Telegram-herald., 1888-03-18
THE PAYNE DEFENSE.
Nearly score Of Witnesses on the stand
Tsstsra4y- They An say HAT
Lena Has . had
Reputation.

The Circait Court room was crowded 10
is utmost capacity yesterday morning 70
hear tbs trial Of Supervisor jeremiah Payne.
charged with ssiaesion. Assistant Pro-
scouting Attorney L. T. Carroll Was the
hrst witness sworn. He testified that be
wsat 10 SOloE township to investigate this
case in behalf Of the people and that Lena
Missit, the complaining witness. made
statement 70 him, which he had with him
then Hs vas requested TO testify in regard
to the statement and after looking over the
document. be said that the girl told him
Elder Payne had wronged her; when he
came into her room Oh the night nc ques-
tiOn she tried To resist bis intrusions
a. best she could. but did not
cry out; that she said Mr..
PAYNE ave her the ring for a birthday
present; after wronging her in the parlor
| the following week he gsve her pair OF
shoes as presen, and the girl stated that
there were 40 previous arrangements Win
Mr.. Payne in regard 20 the presents.
The witness questioned By Mr.. Smith
testihed thai be vent 10 the house Of Mr..
Nelson and Investigated 10 thoroughly,
making diagram OF the rooms upstairs.
| he stated thai at the upper stair landing
-
diately at the left is another small bed
| room. Here Mr. Carroll explained the sit
ustion OF he rooms from tue diagram ana
| contInued-fhe door IN the north bedroom
would not close, II was warped out or
shape and was an inch too large Tor the
casing ons way; l examined the bed IN the
south room; IL was an old fashioned Stat
Oed, rcke.y and creaky: l put my weight
| upon il and it stood the test.
~. n Faa
| cal ed and he testified that ne had lived tor
about year and halt within half mile
OF Lena Missik's.
Mr.. Lyls-What was Lena Missik's gen.
eral reputation as regards her chastity In
| July, 1857, and for six months prior to that
| time?
This was objected to by Mr.. Mr.. Fairfield
ami the Court sustained the objection.
Mr. Stevens-Does your honor hold that
such testimony IS inadmssable after the
| Supreme Court of Michigan mas directly
| held IN three cases that il isy
| judge Montgomery said that If the Su-
1 preme Court SD held ne would stand oy 1t.
SIR. Stevens produced his authorities. and
| after some discussion Mr.. Fairfield with
drew bis objection.
| Witness-Lena Nissik's reputation for
chastity was bad at this time; Anna Mis-
silks reputation for truth and veracity Is
! bad in that ne.gnb0rhcod.
| Crosse xamined the witness said: IL was
| in September. 1856. that | first heard Lena
MissiSs reputation for chastity was bad;
| in Oct00er following | went with my sister
! end Lena MissiS 10 . mestinS AT a school
| house; Elder Payne paid me 81 when the
| subpoena vas served on me. Frederick
| Werneit OF MecOsta was the first who
! told ME anything against Lena's reputa-
| ton. Poke Bran:uan also told me certain
1 -.
1 Butler say Anna Missik would lie; heard
others say the same thing; heard Wernett
| lecture young Brahman tor taxing Lena
| Missik In the bushes.
Frederick Wernett was next sworn and
testified that IN July. 1856. Poke Brshman
and Lena aiss.k came TO nis house and got
| boat TO take ride on the lake. de
| watched them and after a short time they
| went ashore. de then described the situa-
ton 10 the jury, from diagram drawn by
| him. Continuing he said: When Brahman
and the girl were upon the shore l went
| down 10 the edge of the lake and could see
them; they were lying together upon the
ground in an improper position. Ia berry
| time in loS6, | met Lena Missik several
times together in berry patches and have
seen them together at other times upon the
| lake: have seen them going across my pine
| sasaing at dusk Lenas reputation for
| chastity in the neighDorhOod was bad; her
| mother reputs90n for truth ana veraCity :
$ Dad: heari POKE Brahman say he had
had improper relations with Lena Missik.
short recess was then taken after
which Mr.. Payne was recalled to the stand
and IN answer TO questions by Mr.. Smith
said: paid Lena her regular wages. $l.50 z
week. during the two weeks my vile was
away, and gave her the ring, costing $40
and the Shoes, costing $50 as extra com
penszsion, because | considered il was hel
due. The bed Lens ccuDied was a rlckety
concern; We put it in the girls room because
they are generally light-weights. it is 81,
feet long and narrower than common beds
We never put common guests or TWO per
! sous into the bed 1t would not bear two
| persons: ii might now as my wife hs:
| strengthened il some with stats: possibly
told tns girl | would help her pound tn.
clothes on Monday morning, when my wife
was away. On the second Friday that ms
wife was away / went from home Just afte
dinner. went fishing and returned HON,
| about l. o'clock al night; / never went iutc
the p&ylor 20 tsSe any improper libertie:
wish Lena N ssik, OF any kind whatever
| Miss ii issx staid AZ our house only a fer
days after my wifss return, we discharged
| her and l took her part wsy home th,
night sns left, for past three years / hav.
been under the doctor = care constantly to-
| parflai para ysls OF tue lower limos ana N
the small Of my back tn my positive
knoElsdxe. I have been physically incOm
petent for the psss ten ~ 3ntos my desire
snd my members began 20 fail me Two year
ago since sFhea have been mostly inooln
petent 10 perform manual labor.
Cross examined by Mr.. FAirisid-I hsv'
been = farmer. 70 q certain extent ali ml
life: nave been minister fl- tbirty-thrs
years. was ordained a. - and am 9 minis
ter ia ths United Brstareu church, be.on.
20 the Northern Michigan Conferences so,
am IN good standing today. first becsm
scquainged with Lena Aissik ia Aorii lss7
when [ vent for her - work for Bs. sa
/ stsid with "a seven geexs. wsat hone r.
. tra weeks I vent after her again. whes
shs stsi8 one week, wsat after her again
ant ses before sns returned. took ~
. home witn nv horse and buggy. / i8o0'
I Know taat / told her mother Mrs.. Pam
, Nay gong sway f3r tuo week told be
mother Il Ms. Payne vas sex or wen
away I ~ss - MAKE the girls c0mDsnss
/ fiaa - sfScrory. I talked tais ma er ove
v.rh I.sna lse morning afssr mg VIE ief
7 "a sed scout gestinz der a dress when al
/ a 4 nesda a. Ail.. mg hired maH. VA
? going . xsf nsr dress sas tod ne
might esf ser ri0g sn8 z1s enc for be-
/ lhen bouzhf fae saoss she wors ne shoe
aad Finx sfssr nv We rst0ra. sn /
q 80, >.a.sr - rar,--r ~ rs-z4 r-s