The daily gazette., 1876-12-08

Dhnu Was Will NE tneH. i Stalu AZ
mothers until March /, 1875 when !
moved where j now am, No. 233 Market.
street. | was at mothers in East Second
street, from spring to Nov. of 1870, first
saw Sutton there and got acquainted
with him; had heard of him before, i have
seen him at that house sometimes. l was
not in good health then and was during
the fall confined to my room. My
mother, brother, myself and Annie lived
there. Sutton did not come to see either
my mother brother or myself, his CONVEX
sation was directed mainly to Annie. We
carried on millinery, we had n room
back of the store and have seen Sutton
in there. have gone out and left SUIT
ton and Annie together because knew
ne % was not my company and was not
obliged to entertain him. I,don't know
how often he came. He come to 4l6
King street, in 1873 at least once a week,
he might fhave come oftener and not
know 1t. j was confined to my room
during the'winter of 1894. During the
winter of 1874 Sutton, was at the house
quite often. During ithattwinter Annie
did some sewing for herself in, under
wear, ! thoughtit was to get married in
as 1t was trimmed more e1aborately than
common. can'tsay when these preparar
tlonsI for marriage began from tie
character and frequency of Sutton'svisits.
was impressed with the belief that he
was. going to marry her. i went to de-
PENDANTS stall on one Monday evening,
and an tod him Annie wanted to see him,
he said be would go up. Annie asked me
to go. Don't know what Monday but IL
was after moved to 233 Market street,
on subsequent Saturday evening, j
went with mother to Suttons stall.
Mother and Sutton talked in an under
tone. L did not hear all they said but l
did hear Sutton say at the last 81 did in
70 fn httf hnrr an1,n n IT,
give you S165 and that's all l will do"
Hannah E. Carter, testified that she
was intimately acquainted with Calverts,
that she had seen Sutton, frequently at
East Second street, and at 416 King strt ct,
that he had his attentions to Annie, that
they, We're left together by the rest of the
family, that he was regarded by her as an
accepted lover from his actions.
Joshua Calvert. (Direct) sworn Am
Annie Calverts brother, live 416 King
street, and have always lived with my
mother. / have seen Sutton at our house
in East Second street very often, once or
twice week, his visits were not to me;
not to my mother; they were tony sister
spent my evenings at Christy's cigar
cigar store and came zhome about 10
o'clock. i have seen Sutton there when
l went out at o'clock, and he was still
there, when have gone into the room
and wound up the clock and gone off to
bed, leaving Sutton and my sister togeth-
er. This has occurred several times. i
knew him and l treated him as treated
other butchers have seen him there on
Mondays and on Thursdays, at 416 King
street, his visits were never frequent, once
or twice week he did not come to see
me; he kept Annie's company.
On March 25, 1875 1 was out and in
coming in passed through the store to go
to the basement; mother and sister were
talking to Sutton; stopped on the stairs
and listened and Iheard Sutton say: MRS.
Calvert I'll marry her, intend to marry
her, but | am very busy now" / passed
on down the stairs then.
Cros-eXamined-No other young men
came to see my sister. A. b. Jones, Esq,
would stop in, and sometimes go into the
sitting room; he came there to borrow
money; he still visits us. +. b. McCann
has not been at our house for two years;
my married sister gave party and saw
him there. Saml McIntire was next
door neighbor, l have met him several
times on our steps and have seen him in
the house. He did not come often.
DR.. Harlan testified that he had been
Mrs. Calvert's family physician for over
% years; knew Annie Calvert since she
was four years old, never knew her to be
sick week at time until this trouble
came on her. She was ahealthy, hearty,
bright girl, the pride and jewel of her
widowed mother, she came to me for re-
lief in this case; l never knew a greater
contrast than exists between her buoyant
and lghthearted condition before her
trouble, and her broken and shattered
condition now. Before her disaster she
was able to work, her work was not lab
orious. She is OF II highly nervous tenn
permanent and would suffer more in
week than most people in life time;
there is remarkable proof that she is
not shamming now; just as the mother is
so will the child be; if you abuse woman
expect that child when it is twenty years
old to blow your brains out; the child in
this case lived weeks in great agony;
the mother while bearing that child was
subjected to great mental agony and who
ever inflicted that agony murdered, i
may say, the child. Since the birth of
the child, if she is sitting in the room and
and Sutton's name is mentioned, she
trembles all over. Mental suffer-
ing induces physical pain. 1 attribute
her illness and depression to mental suf-
fering. Since her confinement she has
not been able to work but she has attemp-
ted it to relieve her mind; she was con-
fined to her room for q or weeks after
the birth of the child.
Cross-examined-the exposure conse-
quent upon bringing this suit would not
give her more pain; when you burn
horse down, its burnt down andyou can't
burn it over again.
VIM Miller and Pierce Gould were
called to prove defendants property. It
was proved that he did own six stalls
valued at $40 or $1,000 dollars apiece but
that yesterday he had transferred them.
1t was also proved that he owned
slaughter house worth $1,000 or 50 800;
some lots, value unknown and that his
financial standing was good.
Mr. Higgins here closed his case.
AT 4 p. IN, Mr.. Lore very briefly open
ed his case
He alluded to the difficulties under
which the defendant labored in this case
all the important facts transpired in the
presence of but three people, Mrs. Cal
vert, the mother of the plaintiff and in
terested in her recovery, Miss Calvert,
and this defendant, whose mouth was
closed no matter what might be sworn
against him by this interested witness
We are therefore in our defense reduced
to a narrow compass. We will show that
Mrs. Calvert in her zeal has misstated
facts and declarations wherever we can
put tn IN to the test by q third party. We
will show that during all this sad period