The daily gazette., 1876-12-08


THE DEFENCE REST THEIR CASE.
New CASTLE Dec. Z, 1876.
Court opened this morning at 10 O'Clock,
Judges Comcgys and Houston on the
bench
The jury list was called, after which
the case of Annie l.. Calvert rs. James
f. Sutton, was resumed.
Mrs. Calvert was recalled to the stand
when Mr.. Lore, for the defense, COM
menced most searching cross cxamina-
ton.
Mrs. Calvert testified substantially as
follows:
Lived at II East Second street two
years with son and daughter as my
family. We left there and went to Phila-
delphia in February, 1871 and staid there
until April, 1872, when we returned to
Wilmington and moved 4l6 to King street,
where we now live. During the two
years residence in King street Sutton was
frequently at the house. He came both
in the daytime and evenings. Can't
mention the hours lie came in daytime
but he generally came about 7.30 in the
evenings. Don't suppose he neglected
his business when he came over in the
daytime-I have known him to be sent
for; can't recollect who came for him
but Mr.. Ginther, a butcher in the Sec
ond street market sometimes boy came
for him to go to his stall-don't know any
boys name who came. Don't know how
often he called in Fast Second street, it
would be hard for me to say. / carried
on the business in East Second street and
Annie attended the house. Sutton gen.
orally went into the back room where
Annie was he came at his leisure; Annie
never had any other gentleman paying
her attentions in East Second street-st-
ter she commenced to keep Sutton's COM
pany all others left. The girls whom
had working for me in East Second street
were Miss Belle Palmer, Miss Maggie
Rambo and an apprentice whose name /
forget. They were there during the day;
never saw Sutton treat them same as he
did Annie. During this time Sutton
took Annie to Church on Sabbath even
ings-I can't say how often. but several
times. Sutton had horse and carriage
don't know whether he took her out riding
any or not-he wished to take her out
riding on the Sabbath several times but
] was opposed. He did take her out
sleighing, and, think, more than once.
When he called to see her in the even
ings don't know what time he left-it
was systematic thing for me to leave
them sitting up. He visited our house
from two to three times week in the
evenings. sometimes he would joke
with the shop girls, but he did not pay
them the attentions he did to Annie
When he came in the day time, if Annie
was not in the shop he would go in the
house. Tuesdays he would be hero
nearly all day-that was our ironing day
NY remarks about young men stopping
coming applied to the 406 King street
house, where / lived before l went to
Second street. Sutton's attentions to my
daughter in Second street were marked
When we moved to Philadelphia he
came to see my daughter there-can't say
how often but more than once-he did
not come great deal. Annie had to
come TO Wilmington then on an average
onte month to collect bills. l have
known Sutton to meet her at the depot
more than once-can't say how often
/ have come down with Annie and Sut-
ton met us at the depot and Annie and
him went off together and | went to at
tend to my affairs. We moved back from
Philadelphia in April, 1872 and went TO
416 King street where we now are. He
came to visit Annie very soon after we
arrived | did not think him too familiar
when he was visiting Annie at 416 King
street, did not know him so well then.
I he first year after We returned from
Philadelphia Sutton visited regular about
twice week-from 1878 to 1874 the
same, and from 1874 to 1875 little
oftener.
He was not in the constant habit of
taking her to church on Sabbath but it
occurred about once month. He came
oftener on Sunday evenings. Monday,
Wednesday and Thursday evenings he
would visit my daughter, calling about
! 7:30 p. IN. and in September 1874 he in
timated by things he said that they were
engaged. Ifix that in September because
it was The dull season just before we get
in goods for the fall trade; he made no
distinct and direct promise of marriage
before March %, 1875, but had said things
before that which intimated it, such as
what they would do when they were mar
ried: have seen him take work out OF
her hands in the fall of 1874 saying she
worked too much and when he married
her she would not have to work. l
would tell my daughter to quit work and
he would say ''yes you work too hard''
and take the work from heron November
26, 1874 Mr.. Blake my son-in-law came
into the house and passed through the
sitting room to the basement to one of his
children. Sutton, Annie and l were in
the room; when Blake had passed Sutton
said sBlake has got back again, and it
won't be long before he's gone" Sutton
spoke of him as man of family, who
ought not to move around so much. Suit
ton turned to Annie and said, "when you
and get married shall stay at home
and not move around so much. You
know my disposition" recolleet the
date of this occurrence by the fact that we
had moved into our house the day pre-
vious. My usual habit was to leave them
up when went to bed as l thought them
old enough to behave themselves. An
ME is now 27 years old, she was born on
a 18th of August. On the morning of
March %, 1875 Annie sent her sister for
Sutton. He came at 1880 p. NJ. noticed
the clock as | was waiting for him, when
he first came in was present but went
ont into tbe basement and left Annie and