Telegram-herald., 1888-01-13

malnsr a the tsz table Ga The OCCASION
speak u n Clay talked slfh ia o. her
parsons and fr~abs.i Them eiFillg think
Ms. Gay -as 19riluss siglDly Beca1ss of
1sr aepeaf4nes. / Gi1u Z tAiuk q slfange
thai N. CisF SHOULD accuse his Eiis OF
criminal relations witb other msa before
nls daughters, fr0m al / knss Of tie
family snd the eireumsfzBees'
Ars. Martha Rutherford wss sworn. She
sait Ars. Clay aud we're children 10
getner ana se ave aissgs 0eea intimats
fEiendss kns . o. the marriage Of M. aud
Mrs Gay, snf While tneg were keeping
house l vas a .reqaeat visitor a. their house.
calling about once a ~eek on an average /
seldom sas Mr.. Clay as0B my visits. when
/ nrst visited them their relations uers
pleasant Mrs. Clay used 10 come 20 our
house frequsntly. ana after theif removal %
the Snas Dlock sne ~ouid MAKE coal sints
OF Mr.. Gays conduet, she told nae thar he
had accused Der OF criminal intimacies with
almost every maz vita whom she had 0usi-
ness relations. said be accused her Of these
things before bis daughters. that al tea one
time he threw q carving xaife Al her and II
struck the sugar bowl. that Ar Clay sOuld
scarcely ever come homesoocr, aud thai sue
Vas breaking down Ia health because OF bis
treatment"
Before adjournment for dinner the Court
said Il must Dc understood these statements
we're not % be taken ia evidence of facts,
bat slnapiy as statements 10 witness by Mrs
Clay ~ what mad taken place.
Al .. m. Mrs. Rutherford again took the
stand and under the objections noted az the
forenoon session testified that Mrs. Clay
0fien complained that the plaintiff would
leave home and not provide FOR the familY's
malntenancs while he was gone; sac also
complained that be gambied and drank
away most of bis means and that she had
10 use her own money 20 suppot the
family. Mrs. Clay had often told witness
that she had great trouble in keeping SER
wants because OF Ciay's actions; in fact she
said she could not keep any female servant
except a eolored one witness was AZ the
home Of the Clsy's Thanksgiving In 1854
when Cay showed by his manner that he
had beea drinking: Mrs. Clay often COM
planned that she could not make the child
ren mind and that Mr.. Clay would not
advise the children 70 mind her.
Witness was asked by Mr.. Smiley whether
she Mrs. Ratherford) had ever spoken to
Mr.. Putmsn about the complaints made by
Mrs. Clay and the answer was that she had
told Mr.. Putnam that Mrs. Ciay's health
was breaking down under the life she was
Leading with her husband. She appealed to
Mr.. Putnam 20 interfere.
At this Mr.. Mitchell made strong oojec-
tons and after some little argument Judge
Buriingame sustained the objection.
Mr.. Clay next took the witness for cross
examination. He went over the manner
in which witness made his acquaintance.
Mrs. Rutherford visited the Gays frequent
ly. In answer TO the question, Did you
not think Mrs. Clay was more comfortably
situated living with me ia q nice respectable
family than living alone IN a block Mrs.
Rutherford said sne did not think Mrs.
Clay was any better of: witness did not see
any particular change in the bearing OF
Mrs. Clay toward her husband after her re-
turn from Europe; did not think that Mrs.
Cav suffered any remorse OF mind or con-
science IN going away to Europe and re-
naming away from her husband
aud children for seven months; witness
thought Mr.. Clay might know something
about remorse. Clay here remarked with
some asperity that he had no remorse for
bis actions. AIRS. Rutherford again reiter
ated her statement that Mrs. Clay had told
her that Clay accused her OF having i'm
proper iuumacies with every man with
whom she did business. Witness did not
think this included Mr. Putnam.
Yes, Mrs Clay is larger and taller than
you are. said witness In reply 10 Clay 5
cross-examinstion. II think she would
have knocked anybody down that would
accuse her OF such thing except her hus-
band"
Mrs. Rutherford--"I don't think the
Doctor was happy before she went abroad" F"
sam Clay-"Well, | was"
Mr.. SMILEY object to Mr.. Claws tell
ing as to how he va; enjoying himself"
Judge Burlingame-''Ihe statement of
Mr. Clay was not proper"
Witness bad seen Mrs. Clay riding in Mr..
Putmsn's carriage; never saw Mr.. Clay in
the carriage.
Question-"Have you not seen Mr.. Put
man and Mrs. Clay at your house fire.
quently. or &C least sometimes. during the
past two years."
Witness-"Do you mean since you have
been separated
Mr.. Clay-"Never mind that; / do no,
know that we are separated yet"
Witness-"Yes; Mr.. Putnam has been a.
my house with his wife when DR.. Clay was
there. They talked in 3 general way"
Question-"I lou say you smelt my breath
often. What did you smell. whisky or in
toxicsting liquors2'
Ansver-"Yes, sir; l scarcely ever met
you but that could smell your breath and
knew you had been drinking"
Question-"Whsn was it Mrs. Clay told
you she couldn't keep a servant girl except
a colored one"
Answer-"It was in 1884 She told me
what the girl who has been on the stand
testified to and what was the reason Why
she couldn't keep a girl"
Question -"Don't you know that my
wife always insisted upon keeping colored
girls and that always objected1''
Amid the low. ripping noise Of a smile
that spread itself over the court room the
witness answered No The witness testi-
81 - 4 Il a 4
would probably have to ask her husband
Mr. RUTHERFORD not to call, as Mr.. Clay
msde 40 much fuss about IT,
Mr.. Smiley took the witness for re direct
examination and attempted to show tha,
Mrs. Rutherford bad made presents TO the
Doctor. and thss they bad been always
marked Rutherford" On objection by
Messrs. Blanchard ana Mitchell Mr. Smiley
said that the plaintiff had shown that the
Putnsns had marked presents made ia
Mrs. Clay. Rutherford" and that it was
the proper way to mark them
Judge Burlingsms said thar it was simply
q question Of etiguette. and if necessary Il
0abt be submitted to The proper su-
thOritiss. he should not admit the testi-
uony.
There was stir in the court room a.
Nsy0r Diksma0 stepped up before Clerk
Rafhburn and took the oath. He was driv-
inz on Shsid0n-st ABOUT two years ago
when be heard from an upstairs window AZ
No. ~. a cry Of murder" II was a
~0msn's voice. He drove on down street.
met Detective Cast. and told him be thought
there vas trouble there
U8dsr cro<s-exsmins.ion BY Nr. Clsy
Msgor Diksmsn Simply repeated the above
testimony and stepped down.
Mrs. Enos Putnam next came forward
ard IN diTnihed ard possessed manner.
took the oath. TIE lady wore a sea sscaue
and brown h0nnst she gave hsr testi
moBy. 10 repiy 70 questions By Mr. Smiley.
IN . clear voice, her uftersncs being distinct
and her accsnt correct. Her sister. Ma.
Clsv. -ss tnrse yesrs younger than she.