Middlebury register. (Middlebury, Vt.) 1886-1937, 1888-11-09

Mr.. Rising fixed dates by his fathers |
death and other events in such clear and
careful manner that was convinced at
the time that he was right. But, If Le-
lands statement is true, the mare would
have first appeared in Rufus Rising's
hands in the summer of 1885, as j. B. Ris-
ing stated. cannot help regretting that
Mr.. j. B. Rising, WHO'S thoroughly can
did and honest gentleman, should have
had the clear stream of his memory
fouled by this donkey's stepping his foot
in It, 1t is not the ordinary case of va
ration of statement by witness who is
put on his guard by hostile cross-exam-
nation. 1t is the case of couple of shys-
tiers putting their heads together, one to 60
in the guise of friend and as though he
had superior knowledge, and tell the wit
ness mess of lies about the matter, while
the other casually drops question call
ing as we'll for the witness information
and belief as for his actual knowledge of
the matter. Shystcr No. has no appa-
rent connection with the case, but seems
to want the information. Now the witness
gives him, very naturally, what he thinks
Is his best information on the subject,
namely, that which he got from Shyster
No. l, who seemed to be better informed
than he. Shyster No. 2 seizes this an
swer and parades it before the Jury
(the readers of the Mirror as the origin
al and only testimony of the witness on
the subject. l will not comment on the
practice, but 1 do say that the entrapping
of witness in this inconceivably dirty
way does not destroy his former testimo-
ny. His unbiased recollection is enti-
tied to the same weight as before.
If any further evidence were needed to
show the mare in Warner Cooks hands
during the year 1910, this statement of
Mrs. Cook, that they had her at the lower
place at least a year before they moved
up to the Warner Cook place, supported
as it is by Hoyt johnson, would settle it
For October, 1910, is immovably fixed a:
the time when they went to the Warner
Cook place. This alone settles the ques
ton, for w. H. Balloon cannot be mis-
taken in the year he gave his mare away
His oft-iterated statement is that h,
started West July -. 1913; in June, a
month before he started, he sold his gray
mares last colt, then two years old past
that when this colt, foaled in the spring
of 1871. was six months old, he gave tn,
old mare to Wallace. And so it is con
clusively shown that the dam of Ethan
was in the hands of Warner Cook for on,
or two years before w. H. Balcom parted
with his mare.
These considerations practically la,
out of the case the question whether tn,
dam of Ethan was hipped. If it wer
shown that she was, it would prove sim
bought of Geo. johnson gray mare
then sound that afterwards got hipped
and that at the same time W. H. Balloon
owned another gray mare that wa
hipped. 1t would not make the two mare
one. But it is clear that the dam of Ethan
was not hipped, but some people got tn
impression that she was, in the way ex
planned by Mr.. Wicker. Such testimony
as that of Mr.. Wicker and Mr.. Pinchi
cannot be explained away. No witnes
of their opportunities and capacity say
she was hipped. On the contrary, asid
from the above gentlemen, AFRO NJ. Bal
ley, w. A. G.. Arthur, Ira Potter an,
Hoyt johnson all state positively tina
: she was not hipped. Their testimon,
ought to settle it.
AS to the date when she came into Ru
: fus Rising's hands; there can be no doub
that it was in the summer of 1885. Tina
was j. B. Rising's clear recollection be
fore any fraud had been practiced to ge
him to change his testimony. Hoy
, johnson, who saw her and asked Risin
where he got her, (and was told in repl
that she came from over the Gree
mountains) thinks it was about thre
; years before johnson sold her to Cook i
the fall of 1888. The fact that Risin
bred colt from her, shows that he ha
her at least a year; and there is no
now a particle of evidence in the cas-
, that tends to contradict Leland's positiv
, statement that he traded her to Rising i
the summer of 1885.
! ! The other points that corroborate Ii
lands statement were fully considered i
: my former article. That statement is a
, strongly supported at all points as hr
man testimony, in the nature of the cast
/ can make it. W. II. BLISS.
4, AN OMISSION SUPPLIED.
t. BY mistake part of the article take