Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1889-05-17
THE TENTH DAY.
ICOntinued from Fourth Page. /


one occasion, when che returnsd from
prayer meeting, che found Mise Stephens
I IN her night clothes In DR. Pipes room
Al remember something being sale
about it; don't remember the exact
words
Odd she ever say she found Mis-
Stephens IN Dr. Pipes room At all? A
think she said she found Miss Stephens
in his room
Odd she say she found Miss Stephens
in his room 10 her night clothes? A i
think abe did
Odd she state she WAS in her night
clothes? Any recollection is she stated
she had nothing on except little short
skirt This story, az / have said, is not
clearly in my mind; it is not in a shspe
Thought it suitable to tell.
A.-YOu thought it suitable to tell the
people OF the Eighth ward, didn't you? A.
Il don't remember.
Q-You told your counsel you didn't
remember il? A.-Until l read it in the
declaration.
Q.-You read it in the declaration?
Aye.
Q.-Now, didn't you say those facts in
the declaration were true, and that you
expected to prove them? A-Those facts
were parts OF those scenes.
2 Didn't you say those facts, in the
plea, were true. and that you expected TO
prove them? Tori action Haven't you
read this plee, aud isu't IL the same as the
declaration? A-Not that / recollect Of.
read the declaration two years ago, aod
have referred 10 it since, but il is not in
my mind.
Q.-Didn't you say it was true, and you
could prove it? Al don't remember.
Q-Is it true, and can you prove itf
A.-The facts narrated there are parts OF
several things, jumbled up together. l
remember Mrs. Pipes stating to me about
the angel. That part is true, and is proven
already
Q.-Is it true that Mrs. Pipes came
home from prayer meeting. and
found Miss Stephens in her night clothes,
IN DR.. Pipes room, and can you prove TT
Al can't say.
Q-Resd the plea, and state if it is true
A. After reading "A part of what is in
il is undoubtedly true, was spoken, and
is already proven; part of it is uncertain,
snd I can't vOuch for it; l don't know
whether can prove it, or that CAM
prove it.
Q-When You said here, is this plea,
that the said words are true. and the mex :
that YOU could prove here that Mrs. Pip-s,
the wife Of Dr.. Pipes, had gone to prayer
meeting and returned home, and found
Miss Stephens in her room, in her night
clothes. did you believe this to be true
then or not. Now is that true? A.-Thai
plea, Captain, was got mp by my attorney S,
snd not by me.
O.-Are you here before this jury to say
that plea was put in without authority
A.-NO. can't say.
Do YOU mean to say that they had
not authority to plead Justification? Al
can't say what was in their minds.
Odd you at that time, or any other
time. tell your attorneys that the Language
charged in the declaration wss true?-l Oh
lection. that what passed between client
and bis counsel could not he inquired
intol
O.-I4 this plea true or untrue? A
Which question DO you want me TO an
swer:
O.-The last? Al have already an
sSered that part OF it recognize?
Q.-Is the plea true? A-Ill have 10
answer that yes OF no. Yes, part OF 1t Is
true-there is more in the plea than can
be answered by yes or no
O.-Do You meen to say that what was
put in this plea is true or untrueY %
lection
O-You told your attorneys how you
never apoke those words about Miss Ste
pheus and the night clothes? Argument.
Al don't remember speaking any such
words.
O-Didn't Won put them in the plea
and saw they we're true? OH ciion.
Adjourned until two p. N.
AFTERNOON SESSION.
The session opened with private con-
ference between His Honor and counsel,
during which Judge Campbell announced
the death of = near relative, and an agree
ment was made that when Court adjourned
for the day it should be until Saturday
morning.
The proceedings were then resumed, and
Mr.. Alfred Caldwell addressed the Court
upon the question Of belief, heretofore
raised. citing a number Of cases. Mr..
Caldwell spoke three-q uarters Of an hour
and was followed by Mr.. George b. Csld
we'll. The point will be settled later.
DIR. M'cOY RECALLED.
O.-Didn't you say, in that plea, that
Won spoke the words and that they were
true ? rObiectiOn; witness reed plea Il
iury:]
and for further plea in this case &c
the ninth count of the declaration of the
plaiutif. J. II. Pipes, says that when the
aid defendant. ]. W. Mccoy, spoke snC
nublisbed of and concerning the plalntiff,
the words charged in the ninth count, t
have been spoken by him, as follows
Mrs. Pipes'-meaning the plaintiffs wife
went to prayer meeting, and after sne re
turned home, found Miss Stephens IN Df
Pipes. meaning the said plalntlft-r room
in her night clothes, and Mrs. Pipes =
meaning the said plaintiffs wife-'sa
that if an angel had come down and tolc
her this she would not have believed IT,
the sajd words were true and the facts
which he expects to prove show that they
were true ss are hereafter contained.
O.-Weli. tell us what you expect &c
prove? A This is not my expectation
at all.
Captain Dovener-GO on and read the
plea.
Witness proceeded:
THAT heretofore before the said words
were spoken, or published by defendant,
to.wit. on the - doy of --, 1857. IN
the CITY of Wheeling. in the State OF West
Virginia, Mrs. Pipes, plaintiff g wife, bad
zone TO prayer meeting from his residence,
which was her home, and after she returned
home found Miss Stephens in plaintln e
room in her night clothes, and said Mrs
Pines had said, before the above words
alleged 10 he true were spoken by deten-
dant to defendant ard others, If an angel
had come down and told her this she
would not have believed it.
That is the plea. ,o
O-Now, what part OF that Ism true'
A.-What isn't true?
q Yes. what part OF it isn't yours:
AEWelI l would Just say here that the
mart about the angel is true, and we have
proved 1t. ~ No.
IL