Great Falls weekly tribune. [volume] (Great Falls, Mont.) 1894-1???, 1895-06-28
lection was made and the court took a
recess until l;30 p, IN. to consider the
objection.
AFTEh NOON SESSION.

plaintiff Waf permitted to read brief eX-
tracts from several of the depositions
taken in Canada showing that in the
opinion of former friends the young lady
enjoyed reputation for high moral
character and intellectual attainmcnts.
The prosecution then rested.
The first witness for the defence was
Frank Goss, mechanic, who bad pre-
pared plat Of the two rooms, showing
the doors ard windows, and the location
of the beds and other furniture as they
we're supposed to be at the time the
alleged assault was committed. This he
explained to the jury, the object being
to contradict the plaintiff and show that
defendant in entering the room must
have passed by the bed she occupied.
JOHN Spencer. the defendant, was then
called and testified that he was 81 years
old. Plaintiff is a sister OF defendants |
wife. She came to live with them in
April, 1893, and remained until June,
1894. Witness owned d ranch and is in
the cattle business Lived IN Great
Falls. In January, 1894, Mrs. Spencer
went away for her health, and after her
return the family removed to the ranch.
ln the fall and winter Of 1873 WAS away
considerably, but was home more IN De-
cember than in January, 1871 kuew
| plaintiff before she came to live with the
family. During her stay at the mouse
she was rather familiar and wae IN the
habit of coming INTO the bedroom OF de
! fendant IN her night dress and making
her toilet there. Often, If he slept late,
she would pull the bed clothes OFT and
spank or attempt to spank him. He paid
no attention to it, for there was nothing
wrong in it. He had rompeu and tus-
selled with her in sport. Witness denied
all recollection of the alleged assault on
plaintiff. On the evening of January y,
after witness got home, plaintiff told
witness that Scott wanted to marry her
and asked his advice. He told her if
Scott suited her to marry him and then
went out. At no time when they were
romping or tussellng did plaintiff show
any disposition to be annoyed or find
fault or resent the familiarity.
: On the morning of Jan. "a, about I
o'clock, plaintiff had called Allen to get
up and little later defendant entered
, the bedroom of plaintiff to call his
daughter, Annie, who was sleeping there.
AS he was pas ing the bed plaintiff put
out her hand and he took hold Of it,
asked how she was, and sat down on the
edge of the bed for a few seconds. While
there he reached his arm around her
3 but did not put his hand under the bed
= clothes. After he had sat there a few
seconds he got up, awakened his daugh
ter, and went to his own room. He die
not get into The bed with her or attempt
to draw her toward him then or at any
j. other ..Ae. When they got down stairs
n to breakfast the meal was served al
usual aud he did not attempt to tak'
y any liberties with plaintiff or to tickle
her. No reference was made to the In
r cident. The next evening plaintiff ant
y Mr.. Scott took a walk or made a visit, re
: manning away several hours On th'
: morning of the 10Th. IN the dining room
. plaintiff asked nim what apology he wa
e going TO make for insulting Ler. lit
J was surprised and asked what sh
4 meant, She referred to the bed roon
incident and spoke about her character
b and said that if it was not for the child
d rem she would leave. lie told her b
3 didn't care. Asked her why she had no
said something about it before, AM
later in the day went to the ranch. Oh
s. his return she left the house. Witne-
o next related talk he bad with tn
It brother of the plaintiff who accused hin
:. OF insulting her, to which he replied tha
+, she was very foolish and there was moth
Il ing IN II, and that he didn't want to tai
J. about it until Mrs. Spencer got h0mt
l. After Mrs. $. got home there was meet
Il ing at the ranch, at which witness, Mrs.
, Spencer, Mr.. Scott. and plaintiff Wer
y preeeut, This was in June l%li Whc
it thcy were together plaintiff said / SUI
,I,,,y f-Zg