The record-union., 1894-03-28

IEuiIt was quite 1dmIllar.
Mrs. IrulJt, at no time, states that she re-
Trained from informing Doctor lay OF the
cause or the injury TO her jaw, by reason OF
any request OF plalntiff TO conceal 1t; or from
any fear of him: though she did assign as a
reason for not makingan outcry that IL would
nave lnterierred with her then arranged trip 10
san Francisco. Her statements III this regard
are not always consistent. " hen urged 10
state why she did not make an outcry her
answer was, "Well, say tnat l had made all
arrangements that day 10 go 10 the city in the
morning, and If had made an Outcry. why,
then everything would have been disturbed.
/ could not have gone" "Question-Wa that
the reason you diu not? Answer-That is the
only reason can give why l did not make an
outcry." 1t VIII be seen further on that she
made no exposure until five days after her re-
turn from San Francisco, and until after other
events more or less tending to 1nfiame her
against plaintiff, occurred between them.
According 10 the arrangements before men
toned Barry called her up between and D
O'Clock the next morning, when she took the
early train and went TO san Francisco. The
plaintiff declares tnis whole story fabrica-
tiOn, and says he saw no more OF her that
night after the doctor left, though he heard
her leave the house in the morning by the
front door, when he arose and locked the
door Immediately alter she left.
Mrs. Truitt returned from San Francisco
late on Saturday evening, the 18th, bringing
her infant child OF about one year OLD, which
she gave III charge TO Mrs. Clayton, the Super
intendent of the Infants Shelter. She re-
manned with Mrs. Clayton that night, and on
the following morning Sunday about 8
O'Clock went 10 plaintiffs residence, and,
after dressing, went to church, and In the
evening to concert in the Piazza with a
friend, one Mr.. Madison, with whom she had
been for some time acquainted both in Sacra-
mento and San Francisco.
The plaintiff did not see her until Monday
morning, when she prepared his breakfast in
the usual manner. She continued 10 perform
her duties in taking care OF the house as had
been her custom from day TO day without
any unusual occurrence or any reference by
either of them to the events of the 18th of
August until the following Thursday, the
18th. Early in the week she had asked both
Barry and plaintiff tor the use of the latters
horse and cart for drive, and had been po-
litely refused in each instance; yet these re-
fuSals had not been taken amiss by either
party. though the request was an unusual
one. On Thursday. in the afternoon, Mr..
Madison called to see her. She received him
in Miss COrdle'S room up stairs, where at the
time she was engaged in household work.
While he was there plalntlf came home, and,
hearing conversation up stairs, sent Barry on
an errand TO ascertain the cause. Barry found
Madison standing, hat in hand, at the door of
the room (Cordie was Cordella, plaintiff s
daughter) in conversation with Mrs. Truitt.
There is nothing in this circumstance from
which any impropriety could justly be i'm
puted to Mrs. Truitt or to Mr.. Madison. He
had called on her at the house two or three
times before, and though the case discloSes
nothing concerning his intentions, the evil
dence shows that she looked faVorably upon
him as d possible Suitor. The evidence Goes
not tend to show any improper conduct be-
tween them at any time. But PLAINTIFF, who
was not advised of their relations, was an
gered and suspicious. He reprimanded her
severely, and accused her upon the authority
of tales borne 10 his ears by Barry OF being i'll
the habit OF receiving men at unseemly hours
Madison sought to leave without encounter
ing plaintiff, Uut the latter overlook him at
the front door, and addressed him IN insult
ing language, and threatened him with arrest
tor having entered his daughters ROOM
Madison merely explained that he had en-
tered on invitation.
Upon returning into the house plaintiff fur
ther proceeded to upbraid Mrs. Truitt for
neglect of her household work, referring to
some neglected matters of little importance.
Mrs. Truitt who had been much moved by
these occurrences, then aYowed her intention
of leaving his service saying that 'hF had in
suited her friend" Plaintiff assented to her
leaving, but requested that before doing so
she would put the house in order in the ne
elected matters to which he had referred. He
also informed her that his wife had written
him that she intended to bring home a new
servant girl in a few days. 1t was then under
stood between them that she would leave.
La er on the same afternoon there were other
occurrences calculated TO eXasperate her.
They are alleged to have occurred in the hall
upstairs, as plaintin was passing from his
bathroom after taking bath, to his bedroom
on the same floor. Her account of it in the
Police Court five days afterwardl IS as follows:
Thursday afternoon he came home and
/ should not have company in the house; ne
would not have It. He swore at me, and
called me a great many things right there; he
accused me OF q great many things, and he
had taken a bath before Inc; insulted me
around there in the house, taking a BATH ana
came in there with nothing on him When
was doing my work and called me everything.
He said he had heard that had man up
there sleeping with me; ne done 1t to hurt me,
and L told him was not going TO stay, was
going 10 quit"
at all on this OCCASION; and Barry, who pro-
fesses to have seen all that occurred at that
time, says that plaintiff was talking TO him
self, and that Mrs. Truitt was not in sight or
hearing. Sne did not prepare his dinner that
day, but on the following morning prepared
his breakfast in the usual manner. AT the
table she expressed a willingness TO remain
but he declined, saying in effect his wife had
arranged for another girl. About o'clock in
the afternoon OF this day, Friday, the 18th,
Mrs. Truitt called at the store of plaintih, and
there had an interview with him. Plaintiff
was absent upon her arrival, but returned in
about fifteen minutes. During this interval
she selected hat and had some changes made
in it TO suit her, but did not take the hat, tell
ing the clerk she might take II alter she had
seen Mr.. Gilman.
At this interview there was no reference
nor allusion made to any past difficulty be-
tween them, nor is there any material con-
tlct in regard to what passed between them
except that he says she asked him for S25,
which assertion she denies. They both agree
that she requested him to give her credit for
q small but unnamed amount, for articles
which she wished to purchase. This he de-
clined, but 1t was agreed that he would then
pay her q small balance due her for wages A
little delay was caused by his cashier having
gone from the store tor q few minutes to the
bank She did not wait however but returned
to the house. In the Police Court she said
she did not take her money at the store be-
cause she wanted this brought up,' though
she added she would not nave done it eff
those parties had not told me-"
Upon her return to the house, she informed
Barry that she was going to leave, and de-
sired to know where she could put her trunk
Barry advised her that Mrs Bush was good
woman and would take it. Thereupon she
called upon Mis-. Bush, who inquired what
was the Inatteryu She then Tor the first time
disclosed to Mrs. Bush and Mrs. Kelley the
Information upon which the arrest OF plaintiff
on the following day was founded. They both
advised the arrest. These things soon came to
the ears OF newspaper reporters, the Chief of
Police and others. When asked, "How came
YOU to have him arrested?" she said, "Wel,
they asked me why l did not" Question
wanted me TO and then thought over it again,
and then seeing that the reporter had been up
there and all those (reierring to the Chief of
Police and otbersJ l thought 1t was my duty
tou
After her return from the store on Friday
afternoon Barry proposed to Mrs. Truitt that
he wou d tell plaintiff that she and Madison
had talked the matter over and concluded to
have him arrested In order TO frlghten him."
She asSented to this proposition, though she
did not originate it. Madison had not in fact
had anything to do with it. Barry. however,
thought it shrewd scheme. Accordingly
Barry that evening went TO PLAINTIFFS store
and informed him of the supposed designs of
Madison and Mrs. 1ruitt. She declares the
plan was not of her making, and when asked
why Barry wanted 10 do it she said: ''Be-
cause had stated that Mr.. Gilman need not
be so smart, because l knew / could have the
best OF him If wanted to. This is what it
was"
The testimony at the trial IS not in the ma
terial part substantially different from that at
the hearing in the Police Court, except that in
the latter Barry did not disclose what at this
trial he says he saw on the night OF the 11th
of August and on the afternoon of Thursday,
the 18th. This additional testimony OF
Barry is claimed TO be corroboration OF the
charge made by Mrs. Truitt. In the Police