Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1883-03-21
Washington County Court.

court was begun on Tuesday, the l3t
instant, Judge Reddeld presiding Th
term bids fair to be of the usual fou
weeks length and some important case
have and will be tried.
Mr.. Huse the states attorney, has Sc
the criminal cases for trial on next Tues
day morning. The most important is thu
state against Matthew McCailrey o
Waterbury for the murder of his wife
Bridget Ann, on the 18th of last March
The particulars of the terrible affair, i,
which Mccartney killed his wife an,
mother with an AK, were given in thi
paper at the time. Mccartney is now il
the insane asylum at Brattleboro, and tn,
coming trial will really be an inquiry int
his mental condition at the time of hi.
killing. The court has assigned the Hon
William p. Dillingham; as his counsel.
The calling of the new law docket or
Saturday showed that there are 81 new
entries, sign that business has begun tc
revive. OF those seven are petitions fol-
divorce and three petitions to annu]
marriage. The petitions for divorce are
Nellie M. Russell of Plainiield against
Joseph G. Russell. for refusal to support
d. A. Marble of Montpelier against Louise
NJ. Marble, for wifuI desertion; Emily z.
Bean of Roxbury against Merrill +. Bean,
for wilful desertion; Addie Ainsworth OF
Marshfield against Clarence J. Ainsworth,
for wilful desertion; Mary A. Irving of
Waitsleld against John r. Irving, for
refusal to support; James Kelley OF
Montpelier against Alice o. Kelley, for
adultery. The petitions TO annul are;
Elvena S. hartwell of Barre against
George Hartwell, and Abigail Dodge of
Marshfield against George Parker, each
on the ground that the petitionee had a
wife living at the time the petitioner was
married to him; Joseph Morse of Mont,
pelier against Maria M Morse, on the
ground that the petionee had "a husband
living at the time of the petitioners
marriage to her.
The case of Charles F. Stevens against
d. w. Dudley, the first case tried, was
begun on Tuesday afternoon, March 18th,
and was finished last Friday afternoon,
having lasted three days and half
Judge Redfield gave the case to the iqry
in an exceedingly lucid and able charge,
and on Saturday morning the Jury came
in and returned verdict in favor of Mr..
Dudley. This was the third trial, the
juries having disagreed in the other trials.
The plaintiff will take the case to the
supreme court on some very weak excep-
tons. AS has been often stated in these
columns, during the fair of the Washington
county agricultural society at East Mont
peller, in 1874, Mr.. Dudley was deputy
marshal. On the afternoon of the 24th of
September, the last day of the fair, there
was a great crowd present. and the
managers were "sandwiching" the heats
of two trots, and had given orders to the
marshal and policemen not to let anv
teams on the track for fear of accidents.
Mr.. Dudley ordered William Stevens. mot
the plaintiff,) who was driving an over
loaded team, of the track. Stevens went
OIL for few minutes and then returned.
Mr.. Dudley made him 60 off again, and
in doing so the occupants were spilled
and the team ran away, and running into
the team in which the plaintiff and his
wife were sitting, injured him beyond
recovery. 1t is Il hard case and the
plaintiff deserves the utmost sympathy.
But it is hard to see how Mr.. Dudley was
to blame. The case was ably heard on
both sides. Messrs, Joseph A. Wing and
William p. Dillingham; are for the plaintiff;
and Messrs. Heath Is Carleton S. G.
Shurtleff and George w. Wing for the
defendant
The time of the court since Monday
noon has been taken up with the trial of
Simeon F.Gibbs and wife against the Rev.
IL. w. Worthen, in which the plaintiffs
claim heavy damages upon the ground
that the defendant attempted to seduce
Mrs. Gibbs. The circumstances attending
the affair have already been discussed in
these columns. Mr.. Worthen is an old
and respected elder of the Methodist
Episcopal church, at present stationed ut
Craftsbury. From the spring of 1879
until the spring of 1882 he had charge of
The Methodist church at Mortified, where
the plaintiffs live. Mrs. Gibbs was a
member OF the church, Mr.. Gibbs had
been, but had withdrawn in order to
escape expulsion on account of drunken
ness AT the camp meeting of 1880 Mr..
Glbos asked for prayers and was soon
after made prohationer. Mr.. Worthen
look an interest in his welfare, and he
to lead a better life for some
months. That at the time when his
admission into full membership had come
up Mrs. David Holt complained that he
lad painted bis kitchen floor on Sunday,
md out OF this grew quarrel during
Which Mrs. Gibbs withdrew from the
church. Mr., Worthen had already told
Mr.. Gibbs that his probation must be
extended and Mr.. Gibbs, offended at that
lad said that he would not Join at all.
On certain evening in October, 1881, !
lr. and Mrs. Gibbs and some friends met
lrs. Holt and some friends at the parson-
ge Tor the purpose of effectipo a
econciliation. But the meeting instead
ermlnaled in war, and soon after Mr. and
Mrs. Gibbs made the serious charras
against Mr.. Worhen's moral character
lpon which the present suit Is Fnnnded
ne charges were investigated by a
conference committee during the last of
November aud first OF December, and Mr..
"'orthen was unanimously acquitted, then
ne present suit was brought. Since that
nvestigatlon Mrs Gibbs has added to the
narges against Mr.. Worthen, and she
low complains of gross personal assault
Salnst her virtue which she did not
nentioa then, although she stated then
nat she had no more charges to make.
ar. Worthen denies all the charges, and
ives consistentand credible explanation
i MS whole intercourse with the Gibbs,
'ther witnesses seriously impeach the
eraclty OF the plaintiffs statements.
Inc testimony was closed Wednesday
iternoon, and on Thursday the arguments
MI be made. The court house has been
rowded. Messrs. James N. johnson. S,
;. shurtleff and Charles H. Heath are
ounsel for the plaintiff, land Messrs. Frank
iumley, VIM. 2. Dillingham; and C. IL.
'itkin for the defendant.