The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1878-02-14
sCRUGGs VS. ROCHESTER.

FOR THE PLAINTIFF.
After weeks Of impatient waiting, the
great sensation which has agitated the city
long and violently is ended, and the oppres-
sive weight of anxiety is removed from the
socia: circle. The breach Of promise case
of Scruggs VS. Rochester has at length been
decided, and the standard vanc Of hearts
may be said to be determined.
Thursday evening last the case came up
/ in the Moot Court-Judge Elder presiding.
The session was held in the Grange Hall be-
fore Il large crowd of interested spectators,
fore the largest jury, for It's number, that
ever occupied the box in Augusta. Every
thing was gotten up on an elaborate scale
and the proceedings were worthy of the
1 preparations. 4f +gs
The officers OF the Court were II. C. Ell
der, Judge; VIM. Patrick, Clerk; Gilbert
Firth, High Sheriff Frank Alexander and
I.C. Men. Whittle, Deputies.
Upon the Sherif's declaring the session
| commenced, the clerk called several cases,
which for good and sufficient reasons were
postponed. At length came ''Scruggs VS.
Rochester, . and the counsel on both sides
being prepared, the case was taken up.
On behalf Of the plaintiff, Mrs. Araminta
Scruggs, there appeared as counsel Messrs.
j. w. Stout. j. V. Brooke and Chas Graf
tan, the latter gentleman having taken the
place of Judge Sheffcy, who was unavoida-
bly, absent. Mr.. Gustavus Adolphus .Roch-
ester's lawyers were p A. Baylor, Fl. st.
G. Tucker and Jas. H. Skinner.
After various objections had been rem0v-
ed, the following gentlemen were sworn in
as iurymen: w. J. Nelson, Foreman II.
| NJ. McIlhaney. G. G. Gooch, W. II. Peyton,
A. F. Kinney, Geo. NJ. Harrison, A. n.
Breckenridge. 3. +. Cootes, A. Lynn, L..
Poyntz, W. A. McCue and J. A. Cochran,
and the following oath was administered
to them: You ard each of yon do promise
to render verdict in this case according to
the evidence as you may think proper to
consider it, and the law of Cupid's realm as
expounded to you by the court.
| Mr.. Stout then opened the case in a brief,
| clear statement of its principal points, claim
ing $4,000 damages for the plaintiff, and
was followed BY Nj. Baylor. Both were
telling and convincing efforts and left no
doubt on the minds of the spectators as to
| the correctness of either. The plaintiff.
closely yelled, was then brought forward TO 4
chair near her counsel, and the first witness,
| Fl. l.. Hoover, stepped up to the clerk desk
and was promised to give such testimony rs;
will best subserve the interests OF
| the party in whose behalf you are called to
| testify The evidence then commenced.
| II. =. Hoover had known defendant Roch-
ester 25 years ago, when he was V. NJ. /.
cadet. Upon one occasion was passing
| female seminary in company with R., when
| he (R) looked through the window, and see
| ing music teacher brandishing Il baton
over young lady, thought he was mena-
| cling her, and rushing to the rescue, knock
ed the teacher down, and clasped the faint
ing female to his manly bosom. That school
girl was Araminta Bangs afterwards Ara
minta Scruggs, and, as in duty bound, she
| Immediately fell desperately in love with
| her heroic rescuer.
! d. C. McGuf1in testified that he was the
proprietor Of Kalorama, where Mrs. Scruggs
boarded, and was intimately acquainted
with both parties. Upon coming to his
house to board in 1876, the plaintiff had
registered from Tarhoro, n. c., where she
owned Il large and lucrative rosin farm.
Had noticed the great intimacy of the par
ties to the suit--thc defendant visited plain
tiff as often as three or four times day.
On one or two occasions had seen their
chairs suspiciousy close together and Oh
served various actions Indicative of court
| ing. One evening had seen plaintiff envcl-
oped in tears, and was told by her that
! Rochester bad deceived and refused to mar
| ry her. She asked who was the best lawyer
| in town, and witness directed her to Judge
/! Shelley. Thought plaintiff was wealthy I'M
| til two or three Of her checks on Tarboro
| haG been protested and returned to the
Staunton Bank. Had told Capt. Doyle Of
these occurrences and Doyle had Informed
Rochester and advised him to get out of the
way.
f. NJ. Cushing, Il very bashfnl and timid
| witness, was allowed to tell his story in his
own way, and it was rich. He first remem-
bered witness in connection with the SEM
mary episode % years ago. After that, had
lost sight of him until the commencement
of the war, when Rochester came to Staun.
ton as a member Of the Persimmon Greys,of
Fiuvanaa. Saw him in the retreat at Way
nesb0ro and afterwards at Cheat mountain.
At that time witness was member of the
Veteran legion-Homc Guards-c
| ed by Capt. McGuilin. One night they
were setting around the camp fire and
| Rochester was telling witness of his love for
the divine Alaminta, when all of a sudden
there was stampede. Maj. B. B.-was
on picket duty that night, and whilst visi-
lantly watching for the enemy, who were
about twenty miles away, Il large owl
/! flew over the post, screaming, ''whoo-whoo
| -wlloo are you The gallant sentinel re-
piled with great promptness, ''lts nobody
but B-B-and he would MT hurt you for
| anything in the world" and wthout wait
ing for reply rushed into camp and sound
ed the alarm, whereupon a retreat to Staun-
| ton was Immediately ordered. Witness
gave accounts ofseverai other hairbreadth es-
capes, in all of which he and defendant had
taken active part After the war, witness
/ saw Rochester in Staunton, who told him
/ that he was a life insurance agent and that
| he had found his long lost Aramnta and she
| was wealthy widow. After that, defen-
| dant told witness that he was going to mar
ry the plaintiff, and asked him to go with
him to get a suit Of clothes and wedding
ring. They purchased the ring at Hirshe's
and the clothes of Simon Hilb.
Simon IL. Hilb testified that defendant
had purchased suit from him for we'd
ding lift. The price of the suit was 500
cash, but he had sold it for SIS OH credit,
so that if he never got anything for it the
loss would not be so great. Defendant had
promised to pay as soon as he was married.