Telegram-herald., 1888-03-21

- ~ tAc444s L~A sac GlI &ot cSf st
al fthtDF Wf0ag Aouul H.
Peter Slzntoa said he attended the dance
wlIb hls vile @ad Anew there wss no bed
room work EclaS on i pon cross-e II ANNA
ton &c sAlc he knew because he watched
The young iosEs and IN reply 10 question
a. 10 wbg he watched be s2lo Il sss be
cause be had beeR teld that 4 w4s not ht
pscs tar Els children 70 so to. On redirect
hs Thought the oHly reason assigned ~ss
that tie people Gidp'I osioug 10 the church.
Having exhausted his seven Witnesses,
Ar. Fairfield hesisslsd. Nhen Judge
Montgomery sszed him Il he had snv more
witnesses he replied th4f he had. b0t BE
Was thinking VI h0 nsxt 10 cal.
The Court-heep on thinking until
O'Clock. eherih, adjourn C01ri unul that
hour
Ipon assembling IN the afternoon, after
some delay caused 0y waiting Tor al seseni
jury man. Mr.. Fairfield called.
Mrs. Anna Mlsslk-ohs testified that on
the nie ht OF the dance Ia question the coor
10 her bed room OK from the lerse room
Was taken from It's hinges and Ghs other
bedroom door Was open, TO that the iight
Was shining into the room ali night Know
Geske. who. IL wss said, went into the
bedroom with Lena. aud WAS certain II Was
not 50. When Mr. Payne came % gel Lena
10 work for him, he said he wanted ner De
cause she Was a COED girl 10 work. de said
lac could not paw her any more wages sad
nothing Was said about additional pay
while his vile Was away never saw Lena
extra fat a. MIS-. WirDeiie had described
| sne never was sick and never missed her
courses until she had been at Payne
never knew OF her vomiting KNOW Dr.
| Boyd; followed him up STAIRS al The Tins
| Lena was sick at Nelson's.
| Here tie plaintiffs attorney was checked
| by the opposing counsel aud the Court. and
| ia support OF his course of examination he
said be wanted 20 rebul DR.. Boyd's lesti-
mony BY showing that lac did not measure
/ the fotus al ali.
Witness MAS allowed 10 proceed and sal q
| DR.. Boyd had the foetns in ms hand on a
rag, looked et il and laid Il down again.
| Witness was there I'LL be went away and
/ did not see him measure a., looked al II
| hefself and could see no form - IL put II
| III d chamber. carried down ana Threw II
| down the privy Was very pOsiti on Lena
/ did not split wood al Nelson's Tor II wGs al
| split by the men folks.
| Alter some further testimony intended u
rebut that produced by the defense, Mr..
! Fairfield recalled.
| Lena MissIk-she again fatty denied
| going into the vo0ds or blackberry mars 4
with Pope BRAKEMAN. Her testimony bid
fair 10 be only a reiteTstion Of Ger former
| relation aud was oolecsed 10. She was
| allowed. however, 20 testify as 10 the con
| dition OF the doors Of the ted room a. the
time of the dance. anu also 10 the proceed
| ings of DR.. Boyd wheh be visited her. she
did not see bin measure the iTsus- She
| was alone when delivered OF 1t. looked 8. u,
! and there was no form 10 il. All answers
ss 10 questions in regard 10 what she cis
| covered after the ume she said Payne had
oeen in bed with her were dlsall0wed and
| peremptorily ruled ont by the court. Wit
| ness thought Russells talk about Payne
being ia ber room occurred the morning
| after Payne visited her, ont she told him he
| wasn't. On cross-examination she said IL
might have Deen the week before Payne
was in the room. When Payne was in her
| bed she dion't cry out.
Here the complaint rested and the court
! was informed That the testimony vas all ia
| The Judge thereup0n asst yned tgo hours
on each side for argument. and gave =
recess OF five minutes los the Lawyers 10
| prepare for the struggle.
l.. a Ward opened at 3 O'Clock for
| the prosecution, IN firaight'
| f0~ard resume Of the case rs ore,
sented in Lena Missik's declaration
he laid stress on the point that Lens coslc
have bad no motive IN telling Mrs Nelson
before any one else. and even before the
/ NlliDF lhtlts Just IS ri4c Ah0 tDiI lff tttIh
mere in court, If II was not true. She told
tae same story to the Prosecuting Attorney
aud has not substantially differed in her
| relation 10 any one. There wzs no con-
ceaIment in the motive for bringing this
suit. 1t was 10 obtain damages for .
| ruined life and bligbted fut1re, and $4,000
was none too much.
At 4 O'Clock j. c. Lyle, OF Cedar SprinQs
opened for the defense. delivering first an
ealogy upon Elder Payne. and then review-
.ng the testimony as closely as the time
allowed. he dwelt upon the fact that Il Ns'
clearly shown the miscarriage showed in
ell It's effects a much greater time than seven
weeks 70 have elapsed since she had ia.
dulsed in the connection which caused H.
Experts swear thst IL could not have beer
less than four months. His plea was fail
Of sympathy for the Old man whose reputs-
ton aud honor ana life be wss defending
but he was firm. candid and earnest IN hif
argument, though not brilliant. or even
eloquent These qualities viii probably
come with the pleas Of this morning.
Court opens ~ O'Clock when ". Alden
Smith will follow for the defense and John
4. Fairfield will close tor the plsiBud
The case will therefore 20 10 The jury
about noon today.