The Portland daily press., 1894-10-20
Mr.. BURDANK's STORY.
His Efforts to Keep Mrs. Hutchins in
the Right Way.
THE EyIDENCE'ON BOTH SIDES rs
CLOSED.

Judge symonds Will Open the Arguments
at 10 O'Clock This Observation-Disclosures
in the Court Room Yesterday.
A large audience were in attendance
at the Supreme Court room yesterday
morning, to hear what the defendant
would have to say in the case of Davis
vs. Burbank Mr.. Ezekiel W. Burbank is
q man quite we'll known in Maine, espec-
tally among the farming people. He is a
cousin of the man who originated the
Burbank Seeding" potato. and is him
self the originator of Burbank's Early
Maine Corn" and the "Early Oxford"
potato. He is a spare man of rather
more than medium height, hair and
bright eye, and the appearance and bear
ing of successful fame or store-keeper.
His attorney, Seth W. Fife, ESQ.,, of
Fryeburg, opened the case by describing
more fully Mr.. Burbank's life, saying
that the defendant is an old resident OF
way after the war. When he first be-
came resident of the town he purchased
a small farm, taking bond for deed.
By hard labor and economy he succeeded
in paying for the farm. A few years ago
he began raising field and garden seeds
for Kendall & Whitney. Then he con-
ceived the idea of putting up his own,
see ds in boxes, putting them into stores
for sales or commission. This business
gradually increased until he had out i've
or six hundred boxes. Last November
he decided to take in partner and ex-
tend the business. Then the E W. Bur-
bank Seed Co. was formed.
Last July Mrs. Kate G. Hutchins came
to Mr.. Burbank's house. While there she
attended the Chautauqua assembly,
which was held across the river. and
was reached by a, ferry run by Mr.. Bur-
bank or his son. Often Mr.. Burbank or
his son ferried Mrs. HutcLins across.
This was the extent of the attentions"
already referred to in the testimony. On
one other occasion Mr.. Burbank took
his team and carried Mrs. Hutchins to
the house of relative where he left her.
At the time of Mrs. Hutchins's visit
to his house Mr.. Burbank was thinking
of establishing his seed business in
store in Fryeburg village. Having this
in view he offered Mrs. Hutchins place.
When he took partner he intended for
that partner to take charge of the help
in the seed store, while he himself
should continue travelling on the road.
Mrs. Burbank's daughter has charge of
the work of putting up the seeds in the
store. 1t is work that requires care
and experience, as the packages vary in
size according to the kinds of seeds.
Therefore it would be impossible that
position as forewoman could have been
offered TO Mrs. Hutchins, as she claimed,
for she would have been without expert
ence. Mr.. Fife then denied forcibly that
MIR. Burbank had ever written letters TO
Mrs. II utcbins while she was at Bridg-
ton, or that be had asked her to go to
Portland with aim on Decoration Day.
He was with his Grand Army Post on
that day decorating graves at West Frye
burg. But on the 31st of May he did
take the train for Portland, falling in
with Mrs. Hutchins at Hiram. When he
WcIlt INTO bHo cdf NC bOOk buc SeaG al
ready occupied by him. which happened
to be behind that taken by Mrs. HUTCH
ms and her companion. The Chautau-
qua programmes were just out and Mr..
Burbank had two. He handed one to
Airs. Hutchins, but there was not in it
any such note as the one which she al
legged fell out of 1t; i.e., the one asking
her to go with him to the st. Julian.
Mrs. Nickerson, who was in the same
seat with Mrs. Hutchins, did not notice
any of the strange things alleged to have
taken place, and would so testify on the
stand. The defendant did not act vio-
lently to Mrs. H utchins. although he did
say to her, Il am afraid you have come
here to meet some one.n
Size denied this.
Hutchins and Mrs. Nickerson,. assisted
by the conductor. AS they stepped out
man stepped up to Mrs. Ii utchins, took
her carpet bag, and she took his arm,
and they walked off. They went through
the train shed out on to Congress street.
Mr.. Burbank saw them go to the West
End hotel, and following them found
Mrs. Hutchins in the parlor, saying to
her: :" For Gods sake, Kate, what are
you doing?"
He then took chair, she remarking:
What are you up here for?n Nothing
farther was done until Davis reappeared
and took Mrs. Hutchins away. Mr.. Bur-
bank followed them, saw Davis take
MRS. Hutchins to the Room 63, unlock it,
show her in and after following her in,
lock the door behind them. Mr.. Bur.
bank tried the door and found it locked,
After noticing the number he went to
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