Telegram-herald., 1888-01-11
WILL HE DISMISS IT.
sTRoNa ARGUMENTS Pao AN0 cox
2ssthe9 Day ~ ka1<rsss IL shs Clay Put
uz4a GAss-SFs- clay . L1@1sasr-Eas
S@se z<satlax "a Deekzlss a ses
Gs4Et - hsf&sF - Gt1-
natss ~ - NsL


nsiss - a. EsG
Ihs Clay-PuEoa4B case IN the S1psrn5r
Coast sza nos been IN progress toar eags.
exclusive of tie o. afserlOoa. IA sscaring
i8ry; and duEiax az inis tims TIE coaFl
room has hesa crowded - saltoea-i9n.
Notwithstanding tbs severity Of the storla
Yesterday there sas "a increased sttsaa-
aDcs of lsdlss. snd Ia ths afternoon Ars-
Enos Pullman was smorE TIA namosr, tats
beng her GEst appearances.
Lewis Maud. the hrst witness cslisd tog
Mr. Clay, SAID. Have hTsd IN this city
nins years, know the parties 10 this sat.,
also Ars. Clay, wzs co4chn3n fof Mr.. Put
nan nYs years and . half not Ia bis en-
ploy nov, hs hzd sics team an1 carriage,
shich the fszaIy used for ricieg be used
70 drive Tor them; Mira Clay sometimes rode
Qua with theEa; nos very often. thsy acme
times rode cat for pleasure, and sometimes
went - ths theatre. Miss Mad Cay some
times fo,ie o0t Nhea 20 sas driving during
sos. A1- Gay sometimes put hsr hosss
into PutVsns barn; temporary stop,
while abe was cAiiing Al The house.
Cross Mr.. Patmsns eua-
pl0y last June, had been with him i've and
one. ball years. hs Kept team and carriage
Tor uss 81 his fEmIly; when driving, he
always Nsat " mere be Gas d rected by those
riding Mr.. Pssmsn did very liitls
giding, except between his hone
and his place OF business Nrs
Putnam slvaYs gave TIE orders. when he
went Tor Mrs. Gay, sometimes picked her
up on the streets, .4sok MRS. Clay went 20
the tasssre only two or tAres times during
the - snd oae-half years, and d0n'- 70
issmssr that Mr. Putnam was along but
once Mrs. Gays horse-the one sac used
Ia hsr prsctics-sas generally hitched IN
front OF the holss; not put IN the barn very
often. in sJormy weather. sometimes.
ksdlsoct-.Ars. Clay Is Mrs. Putman's Sis
ter, Putnam her bFosasr-in-isw. Never
picked Mrs. Clay up on the street, when
taxing Putnam 70 and from his otlice: did
not pa. Mrs Clsys horse IN the barn except
in stoFEny weather; don't know how often
sas called there: Mr.. Putnam sometimes
drove his cxrrisgs himself.
Cros.-exaninsd-Never saw anything in
dicatlng unusual attention toward Mrs.
Clay oy Ar. PA nan.
Wm Scott-Have lived in the city eleven
years, havs bean secretary for the Putnam
Bafnhzrt Lumber Company sihce 1850;
know Mrs. Clay, she called at the com-
panys OItcs in tnis city during 1882. two
or three times; once 10 soc witness absut
getting her = passport TO Europe, or assist
ing her 10 get one: cont know Of her talk
Ing 10 Putnam ABOUT II; witness filled out
blanks, which Mrs. Clay hsd with her, sRd
forwarded them to New YORK had passport
returned 70 him. she asked that the Aass-
port De returned 10 witness; was 4 notary
pablo, and. IS such, the spplicacation for
passport vac executed before him.
Cross-exsminsd-Aiss Richards Was with
Mrs. Clay. and she executed application tor
q passport at the same time Mrs. Clay did;
think her passport was returned TO witness
along with Mrs. Gays.
Re-direct-Am still in employ OF the Put.
mAn-Bsrnhsrt Lumber Company.
At this point. plaintiff offered in evidence
the bles and records in the suit for divorces
entitled, Francis Rutherford Clay vs. Sam
uel ID. Clay. Objected 70 by the defense
The Court Inquired the object of their intro
duction. hr. Mitchell responded that the
sui. for divorce was a part of the defeDd-
ants general scheme 70 separate the plain
til from his wlfe- The suit now on trial
was comm encea December Is, 1885, and the
divorce suit IN February, SO. The latter
was discontinued only short time since.
Plsintid claims that they will show. by in
ference, al least, that the divorce suit was
part OF tie dslendant's scheIne TO get Ciay's
wife away frona him, and get her back into
MS own family. THat the discontinuance
Of the divorce suit warrants the inference
that the charges made in the complaint for
divorce, whlcn are substantially the same rs
the defense IN the suit now on trial, could
not and cannot be sGostantiated and there
lore that the defense SET up IN this suit, so
iar as relates 10 alleged drunkenness OF the
plaintiff must De untrue, and must fail.
The Court decided That The records and files
OF the divorcs s1il might be admitted TO
show that such 4 suit was commenced. and
that it was subsequently, discontinued.
Mr.. Mitchell thsn proceeded 10 read the
flies aud record IN the divorce suit. Mrs.
Clay's sworn complaint set uD, as grounds
for divorce that her husband was an haoit-
ual drankard, and had been for two ysars
before the complaint was filed Norris
ald Uhl were Der collectors In the divorce
suit. which was commenced February 20,
1855.
After the complaint was read, the de-
fenss objected 10 Mrs. Gays answer being
read. because IL Nss a statement not under
oath. and may or may not De true. After
ga argument on botR sides, the court ruled
tna. the object Of the introduction of the
| documents 0siBg TO show the COMMENCE
men. ot auii and subsequent discOntin-
uaaCe of thai suit. the reading OF the com
plaiat shows the commencement OF a suit (:
end that the com pla Mt having been read,
without objection, tbe answer TO il, called for
by the CON plAinsnt may be read a. the same
time cautioniDg tue jUFy toat statements act
forth IN the conp aint and answer are not
10 be received IN evidence IN the case on
I trial. ThereUpon counsel for tbe defense
moved that the documents be stricken out
and hot IeNd-if thsir contents are to De
/ entirely disressrdsd oy the jury. In oppo-
sition u this motion. counsel for the plain
I III insisted laat The documents should be
I rs2d. not 20 prove tas truth OF the state
ments made, bat that they were scsuali y
made By the parties - the divorce suit
| Notion 10 strike out overruled. sod Gr
| Aitchsil proceeded 20 read Mr.. Claws an
swer. Ia this document AFR. Cav denies
:hAt hs wss = drdakart that Mrs. Clav
/ knew bsfoFs marrying him that he was q
moderate drinksr. tsat she often tod him
| before thsir wsdtiDg that she had NJ 0s-
/ jecli0n % moderate drinkers. that they are
generally brilliant men, taat she had no
| d9uos but that s0s could in3uence him. snd
/ keep him from becoming q drum ksrd. that
ne was never accused OF beng a druakard
tai tas complaints FOR divorce vas h.ed
that sac oFdered bis two daughters not TO
| call her mother. bat 20 Gail her Doctor
l hat Mrs Gays conduct toward his dauzh-
/ tsf Annx wss such that BE Vas obliged %
send her away 30 school. and that subse
/ queatiy hs had 70 send Maud away tor ke
reasons. that Nrs Clay took more interest
IN caring Cor Pulrasas children thsn his.
1 thst in 1882 4Ts Clay proposed to break
/ 40 kespinz house. and take roouls. that
/ Ge dia 80. and about thai tine learned
that MS. Clay vas preparing % 90 -
/ Europe, that be Nss overcome b.
/ the secrecy and peridy Of hsT movements.
/ tsst sac 5nslly stsrts8, Enos Paiman CIV
I ing her money e. cretlr. iast before shs took
4 . -.