Telegram-herald., 1888-03-22
THE JURY SAYS $1,000
THAT ELDER PAYNE MUST PAY.
For the Alleged seduction OF Ls1s Missts-
Brief ssnspses 81 the Sissing Arso-
meats aad the Jadge's Ch@rgs-
The Jury oat Two aud
Hall H0urs.

:. The Circuit Court opened IS early as
o'clock yesterday morning and Was hilsd
quickly. The court room. halls. ante rooms
aud all approaches were crowded with pso-
PIE anxious 10 hear the closing arguments
in the issik-Payns seduction case.
Wm. A. Smith made the hrst speech,
closing the argument for the defense. de
commented admirably upon the useful life
aud high moral character Of Elder Payne
and his Invalid wife and aged mother-the
mother who knew nothing Of this charge.
but who. If she was TO expire today in her
Winter of life of nearly fourscore years aud
ten. would so down 10 the grave with the
integrity of her son; OF the children and
grandchildren who were more observing.
and who saw that there was danger of the
useful life of a good man being wrecked by
the wiles of a woman who was seeking
money for q daughters lost virtue. He
struck a sympathetic chord IN the hearts Of
both jurors aud spectators. He laid pzrtic-
ular stress on the testimony Of the physi-
clans. and said that DR.. BOyd's testimony
that the iwtus measured i've inches aud
over, and that OF his and the other physi-
clans that II Was impossible that this could
have been the result Of connection only
seven weeks previous, settled the case be-
yond question. That iUtus was three or
four months old, and Elder Payne could
not possibly have been the author OF II.
Mr.. Smith occuBied an hour in his elo-
quent address, and then John A Fairfield
closed for the plsintiff in an earnest, Logical
appeal for his client. for whom he asked
sympathy on the ground of poverty. ignor-
anee and simplicity, as against the opulence
and high standing OF toe defendant. lie
presented Mrs. Nelson's and Miss Missik's
testimony against that Of DIR. Boyd's ia re-
gard TO the size of the foetus. and said the
thing grew an inch every time the doctor
was asked about 1t. But his most cogent
argument was that Lena had no motive for
| telling Mrs. Nelson, when she was ia labor
pains, and before she had spoken with a
lawyer or anybody and did not know her
| rights in the case. that Elder Payne was The
| author OF her shame If IL were not true.
| Mr.. Fairfield also occup pied just one hodr,
| and at lilo judge Montgomery proceeded
| To deliver his charge TO the jury.
| He said the case was OF sufficient impor-
1 tsnce to demand most careful cOnsloega-
| ton on the part of the jury. They must
| enter upon the consideration of the case
4
| Law and the evidence OF which they were
the judges. The purpose OF jury was 70
meIe out exact justice. The claim 10 thai
the defendant, by certain arts aud vile;
| seduced and dob&uched. at three seQarat,
| times, the daughter CT the plaintiff, who
! sues as her next friend. The defense IS thai
| at the time the act was alleged the plaintiff
| was not chsste person and that she haC
| had intercourse with other men; that the
| premature child OF which she wa.
| delivered WAS older than the time
which had elapsed since the &C
| alleged would indicate; and tina
tie defendant was physically incompetent
| to nave committed the otiense. Seduction
| is constituted Of arts ana " lies TO bfins
| about the ruin OF a chaste woman. Bl
| chaste the law means that the woman
must have had no previous sexual inter
course with men. The jury should weigl
! all the evidence bearing upon this fact care
| fully. They must not cOnstrae silence OF
| the part OF witnesses TO express guilt, but II
the Jury find that the plaintiff has hae
previous intercourse with anyone. they
must find no cause of action. If they fino
| that the foetus of which sne was delivered
| was older than the time which
had elapsed since the act alleged
they must find no cause of action
and must weigh carefully the testimony o
| the experts and compare III with The Time .
the alleged connection with Payne. Jb
preponderance of testimony in these case
| must decide whether there is or is not csus
of action. If the jury find cause, then th'
measure of damages must be sdch as they
honestly believe TO be adequate for th'
| physical pain and the shame and morti
ficstion of the plaintiff, and for Injury tC
her reputation and future prospects.
At lI:40 the jury were placed IN charge oi
an officer. and al 30 they returned with
| verdict for the plaintiff aud fixed ihs
damages at $1,000.
THIS verdict was unexpected by major
ity Of the spectators and by nearly al
citizens who are acquainted with the
parties to the suIt, aud The probability j
that the case will be appealed to higher
| tribunal.