Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1851-04-28


of those he had wronged, are attempted to be con-
troled BY that one woman, Mrs. Ellis, whom you
saw upon the stand, and whose spirit and temper
you noticed. have no unknd feeling towards her
l ieit for her no other emotions than pity, when
saw her there give her unblushng testimony TO what
| knew could prove at the very next moment, be-
You'd the shadow of doubt, to be the grossest
perjury. woman, so precocious to give birth
TO child in month after marriage, and deny the
fact among whole neighborhood WHO knew it to be
true, is hardly fit person 10 testify in the case of
any womans chastity. At the commencement of
this suit, in 1850, John G. Burroughs here, and
when this was continued, it is in evidence that
me said he never would come here again. am sorry
that the defendant shond have SO deceived his coun-
sci as to permit them say that he has not this
brother since. Why did he go to New York in per-
son, to the town where that brother resides Why
was he seen with him at the same hotel, and in the
society of the magistrate, before whom that deposit
ton was taken The character of that deposition
explains it ALL have no means of knowing under
what pressure that deposition was taken, but may
say that the instrument itself is no worse than the
hand that guides it.
And now what proof there that Mr. J. G. Bur.
roughs told ae defendant of any intercourse with
Mrs. Fairbanks. There is particle Of evidence
show that he ever had any such communication from
any human being
The only question that remains forme to discuss,
is that of damages.
II this woman has no character worth preserving,
she has no claim upon your consideration; but if she
has, amid the prosecutions and ISLANDERS circulated
against her for years, even remnant of character
left, then that is worth preserving If, in the history
of single human life, there is one green spot around
which the pure affections centre, that is worth
preserving lfthere is home still hallowed by love,
in which respectable friends can meet, the sanctity
Of that home is worth preserving. Shall this woman
| ho.
witnesses from Vermont, who have known her from
childhood, and who testify that her character
above reproach? You have also seen the witnesses
from Warren upon the stand. Can you believe that
a woman who had the respect and confidence ofsuch
people can be bad? 1t is said that there is no claim
for damages, because Of the stories in Warren
But mark the testimony concerning those stores.-
Mrs. Ellis, you saw and heard-Dr. Carpenters
wife interested party in previous sut--Mr.
Powers admitted that he was Interested in that suit,
and talked with the jury in reference to that
You can by these and other witnesses, how much
OF reason and how much of passion has been at work.
When you get out Of the circle Of these interested
parties to such respectable witnesses as Mr.. Nathan
Richardson and Deacon Tidd, you get solution of
the whole matter They say there were reports up
on both sides; that some believed her character good,
and others bad; that some were ready to believe
anything they heard, while others required the proof
such noble women in Warren Mrs. William Lin
coin, these calumnies would have been buried in
their graves. She suspended her intercourse until
she had proved the falslty of these caumnies, and
then took her again into her confidence. | say TO
you, that woman who has the confidence of Mrs.
William Lincoln, has character worth preserving.
We cannot tell what may be the opinions of the outer
circle, but it is by the Preside and the domestic al
tar that we must Judge of it, Gentlemen, do you be-
eve we have brought worthless character to mar
ket, when this woman upon the first day before le-
gal tribunal, makes her character as clear as sur
IIgfIr ---
There was remark made by witness on that
stand, yesterday, whom | now see before me, and
must say that his appearance there showed his in
terest and feeling in the matter. / must say it if |
have TO go against the whole array of the clergy
Ills testimony was particularly dwelt upon by the
counsel for the defendant, who said that he visited
the plaintiff in the character of 'father confessor
should like to inquire from what lesson in the gos-
pei Of Him whose servant he processes TO be- he was
taught to diyulge the secrets ofthe confessional
If she did at such time reveal any thing to him. il
was his duty to keep it in the Utmost chamber of his
heart But | am instructed to say, by woman
never charged with alschood, that his statement is
not true. believe it because it is contrary to the
nature of things. Suppose that that woman should
have said she did say, "Suppese it is all true!
Suppose were guiIty-Why should suffer, and
| Diners not! Is tnat any evidence oil guilt.
had made up my mind TO forbear comment upon
his testimony, until he had dragged in remark
personal to myself If l have shown any unusual
interest in this trial. it is because haye thoroughly
examined the case, and feel the fullest confidence
that she is innocent will not appeal to your pre-
JUDGES your passions in regard to the question of
damages. ask you not to give this verdict under
any excitement or passions, but your sober Judgment
As the laws of the community now are, there is
no other way of testing the of the jury but by
the verdict it may give. You are now presumed 10
be conversant with all the facts in this case. The
learned counsel for the defence asked, "What has
this woman suffered''' Gentlemen, what has she not
suffered? You are husbands and fathers, you have
wives and daughters, and you know the priceless
value of female character. Give her then, such a
verdict as shall seal the lips of calumny, and seal
them forever. Give her such verdict as shall show
to her and the community, that twelve men Of the
county of Worcester believe that she ought to be re-
stored TO the amenities and delights of social life.
The great length Of our report Of Judge Thomas
argument for the plaintiff, prevents us from publish
ing the luminous and impartial summing up of the
case, by the presiding Judge. The jury were out
about three hours, and brought ina verdict of s 900
for the plaintiffs.
Foreign Items.
An extraordinary mortality from whooping cough,
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