The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1888-11-22
WIDOW AND BANKER.
The Hibbard : Fry Breach Of
Promise Case.
MRS. HIBBHRD ON THE STAND
Again and Grows Dramatically In
dIsnant Under Cross Exam
inntion = The Defendant
Now on the Stand.

ination - The Defendant
Now OH the Stand.
PIrrsBuRan, Nov. 2l.-At this morn
ing's session of the Hibbard-Fry breach
OF promise case, at Beaver, Pa, a large
number OF witnesses were examined,
who corroborated the testimony OF pre-
yious witnesses as TO Mr.. Fry's visits to
the home of the plaintiff and their trips
on the train to this city. The gist Of
the evidence was that the defendant did
not pay any more attention to the
plaintiff than any gentleman should
show lady. W. S. shallenberger, cash,
ier Of the First National Bank, Of
Rochester, Pa, was called by the prose-
cution to show how much Mr.. Fry was
worth. Mr.. Shallenberger said he did
not know the value of the defendants
assets. His stock in the bank was worth
$4,000 and his residence more than Sl0,-
900; he held stock in the tumbler COM
pany, which was very select stock, also
In the Bridgewater Gas Company, and
had an interest in u hotel at ChatauQua.
The witness could not say that he was
worth 100000.
In the afternoon John Hubbard, son
OF the plaintiff, was recalled. The wit
ness said that Mr.. Fry had called upon
him in regard to the suit.
Mr.. Fry sad: "0f course ! have been
calling on your mother and have talked
OF love-" He had called out OF pity and
out OF kindness to my mother. He
said he had had quarrel and my moth
er threatened to make it hot for him.
He said he did not want the trouble be-
cause OF his children and my mothers.
said would do all / could TO prevent
any trouble, and would try to get the
thing stopped. He said he had been ut
the house only four times. had an
other conversation with Mr.. Fry, when
he said:
~ thought you were man enough to
get this thing stopped" He also said
that he had suspected something ut the
Hotel Anderson and had private de-
tective, who took down all the conver-
sation. He also said he would sue Mrs.
Hibbard for perjury and land her in the
penitentiary. Upon further examination
tbe witness said that Mr.. Fry had offered
to get him another and better position ii
he would have the proceedings stopped.
Mary Murphy, q servant, formerly in
the employ OF Mrs. Hibbard, testified
that one night, while the plaintiff and
Mr.. Fry were in the parlor, she had
looked through the keyhole, but had
seen nothing improper
Mrs. Hibbard was again recalled for
cross.examination. In reply to the CUES
ton, did you say to Miss Zelia Moore
in 1884 III set my cap for Mr.. Fry, and
get him, too2"
Shesaid, Indignantly, NO, sir; never
said any such thing"
"Did you not say to Mrs. Jacob Kim
mel: There is no use working so hard
with your hands when Just as much
money can be made with the head. My
plan is to find some rich old widower
and draw him on until he does some
thing criminating or else proposes mar
riagc, then get rid OF him and turn
around and sue him for breach OF
promise. wouldn't want the man,
only his money, and would get it,
too?"
During the reading OF this language
by Mr.. Buchanan, the witness straight
ened herself up in the witness chair,
gripping the arms lightly with both
hands. Her compressed lips, pale face
and angry eyes indicated her feelings.
81 never said anything OF the kind"
she answered, with dramatic emphasis,
leaning forward toward the jury. ~
am not afraid to have anything have
ever said read to the public"
"That will do" said Mr.. Buchanan
coldly. "No theatricals here, please"
The prosecution here rested their case
and the defense opened. Miss Moore
aud Mrs. Kimmel were called and they
repeated the above statements, which
they said had been made to them by the
plaintiff.
2:I5 o'clock Mr.. Fry, the defend
ant, took the stand and remained in the
witness box the rest OF the afternoon.
| He denied with great vigor nil the asser-
tions OF love.making made by the plain
till. He said he had never talked OF the
coldness OF Mrs. Hibbard's love for him;
never called her any terms OF endear-
mcnt; never asked her what she thought
OF him; never said a wealthy lady
had proposed to him; never helped her
home on slippery night, or consulted
her about portierres. He spoke seri-
ously about the alleged communion
courtship and said he never thought Of
her at such n time. He detailed the
trip to Pittsburgh and asserted that she
had invited herself to go with him.
They attended the opera at her request
and took the midnight train home.
During his deniaIs OF Mrs. Hibbard's
statements the court was kept in con-
stantly recurring peals Of laughter. Mr..
Buchanan, for the defense, read from
his notes Mrs. Hibbard's testimony and
at the end Of each expression asked Mr..
Fry II the statements were true. He
invariably pronounced them false. ..