Telegram-herald., 1888-03-21
GOING TO THE JURY
The nlssik-PAyNe SEDUCTION CASE
1estfmeav far the Dsfskse ana the ksout-
t.i-fhe0ry that Leas was tneh~sss
Presisas - her Ac,4 41iat@nee with
Elder Payas.

nothing else 10 do-and great many wno
hsve-wili dock to court roOm 10 stretch
their necks and strain their ears and blister
their feet. il nsed be. 70 listen TO the testi-
mony in such case as this, and the present
seduction suit against Eiidsr jeremiah
Payne is no exception 10 the rule. however
sad commentary il may be upon the peo-
pies sense of moral rsciitnce- The court
room was crowded with al sges and classes
and both sexes. long before 10 o'clock yester-
day morning, and the officers "hsarye' WAS
heard by just as many as could crowd inside
the doors. and scores who could not ind
sests.
Judge Montgomery was on the bench.
cool and impassionate; Clerk Harvey. ap-
parently unooncerned, but yigilant. at his
desk: William Alden smith. of Smith d
Stevens. and ID. c. Lyle. of Cedar Springs.
defendants attorneys, in their seats. with
an indignant but gentiemRnly bearing:
John A Fairfisld and A. Ward. OF Ward
* Ward, counsel for the plaintiff, with de-
liant air, but nervous action on the other
side OF the long table. the attentive jury
with solemn faces IN their seats; the Did
couple, Mr. ana Mrs. Payne. bent with age
aud infirTity, surrounded By small knot
OF sympathizlDg friends the front seats
crowded with Pollock and German men and
women with scarcely an intelligent express
sion on any countenance and scarcely
knowing what they were there for except
as one expressed II TO come aud help
Lena" and last but by no means least a
| table surrounded oy reporters of the city
papers and the Sunday Sun. This with
some hSnckmen, who had been securing
| the country for witnesses ana were seated
on the back seats waiting for their pay.
comprised the personnel of the court occu-
pants inside the bar. when the
| case WAS reopened By calling William
| Russell, Psyne's hired man. again 10 the
stand by the defense. His testimony was
| IN no way MATERIAL to the effect only that
| he offered to give Lens new dress on her
| birthday. but that it was IL JOKE, The
next called was
DR.. Boyd-Attended Lena Missick when
| she was sick; saw her premature.y born
| child lying on the floor wrapped up in q
| cloth; measured it with a tape line and
| found it to be FIVE aud one-half inches in
| length.
Cbas. House-Saw Lena in February out
| in the ysro splitting wood. Objected 10 by
4
defense claimed that it was introduced to
febut the idea that her health had been
| ruined, and ii was allowed To stand.
Mrs. Jane Payne, vile of the defendant
| was assisted 10 the witness stand by her
| son and spoke with much difficulty. She
! had known Lena Hissick since April oi
| last year, when she came TO her house "a
| WORK; she worked there at three different
times until the first Friday in August,
| never used the parlOr unless they had com
pany, which was bat seldom; left il in
| perfect order when she went north
and saw no difference in il
| upon her return; Ar. Payne often
| helped about the washing and has pounded
| the clothes for both witness and Tor Lena
| have heard Lena cry out during her sleel
| in the night several times; Ar. Payne va.
in bed with witness az al such times; ths
hired man was IL the house; have Otter
| heard hlm drive horses in the night thre,
| years ago Hr. Payne was taken M with
! pains in bis lower limbs and back; has beer
! confined 10 his Oed great deal; was con
| stsnily under tne care Of physicians; nevel
saw any signs of familiarity between Mr
/ Payne and Le2a.
The complaint considerably refrainec
! from crOss-eXs minatIon and the next called
! WAS:
Sidney Haight-Lens Missick worked fol
| me three weeks after she left Elder PsyDe's
she used TO y0mit freely mornings; she ap
pesred 10 be growing large; ber dress die
not seem 70 come together well IN front
nave received no money hom any one e
come here aud testify.
DR.. Nood-Have never seen a seven
weeks old inins 81 inches long, and think 1
1t highly improbable; at seven weeks Il
| would naturally be about Il inches long
| measuring from the tip OF the head TO ihl
| anus. which is the only way at tha
age as the lower limbs are curled 6p ang
the spinal column bent
DR.. DeCsmp-Simiiiar testimony.
DR.. Ayles wor6h Treat Mr.. Payne fol
muscular rneemalism, partial paralysis o
the lower parts and sciatica In 1854 snc
| 1885; the effect Of his ailments woui,
naturally tend to q dssuse of the lowe
limbs and resultant impotence.
| Mr.. Payne, recs iie1-Ine night following
my wife's departure for the North hear,
Lena cry out and spoke of IT 10 Russell 8
the breakfast table, be said be didn't hea
her, and she said she must have beer
dreaming. and that was all said about il.
Here the defense rested a8d the C0ur
took o recess to sliow the complainant 4
get in witnesses for rebuttaL
| L poD re2ssembiing the declaration o
Lena Missik attached TO the complaint va
read to the jury. AL there is in Il bal
been gathered from the published tesfim0nl
and more TOO. ia il tie writer LAYS stres
upon the declaration that the girl never nas
any connection with man before or siuc'
the time she saws Payne seduced ner. az
that she first knew OF her condition CD th
niEht che vss pTematuTely delivered q
Nelson S. which was seven weeks after ID.
act.
| Then the prosecution put seven vifBssue,
1
FOR chastity Wa good previous % the fifs
| OF August that sic Was 8; Psyues. Ba
few ol them could be made 80 uadefsfand
/ The leading question -H hefheT OF not tbeI
were aoqusinted With it-which May b.
/ ausTerea es' or No. and started righ
quito gfVs their own opinions. Hs. fsirheie
! succeeded finally. hoTeveT. in tsning tten
down and 81 pat oHs-Msiisan heisoB
sw0re thaf Der reputation vas good Vel
son c0Dc-DneG. after ci0ss questioning ths
be dion knor shat her repaiatig1 vas
Tie et8eT SIX we're. Hur7 Res.esti wsls
! played iae eddie g. fhs aauoe o. Aissikl
! hc3se tLs- has been tod aooIt 8zrgiE
/ Ee1rss. isln LOFTS. Ms. o1g3rons SIS
4 son. Eoh1 s. ebt sn1 Peter stanton.
TIE vlor Ea1e eEE vss aske8 sboE
/ ftis asnfs asrf .aisrlr ir reouffai 70 festf
monV % Several - 50 Lsiss goinE iato n.
bslroen tbsi asEat With yo1ug feIiov- 40
sisFioz 81 ksQr or ovef. DE- sid bs rss7 ?.
/ 63els fron1 lsrk Unol I've claok Il IL.
rasrninz fhst FoE,s Brabu.sn ard f3eskear.
1 Lena esrs there - firing fhs rsone 4
( d6ocs in tbsT wsn1e5 - gst "a 81 iaaog
zr1 ID ores1 - rsf it i1te = hear0om or Z.
TIE ~sv fheg hs6 - ssks TIE door O. ~,
airZ@ - Y rs0ssHed orea % sight -
niEat The door - tbs ossssf he3rossr ve
$50 Jre1 g. ne5f. ne eaiarsn uezs :
taers. 50 y t1oasa rsoss ts.e t1sf 1ys-,
Ae eF 14e Der s5ae1 = -
es taeU zithoat her~ & rnrs3 Fs.s.
cFass eTso lstsoa - ev snish tk.p "a -