The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1875-08-20

Will WullC Out vi tbC iibO AAis JIM |
Der took the girl had agreed upon this
plan, (Mr. Everts here suggested this to
have been more legal than clerical); first
saw Miss Allen at Middlebury; she was
much excited at her adventure; had talk
with her saw her at church trial have
talked with her about the case; have taken
no more interest in the case than my |
office as p. Il. Elder cOmpels me to do |
law of the M. 4. Church compels me to |
inquire into all charges made against the
ministers In my district; it is my duty to
preside at church trials did rule out some |
evidence at church trial, as 1 am RESPONSE |
BILE for character of testimony spread upon |
the churt rec ,rds.
MISS HATTIE ALLEN.
The question of the admissibllityIof wit |
ness was here raised by Mr.. Slade. Law |
was read to show what evidence should |
and should not be admitted in case of adult |
ery. Mr.. Slade took the ground that it
was improper to admit Miss Aliens testi-
mony from the fact that the law consid-
cred her ole of the parties in the crime ;
no law could oblige her to criminate her
self, and when she confessed her guilt, she
was liable to answer to the law statute
was read showing both parties in case of
adultery are subject to be prosecuted and
punished one of them cannot be allowed
to testify, vs.. the other If Miss Allen con-
fessed her guilt she subjected herself to I'M
prisonment.
Mr.. Sade was answered by Mr.. Evarts,
who claimed the girl had a right as states
evidence to testify he would warrant her
harmless she would not be prosecuted
while he was states attorney witness
could be used to prove issues outside of the
facts the law had been changed from
what il used to be it was relaxed the
court has right to use discretion in such
cases there was but one law bigger than
he was, that was the liquor law it could
not be bent, and sometimes made man do
| different than he would like to this was
case in which the court could use dscre-
ton. The question being submitted to the
court, it was ruled that Miss Allen could
testify to all questions except those which
| would criluinate herself.
MISS ALLEN
| testified Mr.. Porter gave these notes to
me cannot tell date. (Here the letters
and notes were shown and identified by her
as the ones given her by Mr.. Porter.) Can
not tell which one received first; received
Hrst one about December last Mr.. Porter
gave them to me at Mr.. Pember's Mrs.
Pember was present gave me one letter
after conference he did not stay at Penn
bers but one night after conference did
not know as tore up a letter and put it in
the stove at Mr.. Lincolns ; did tell peo.
Pile at Weybridge that Mr.. Porter never
wrote me an improper letter; told Mr. and
Mrs. Porter the same.
RoDoLPHUs NICHOLS.
Found letter in Mr.. Lincoln's coal stove
next night after Hattie went off did not
see her put 1t in the stove several were in
the room when letter was found in stove !;
do not know who wrote the letter.
MRS. L. d. PEMBER.
Mr.. Porter lived with us a part of the
year Hattie slept up stairs woodshed
connects with house and back stairs lead
ing to chamber of Miss Allen was not
able to get up stairs much, being lame -;
she (Hattie) took care of her own room /;
has lived with US eight years.
Cross-eramined By Mr.. Slade-Miss AL
len was sick some while Mr.. Porter was
with us sick several weeks considerable
out of health nearly all winter she is sab
ject to hysterical fits had them frequent
ly previous to last fall MIR. Porter was
absent good deal think there was an
undue familiarity between him and Miss
Allen, (witness refused to state nature OF
improper conduct.) Mr.. Porter used to
ffr is stMhes be sne sGsssisfda ttasnd
ing school.
Adjourned for supper.
Court called at Z o'clock p. M, and the
court room was still crowded with specta-
tors, and continued so during the evening
session. Mr.. L. D. Pember was recalled
and questioned, after which the prosccu
ton rested.
Testimony Of Defense.
REV. g. W. s. PORTER.
Mr.. Porter's testimony was somewha
lengthy and consisted in giving dates an(
whereabouts from his diary from the tint
he came to live with Mr.. Pember to hi
leaving his going and coming during tn
year, with general denial of all charge
made against him that no letters wer
ever written by him to Miss Allen ; CAV
history of their coming after Miss Allen
etc. looked at the letters which had beer
introduced and denied their being writer
by him.
Two gentlemen from Weybridge-Mr
Fisk and Mr.. BoYce-ware then sworn an,
testified to the manner in which Miss Allel
, was taken home from Weybridge by MI
Pember.
DIR. G. BULLARD.
DR.. Billiard testified that he resides il
! New Haven that females are subject T.
r | disease called hysteria that the diseas
affected the mild and brain it was ner
vous disease; persons subject to thi
disease are not responsible at all times TO
g.. what they say are very apt to tell thing
that are not 80 this is fact given b.
: medical writers the mind at times re
;. covers its functions should judge Mis-
= Allen was more or less affected by thi
disease to which she is subject.
!. 1t being ten o'clock the court adjourne
! until nine o'clock Wednesday morning.
WEDNESDAY, Aug. IS.
: The court was called at nine o'clock II
j m when the defense proceeded with tn
evidence. The following named witnesse
were introduced for the purpose of i'm
peaching Miss Aliens testimony, all Q
them testifying that she was not on pa
with girls in general for truth and veracity
viz: Mrs. H. w. Lincoln, James Kin
> and Messrs. James King and Martin Saw
tell. The defense then introduced DR.. L
o. whipple for the purpose of substar
> tlating the testimony of DR.. Billiard il
= reference to the effects of hystera on pei
sons subject to that disease, and also som
other points In reference to Miss Allen
: sickness, DR.. Whipple having been attend
ing physician:
One witness was introduced to show Mis-
Aliens familiarity and connection wit
other men, or illicit conduct, to which MI
q Everts objected. After arguments b
9 counsel, the court ruled that the witnes
b should not be allowed to testify to any