Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1889-05-15

hole while Dr. Pipes was there! A'-Ne'er
in my liie. :,
Q.-were you present when any such
thing was done by anybody else? A'-No.
Q-At 20 time? A.-NO, never.
CROSS EXAMINATION.
Odd the Doctor call there? A.-Yes,
a few times, when she was sick.
Q-Wss there anything IN the way Of
a social call by him? A-No.
O-Was there ever anything in the
conduct of DR. Pipes, when be visited
YOU on this occasion, for any one to look
through keyhole? A.-No, nothing OF
the kind.
DR M'COY RECALLED.
Obj Mr.. Caldwell Will you stats
what, If anything. Prof Crago told you
with reference to DR.. Pipes and Miss Ella
Stephens having been guilty Of improper
c. nduct? Ale said, after he told me
of the improper intimacy between Dr.
Pipes and Miss Greenlee, that the same
thing could be said of DR.. Pipes and Miss
Ella Stephens. That Mrs. Pipes had seen
between DR.. Pipes and Mis-
stephens on numerous occasions. That
there was an enmity between Miss Ste
pens and Mrs. Pipes, and that Mrs Pipes
had tried to expel her from her house. l
don't remember Objection by Captain
DOvener; Overrultd.
The Court-Now | want to ask one
thing myself; where improper intimacy
and 'impropriety" has been used by the
witnesses, want to say that improper
intimacy may mean one thing, or some
thing much graver.
Mr.. Caldwell thought the construction
TO be placed on the words was for the
Jury. 1t was q matter of judgment.
The Court-Maybe your Judgment Is cor
rect, Mr.. Caldwell, but it might be well
to ascertain the effect of the statement
upon the mind Of the witness.
Witness resumiDg i don't remember
whether he said her enmity was occssioned
by the intimacy or improper relations be-
tween Miss Stephens and the Doctor, OF
not.
Q-What was your understanding Of
what WAS meant by Prof. Crago's state
ment about Improper intimacy" or I'm.
proper relationsP" Objection. The Court
objected to what impression was left on
the witness mind.
O.-What language was 1t Prof. Crago
used with regard to Miss Stephens? A
He didn't make any definite charge; 1t was
lust a general charge. My recollection If
that he used the words improper intima-
cy." He spoke of it two or three times.
Q.-Confne yourself to the time you
were at the school house? A.-The time
which has elapsed has been so long that
can hardly say what was told at one time
and what at another. My recollection Is
that he made the charge against Mis-:
Stephens and Miss Greenlee in general
way. At the first conversation he said II
they were going to be allowed to teach, De
didn't want to remain; he thought there
ought to be an investigation, and the ladies
turned out of the school.
ALONG ARGUMENT.
O-Wbat did you say at the second
cOnversatl0nF
Objected to by Mr.. Russell. He moved
that what had been said at the first con-
yersation be excluded, on two grounds:
first. that nothing taking place between
Prot. Crago and DIR. Mccoy was admissi-
BILE. and second, it was not conversation
at which the defendant was told OF the
things of which he is charged. This OBJ
lection was responded to by Mr.. George
r Caldwell. who said that the whole
scone of the matter went TO show that there
had been adulterous conduct. Prof.. Orago
had said the conduct of the parties had been
such that he did not want to remain In
the school; it required no argument TO
copstrue that. That sort Of conduct was
natural to people guilty Of adultery, aud
all conduct going to show adulterous rela-
tions would be proper. All the witness
knows of the conduct of man and woman,
of an improper kind, goes to convict MIN
of the truth of adultery on particular oc-
casiop. This was evidence tending to
show what his belief was, and was within
the scope of the charge. twas sufficient
for the defense to prove that conduct sub
stantially, and anything tending to that
ought to come into the case.
The argument WAS carried on TO ccnsid-
cradle length by Mr.. Caldwell, the Court
making frequent queries and comparisons.
Mr.. Caldwell, 10 closing, ssid IT was pro-
verbal ia chandler ooeoo that the evidence
took very wide range. Enter an action
of that kind and a man would be reviewed
from the day he was born TO the day Of
the trial, and from the top of his head TO
the soles of his feet. He had TO he-Tell,
a very nice man-better than most OF us
Door human beinga, if he didn't catch 1t
sometime. He deprecated any effort to
the evidence, as it had never
been circumscribed 5efors in similar case.
If DR.. Mccoy had not originated this mat
ter. il certainly could not be said ne had
started the reports through malice. If he
had been assured a thing was so, and then
repeated it, the fact tended to mitigate the
charge of malice.
The Court again called attention to the
fact that Prof. CrsgO had stated no def
mite facts. He had only said their con-
duct had been such that they ought not
to be allowed to teach, and that there
ought to he an investigation. He did
not think Prot. Crago's belief ought to
90 in. -,
Mr.. Alfred Caldwell said the defense did
not want Prof. Crago's belief, but the
substantial charges he had reported to DIR.
Mccoy. The language was, possibly, not
az pointed rs it might have been, but
when you consider the words improper
relations and improper intimacy"
coming from man Of Prof. Crago's stand
ing and position, coupled with the fact
that the Prof did not desire TO have fur
Their associations with them, especially war
rauted the strongest Interpretation, and
tended that DR.. Mccoy was justified in
Prof. Crago's words to mean
adultery and fcrnication. Otherwise,
Prof Crsgo would not express desires IN
certain contingencies, to give up his
means of earning his livelihood.
Mr.. Russell responded to these argu-
ments, saying he understood the subject
was the same discussed Friday afternoon
and all day Saturday. He did not desire
to discuss it further.
Mr.. Alfred Caldwell differed with Mr.
Russell as to its being the same questions.
The Court over.uled the motion TO strike
out
Doctor, state what conduct, if any,
in the first interviews, Prof. Orago stated
to have occurred between DR.. Pipes and
Miss Stephens or DR.. Pipes and Hiss
GreeuleeP Objection by Captain DOvener.
The Captain was proceeding to state his
objection, when Mr.. Geo. B. Caldwell in
terrupted him.
Captain Dovener-Keep still. With
all thy faults, love thee still-the stiller,
the better.
Mr.. CALDWELL didn't expect to be pro-
poeed to right in the court room.
The question was allowed by the Court
Al don't think the Professor gave de-
tail of any conduct in our first interview.
O-How long did that interview last?