Herald and news. [volume] (West Randolph, Vt.) 1878-1943, 1896-06-25
Windsor County Court.
Jurae Tera,a, laoe.

When court reassembled on Thursday
last, the case OF William H. Smith vs.
John Parktr Bagley was ready for trial. In
this action ia which Mr.Smith seeks to re-
cover damages from Bagley for the aliena
| tion by the latter of the affections oil
Smiths wife. MIR. Smith was married in
September, 1894. He is plumber and at
the time OF his marriage was employed by
Mr. Z. H. Bagley of White River juno
| tiffland the defendant were intimate asso.
ciates. The plaintiff and his wife went
from Randolph to live at White River
junction, boarding at the st. George
hoiel. Mr.. Smith was absent great deal
of thestime on business for his employer,
and during these absences he had to leave
| Mrs. Smith at the hotel. On his return
from ore of these absences he heard a
story in regard to Mrs. Cummings hav-
| ing called at his room one Sunday after
| noonsand finding the defendant sitting in
tion of the story led him to suspect his
wife's fidelity. This was in the latter
part of February or the first of March.
MIR. Smith was 10th to believe Mr.. Bagley
was not faithful friend and went to see
him In regard to the matter, and Mr..
Bagley explained to him the situation,
telling him how it was he happened to be
in the room at that time, and Mr.. Smith
accepted the explanation. In the mean
time, however, the relations between Mr..
and Mrs. Smith had grown somewhat
strained, and Mr.. Bagley interviewed as a
mediator and suggested that divorce be
procured, and that Mr.. Smith refuse to
pay his wIfe's bills SO that divorce
could be obtained for refusal to support.
To this Mr.. Smith assented as he was
anxious for his wife's reputation. Cor
respondence passed between Smith and
Bagley, the former having gone to Bel
lows Falls, as it was claimed part OF the
arrangement was that he should not come
within forty miles OF White River juno
ton. It was claimed that efforts were
made to keep the plaintiff away from
White River Junction by threatening him
with a prosecution for attempting to
black mail Bagley. The plaintiff, being
10th to make up his mind he must sepa-
rate from his wife, had a meeting with
her at Randolph and there he said some
things to his wife, used some expressions,
that he used before no one else. Soon az
forwards he had letter from Mr.. Bagley
in which some OF these expressions were
used. This convinced him that the rela-
tions between his wife and Bagley must
be OF exceeding intimacy. Smith made
up his mind to 60 to White River juno.
tlOu Huu WHICH tuo pTUSTceb VI cVcuib
there. He engaged a room at the st.
George hotel, overlooking the apartments
OF Mrs. Smith. On one occasion he saw
Mr.. Bagley 60 into the stairway and soon
afterwards saw the curtains OF his wife's
room drawn. He went and waited in
front until he saw Bagley come out. An
alteration arose, Smith assaulted Bagley
and subsequently brought the present
suit.
It is claimed in defence that nothing
wrong transpired between the defendant
and Mrs. Smith; that the defendant was
acting in good faith as mediator between
the plaintiff and his wife; that the plain
tiff by his own gross misconduct alien.
ated his wife's love and caused her to
commence proceedings for divorce.
Dispositions were introduced tending to
show that the plaintiff had sustained
improper relations with young woman
at Bellows Falls and that his misconduct
had come to the knowledge Of his wife.
When the court adjourned on Saturday
the defence was still putting in testimony.