The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1888-01-06

the defendant, was the tlrst witness cali
ed 10 the stand. While he occupied the |
witness seat he was source of amuse-
ment TO everyone In the courtroom.
He caused no end Of laughter by his de-
sire TO talk and his queer bearing and
appearance extreme innocence. He
opened his testimony by informing the
Court that "old Pope was right when he
said that an honest man Was the noblest
work of God" and that he WAS honest
and truthful whatever else he might be.
He admitted that marriage ceremony
had been performed between himself
and liza Smith 10 is48 and that they had
lived together of and on" for number
Of years and that he had never been d.
yorced from her and that she was not
dead at the time he married the defend
ant. He claimed, however, that the
Justice of the Peace who married them
was not legal justice but had married
him at the same time with several other
couples, declaring that be would marry
them and pay his fine, The witness
said that the ceremony was done chap
hazard-like under the Southern Demo-
cratic principles that then prevailed. y
In reply to a question he said that he
was Republican. Judge Severance put
the house into roar by asking him
him whether he meant by his testimony
that on this occasion he had adopted
Democratic principles. The witnes.
said that he had never considered hi
first marriage legal. though circumstances
had forced him to go through the cere
mony. His first wife, the Smith woman
had six children while he lived will
her, though he he was not certain tina
they were all his children. He haG
heard that she had died fifteen year
ago, though he had not seen her fo
thirty years. She proved untrue to hin
and be left her. A man had offered Z,
buy her OF him. He claimed to hay,
legally married the defendant. In leav
ing the stand the witness thanked tn,
judge, jury, attorneys and the audience
for their kind attention.
Mr.. Shaler, of Medo, testified tina
Simmonds was living with the SmItl
woman in Wisconsin in 1859 and tina
the general repute was that they wer
married. He had gone to school wit
the defendant.
Hester Ann Henderson was the onl
other witness called. She looked square
ly at the attorney who questioned he
and told an apparently straightforward
story of how Simmonds had enticed he
to live with him on his promise to secur
divorce from liza Smith, which he new
er fulfilled. They had thirteen children
six of whom we're dead. She claimed {
be but forty-three years old, though sh
looked twenty years older than thai
Hers was tale of suffering and priva
ton that lasted throughout the twenty
seven years that she lived with Sin
monds.
simmonds glared furiously at he
during her testimony.
This concluded the testimony and, a
the attorneys agreed not to argue th
case, the Judge Immediately proceede
to charge the jury. Itpracticallv amount
ed to an instruction to find the defend
ant not guilty, which verdict was 500
brought in. However, the jury was nc
very unanimous at first, five ballots be
ing required before an agreement WIS
arrived at. The first ballot stood seve
to five for acquittal IT,
In discharging the defendant, tn
Judge took occasion to admonish her ths
she had lived wicked life and had lie
others into wickedness. He strongl
urged that it was her duty to her chi
dren, who were all bastards, to MARI
Simmonds at once, whether she wante
to or not, in order that the stigma {
shame might be taken off of them. Th
Judge warned her that he would tax
occasion to ascertain whether she fol
lowed his advice, in case, of course, tha
the Smith woman was dead.
Morgan, the would-be husband of thi
| WOIIldu1 iOOkOu EXTREMELY QlSCOlSOlaU
and crest-fallen at this advice. His mar
riage to his mother-in-law has resulte,
disastrously only to himself, for whom
the gates of s tillwater yawn.
AS Miss Henderson, as her attorney
called her, left the court room she al
fectionatelv kissed Morgan and told hin
to be good boy and she would wait TO
him while he served his sentence a
the penitentiarv. She then went OF
with the rest of the family, and wher
last seen Simmonds was drinking toas
to the woman and urging all of his fami
~ to forget the past. They will proba
bly, resume their conjugal relations with
out following Judge Severance's advice
The Judge thanked the members of the
jury for their promptness and close at
tention to their duties throughout the
term. He said that during no term Of
court had he felt so much under obhga.
tons to the jurymen. He then dischar.
ged them for the term.