The state rights democrat. [volume] (Albany, Linn County, Oregon) 1865-1900, 1868-04-04
CIRCUIT COURT.

Is still in session, Twu cases ofunusual in.
terest have been adjudicatcd, We allude TO
the State Us. s. Montgomery, and Samuel l..
Denny Cs. Tho's Monteith. The latter Nns
a suit for damages, for the alledged seduction
of plaintiffs daughter, Josephine Denny.
We took voluminous notes of the evidence in
this case but much of it is ofsuch a nature
rs to render it unit for publication ina Dem
%oerRtic journal. IL our dearly beloved friends
Of the Salem Uaionist and OregoHida desire
to publish il we will furnish II to them, pro.
vided they pay US for our services. As they
love sensation stuff rs they are proiessedly
in the Interests of God and humanity as
they were swift witnesses against Montgom.
cry ere he had had q trial-.consigning him tn
the hottest place in the lower regions in nd.
vance they ought now, one would suppose,
eagerly to accept our generous offer. They
would have it believed that they are the cspe
cial champions Of the injured aud unfortu.
nate and that none hut Democrats are ever
guilty of lieentious practices. II they will
publish the evidence in the case under con.
sideration, they will see, and their duped
readers will see, that their conclusions are
slightly erroneous. IL was in evidence that
the def ndant, on a certain occasion, debauch.
ed and seduced the said daughter of the
plaintiff, under exceedingly aggravated cir
cumstances and that n child, which was
produced in Court, now some iiyo or six
months old, was the fruit of this illicit in.
tercourse. All these, and many other ma,
terial allegations, were denied by defendant,
not only in the usual form, but under the so
IDENTITIES of an oath. lie was ably defended
by ingenious, learned aud eloquent counsel
in fact they made a most desperate fight
but without avail. The jury, after a patient
hearing, retired, and returned a verdict o
guilty, and awarded eighteen hundred dollars
damages. Ii is due TO justice to state, also,
that the case was prosecuted with more than
usual vigor aud ability. Judge Strong, o.
Portland, particularly, won golden opinions
by the skill, energy, aud profound legal lore
he displayed on the occasion. His address,
to the jury is considered u model of genuine
eloquence, and rs among the best Of forensic
efforts ever made in Linn county.
ASS matter of course. in a trial like thu
one under consideration, where such inter
ests are involved, u large number Of witness
e. generally appear on the witness stand
We desire particularly to direct public at
t%ention to a witness for the defence by .h'
name Of Howard. lie Is u married man
yet he swore, in substance, that he himsel
had had carnal knowledge of Miss Denny
months before the alledged seduction by ,h'
defendant; thus unblushingly confessinl
that he himself is guilty Of one Of the black
est crimes in the criminal catalogue. Bu
the counsel FOR plaintiff proved by Sheriff
Smith. Judge Geary, A. \. Arnold. Wi
Lam Parrish, Joseph Nixou, Jeremial
briggs, X. NJ. Powers, VIM. Reed, Johr
Long. 5. Althouse, William Ncwhous'
and DIR. VIM. Lister-each and all sub
%stantial citizens-that the witness, low
ard, was unworthy Of credence. and that hi
character for truth and ~veracity is such iha
they could not believe him under oath. How
ard is regarded in this community as an un
s~crupulous, unmitigated liar. and hence hi
testimony had but little weight with the Jury
The defence also introduced several witness
es to impeach Miss Denny; among them wer,
Mrs. Griffin, Mrs. C. c. Cooley, Mrs. Bentle,
Mrs. Lister. Mrs. Duniway and Mrs. Briggs
The two frst.named ladies testified that, il
their Judgment, a woman who would d.
such q thing would lie" The other laiiei
did not even testify this much while Mrs
Lister testified that Miss DIS character, fol
truth and yeracity, was good, for anything
she knew to the contrary.
The trial Of 5. Montgomery, for man
slaughter, took place last Tuesday. W,
were prevented, by urgent business matters
from attending; hence We will only stat
a few facts. Ajury was i~mpanneIed with
out much difficulty; the witnesses. for anC
against, were examined the case was sub
mitted TO the jury about 10 O'Clock p. ~, anC
in an hour or so thereafter they returned
verdict of mot guilty" He was most Wig
orousIy prosecuted by j. Quinn Thornton
and p. C. Sullivan. They went after him
We question if two better, more ingeniou
and eloquent legal gentlemen could be founC
in the State to attend 10 the prosecution
They did everything mortal men could do
under the circumstances, to convict Mont
gOmery. On the other hand he was ably dc
Tended. Those who heard his junior counse
describe the effort as being thrillingly clio
quent while that Of his senior counsel, be
ing devoted mainly to the law and the eyi
dencc, was severely analytical and logical.
Some days ago two radical papers in Salem
alluded to Montgomery's case in such a wa,
as to PREJUDICE it and prejudice public opin
ion against him. They charged that ''grea
crime had been committed" by Montgomery
that q ''life had been sacrificed ~ that h,
was ian incarnate fiend,n &C., and othel
radical papers throughout the State kindly
added that he vas a prominent Democrat
Would it not be well for these radical villif
ers to learn a lesson on this subject? Thil
thing of charging that the Democracy, as
class, or party, are more addicted to the per
petration of crime than radicals, has gon'
far enough. We, for one, intend to warn
the wal in the ears of some of the leaders
ere the campaign shall have closed, if they