The new Northwest. [volume] (Portland, Or.) 1871-1887, 1873-07-18

~ith emphatic vim.
STie defendant will not be permitted
to~indulge in personalities" said the
Judge. "Go on"
81 beg your pardon, as in duty
bound" was the quick reply. "But
have heard very plain personalities from
witnesses all morning. did not know
that defendants were denied the same
privileges"
"You are TO be fined ten dollars for
contempt Of court" said the Judge, an
grily.
Ellen bowed in aequiescenee, and
turning TO the jury, resumed her de-
fense:
81 requested trial by n jury Of my
peers. find no fault with you, my
brothers, for being men, but I do feel
deeply aggrieved that you, being men,
are not my peers. Men have sued for
this divorce; men have been witnesses,
Judge and jury, and yet there is much,
indeed everything, at stake necessary
TO establish my innocence, which can
not state 10 jury of men, and could
not, even il I were the brazen Outcast
which men have charged that | am.
You have seen that my principal wit
ness, DIR. Goff, who was my mothers
physician at my birth, has been accused
Of completely in the crime Of which
stand charged. His testimony in my
behalf has been ruled out OF court, and
yet he is the only living man besides
my legal prosecutor who knows that
my bodily infirmities are such as render
indulgence in the crime of which l
stand accused a horror that i'm itself
drove me from the home | had earned
and the presence of the children | love,
and would live for, to seek refuge under
the roof Of the only friend / had. Jacob
Graham was to me as father. DIR.
Gofi, as my physician, protector and
friend, called upon me in my dcsolation
and spoke hearty words of cheer. This
is the head and front of his offending"
Turning, with her cheeks afIame and
eyes flashing with Indignation, with
her finger pointing scornfully at the
man of the law, who had watched the
windows where she lived ''from sense
Of duty" Ellen continued:
''The only man besides my legal mas
ter who ever Offered me a word or look
that was not fit to hear or see, sits be-
fore you, gentlemen Of the jury. Look
at him! drove him from my presence
with an iron poker! / only regretted
that it was not red hotp
The magistrate dropped his head and
trembled. His agitation betrayed him,
and the jury looked each other signifi-
cantly in the eyes.
81 have here" continued Ellen Dowd,
"a package given to me on the last
night of his life 10y Uncle Jacob Crab
am. The seal has not been broken. /
am unacquainted with its contents.D
The package proved TO be, as Dr. GofI'
had limited, the will of the old man, and
drawn and legally executed in favor of
Ellen Dowd.
While the will was being read, loud
whispers of 'T told you So" were heard
on every hand. The conviction of the
defendants guilt became fixed in the
minds of the lookers-on, and the jury,
with the one exception Of the stranger
with the beaming eyes, showed their
adverse verdict in their faces.
The first page of the document had
been finished, and the clerk was OPEN
ing it to read on, when loose paper
fell TO the floor. Ellen stopped to reach
for it, when Peter snatched it from her
hand and tore it into strips.
Down came the Judges gavel with a
vengeance, and the pieces were rescued
in time to save them from the fire by
Ellen's sudden movements. With much
care the torn fragments were replaced,
and were found to contain Jacob Crab
ANS denial, before a notary public, of
all the charges against himself and
Ellen DOwd, and 4 declaration TO defend
her honor with his means and influence
to the bitter end. This affirmation was
further made, in consideration of the
uncertainty of human life and the great
need that Ellen Dowd should have his
testimony in case of his death.
The charge Of the Judge to the jury
was brief and simple. The suit for di-
vorce had been brought on charge of
adultery, which not having been proven,
the cause for divorce did not exist, and
was therefore null and void.
TO be continued