The Republican journal., 1875-01-21
supreme Judicial Court.
DICKERsON, PRESIDING
CASE OF TWO WHAKNES.

material. Plaintiff alleges that by storm III
Noy. 1869. his wharf was swept away, much
Of the material of which went to defendants
shore. That by defendants permission it was
niled there and that afterwards the def. used
a large portion OF it rebuilding his own wharf.
Defendant denies such use of material Yer
diet for plttl. ST.. johnson. Fogler.
PRUDENCE vs.. POPULATION
Eliza Ann Cole vs.. Benjamin f. Cole. Action
for divorce. The parties live in Winterport,
and were married in March, 1873. BY agree
mcnt the case was referred to the court. Hub
bard appeared for the wife, and Mcclellan for
the husband. Mrs Cole is the daughter Of Peter
Hardy, of Winterport, and Is % years old.
She came into court accompanied by her father
and mother, and having in her arms her child,
a fine looking babe Of ten months. Mrs. Cole
made very good appearance on the stand, and
told her story in modest and becoming manner.
She is medium sized woman, with dark hair
and eyes, remarkably clear complexion and
good features, In the opinion of fair judges in
the court she was well calculated to make any
reasonable man reasonably happy. The hus-
band from whom she sought divorce is pros
porous farmer, one of the two brothers occupy
ing the old Cole homestead at Elingwood's
Corner. She said that for time everything
was pleasant in their domestic affairs. Trouble
began when there was prospect of an heir to
the name and fortunes of the house. The hus-
band, according to the wife's testimony, did not
believe in the divine injunction to increase and
multiply He insisted that measures should be
taken TO destroy the unborn child, remarking
that it wouldn't cost more than $50 to do so,
while to rear it would cost thousands; and
brought doctors there Tor the purpose. When
She utterly refused to submit, he took her to
her fathers door yard. and left her fainting in
her mothers arms, while he started to drive
away after giving rs & reason that she did not
love him and would not consult hi, interests.
lie said She might come back. but Us Il hired
girl, no. as his Wife
Mrs. Hardy, mother Of the plaintiff. a digni-
fed, matronly lady, next took the stand, She
appeared as though she would be very dccid-
ed kind of mother-in-law to Il man who should
attempt TO cut short her crop Of grandchildren,
and would make the house very warm for him.
She said Cole tried to prevail upon her to use
her influence in having this particular child's
career stopped. He thought the child would be
deformed, and gave reason for his belief. She
said she wouldn't tell what the reason was, and
stuck to that resolution through all the urging
Of counsel.
Peter Hardy. plaintiffs father took the stand.
He is a tall man, with full beard, and head
from which all the hair has vanished, save a
nf no
bare Uranium rose like the dome of Mt. Wash
in9ton. With sandals Oh his feet and toga or
his shoulders, he would make very good
specimen Of the p0ndcrous Roman senator.
He testified in forward and ready manner that
shew familiarity with the witness stand, and
with emphasis and gestures which, however
much they might have told on jury, evident
ly had no more effect Oh an old stager like the
court, than water on ducks back. Re was
present when Cole brought his daughter back.
He gave as reason for not living with her that
''she wouldn't obey"-reterring to the proposed
abortion. He said Cole came back, after leaving
his wife. and stayed an hour, and came fire.
quently after the birth Of the child. Cole also
paid all the bills. Mrs Hardy had that morning,
been to Coles house, and they had warm time
about the coming child.
Rosilla Hardy, older sister OF Mrs. Cole, tes-
tilted that She visited her sister frequently after
her marriage, and was d witness to many mat
rim0nial squabbles. Cole accused his wife o.
loving others better than him. of having mar
ried him for his money, and disregard OF his
interests. He didn't want young ones, and
wouldn't nave them. This witness was posted
in regard to her rights on the stand, and talked
back at the counsel. When Mac questioned her
sharply, she put vinegar into her replies, until
after some verbal fencing the counsel subsidized.
After putting in testimony in regard to the
property of ACKNOWLEDGEMENTS of lands, record
of loans to individuals and towns, and deposits
in banks the plaintiffs evidence was closed.
The defence appeared with cloud of wit
nesses, male and female, physicians, farmers,
neighbors and friends. They all gave Cole the
character Of quiet, sober industrious and
peaceabe man. His wife had accused him of
i'll treating her, and he had confessed that it
might be so, but wanted her to come back and
would use her well.
One of the prominent witnesses for the de-
fence was DR.. Abbot. The Doctor was in one
OF his happiest moods-perhaps never more so
since the time when he was patching up the
wounded after the battle on the Mississippi, and
saving legs and arms in spite of the predictions
of his associates. Taking the stand, with his
jockey fur cap rolled up in his hand, and a
twinkle Of fun showing through his heavy
beard, he said he had been summoned by Cole
to see his wife and determine the question of
her pregnancy. Cole appeared to be anxious
about her, because she had sick spells. | said
Ben, you think your wife is going to puke
herself to death, and that an aburton would
relieve her. Let all that talk so to hill. She'll
! come out all right" well. doctor, what was
| the result" The witness pointed to Mrs. Cole,
pacing the aisle with her babe in her arms, and
replied ''There's the result.' The doctor testi-
fed that Hardy, plaintiffs father, had asked
| about an abortion. Il said not was NO every
| time"
Dr. Mantcr, Il prominent physician of Winter
port testified that he was called by Cole to see
| wte-that she had such illness as women in her
condition often do, but nothing alarmng-that
| nothing was proposed to him about an abortion
| and that he no reason why she should
| not do We'll
B. f. Cole, the defendant, testified in his own
| behalf He is tall. stout and rugged looking
| man. SO years old, dark complexion, heavy side
| whiskerS, sharp nose and tirm-set mouth that
| indicates will Of his own. He has nervous
manner, seemingly at a loss what to do with
| his hands and feet, and answered questions in q
short, jerky way, like the explosion of a pop.
| gun. He said that troubles began between
| Eliza Ann and himself before they We're mar
ried. Three different days We're appointed fol
| the wedding before it took place, and there was
as much scoring as at horse trot before she
| got the word ''So.' She wanted a deed of hi
farm, which he refused. He total ly denied tht
| abortion business. He said with much empha
sis. Il do want chldren--I always wante,
| 'cm-I want 'em now!" He didn't intend t.
leave his wife when he took her home-wen
| only for ride. But her mother had been owe
and made fuss and called him bad names, ant