The Roanoke times. [volume] (Roanoke, Va.) 1890-1895, 1891-01-31

kerB lSntf.
The DaY-IIall adultery case came up
before Squire Howerton yesterday
afternoon. Without tho railing which
cut off narrow space in which the pro-
ceedings took place, there was crowd
of spectators. The officers used every
endeavor to keep back the crowd which
chung to the railing, but found it
tough job. small boy, who had
planted himself in good position with
the expectation of hearing rich evil
dence, was hustled out by an officer.
To the Indictment as charged in the
warrant, the defendants plead not
guilty through their COUNSEL Il. Lacy
Hoge. Mr.. Lockett, counsel for the
Commonwealth and th abandoned wife,
introduced several witnesses who were
duly sworn and testified.
j. ID. Paris, who resides in Salem,
testified that Day and Bette came to
his house about the 22nd of September
last and engaged board and lodging
They represented themselves as man
and wife, and were given II room to
themselves. Shortly afterward it was
reported to him that tho couple were
not married, and he at onco accosted
them with his suspicion. They posi-
lively denied the charge, and stated that
they had been legally married in Ten
nessee, and that they had a certificate
to that effect in Roanoke. Shortly after
ward they left and engaged board at
another house.
j. G. Morey, a grocoryman. testified
that Day came to his store and bought
some cider not long ago. lie came in
few days later and was asked how he
and his wife liked the cider. Day re-
piled that he was not married, hut was
boarding with his brother-in-law.
j. Bowles, Of Salem, testified that no
had known Bette Hall about ten years
and Day about two years. They went
to his house about the lst Of September
and represented themselves as man and
wife and as having been married In
tennessee. They were given IL room
to themselves. The girl staid about
ono week, during which time Day was
there only three nights.
j. W. Dennis stated that he rented
rooms to Days brother-in-law, whose
name is Bryant, and that Bette Hall
came with them, and was afterward
joined by Day. They occupied the
same room, as witness was sure there
was no spare one in the building.
j. M. Adams testified to having sold
Bette Hall goods on the installment
plan. She represented herself TO be the
wife Of Day, and said Day would pay
all bills she made.
The witness called on Day for the
money and was paid portion of it. Day
said he would leave the balance with
his wife, as he was going away. This
happened in October last.
Mrs. Hall, the mother OF Bette, tosti-
fed that Day came to her house several
months ago and took Bette away. They
como back shortly and said they had
been to Tennessee, where they had been
married. Witness believed them, and
allowed them to occupy the same room.
Said that the marriage certificate was
in the Bible, and She had seen it. but
that when they got into trouble first.
the certificate had been torn out and
destroyed.
Officer Petzold, who arrested the
couple on previous occasion, testified
to finding them in compromising stu
alton.
Mr.. Locket produced marriage GER
tificate, dated at Waynesboro. Va, Dec,
II. 1884, in which it was certified that
Day and Fannie Ash, had been duly
married by Rev. w. NJ. Whitescarver.
A letter was also produced by Mr.
tIoohO1cs Wiioocu W Lay W NlrS. olUneY
Bowles, saying that they were in that
city and would soon return and go to
housekeeping.
Another letter was addressed to Mrs.
Bowles, dated at Roanoke, January 5th,
last, giving an account Of their move
ments in this CITY.
Mr.. IIoge objected to the introducing
of this evidence, but it was held as
legal by the court nd was admitted.
After argument by counsel the case
was submitted to the magistrate, who
swas not long in rendering decision.
fixing their punishment at a fine of
$3.50 each.
An appeal was taken y Mr.. Hoge,
and the case will be carried to the lust
ings Court, which meets Monday
Both parties tried to give bail. but
were unsuccessful. Mrs. Hall refused
to go Bettie's bail, and said she feared
the girl would kill her if set at liberty.
When Bette found She had to go to
jail her former brazen countenancc
faded and she wept bitterly. 1t was
decided, however, not to place her in
the city prison, and sho was accordingly
locked up at police headquarters.