The Providence news. (Providence [R.I.]) 1891-1906, 1899-05-19
Was Followed BY Wordy Warfare In Which
Alleged False Charge Was Made.
AFFlOAvITS TAKEN IN FITCHBURG.
Police Captain and Pairolmsn Said Mrs. kcDuf's
Reputation Was Bad Strong Testimony GIVsn
In Her Favor BY Former Employer.

The amenities OF social life in Paw
tucket were considered by a jury i'm
Judge Wilbur's court today in the trial
OF a sander suit in which Mrs. Alice
McDuff was plaintiff and Mrs. Gather
inc Smith, defendant. The trial was an
interesting one, and the worthlessness
of police testimony at long range
seemed very apparent. Though the de-
fendant did not undertake TO defend
the slanderous words. simply denying
their use. she through her counsel,
Charles f. Stearns, introduced some
testimony OF a captain of police Of
Fitchburg. named Hurley. who. 1t was
alleged, is i'm some way connected with
the defendants relatives I'm Fitchburg,
and two other officers under the cap
tain, to the effect that from 1888 10 1889
the plaintiffs reputation was bad that
is both her general reputation, and her
reputation for chastity.
Hugh j. Carroll, counsel for Mrs. Nc
Dun, read the deposition of police Of
ficer of Fitchburg 10 the effect that
Mrs. McDuff's reputation before mar
riage- good. During the trial Mr.,
Carroll reminded Mr.. Stearns that the
case was a civil one and not one that
the state was prosecuting. One of the
police officers whose deposition was
read for the defendant, when shown a
copy of his deposition by the plaintiff
and her husband, denied that he made
the contained fharpin NrG
McDuff when she was married in 1897
was but 20 years old.
Mrs. Waldo, the Keeper of a large
cafe in Fitchburg, testified that Mrs.
McDuff worked for her six months in
1897 and she had known plaintiff a
year before that. She had never heard
anything but good of her. AS TO plain
tiff's reputation for chastity witness
said Ii was without flaw and that she
was an honest and upright girl. This
witness was a very intelligent person
and modest in appearance. The two old
ladies who have lived near the plain
tiff since her marriage testified that
she had conducted herself as a modest,
decent and civil person should.
The trouble began over some lumber
in the plaintiffs yard. The defendant
is the aunt of the plaintiffs husband,
but her sister is dead and though the
property of the defendant and her for
mer brother-in-law adjoin the feeling
between them is not apparently of a
LOVING nature. Mrs, Smith and her
nephew got into a dispute and the
plaintiff says when she saw from her
window the aunt with spade raised
to strike her nephew she, the plaintiff,
told her husband to come in. Mrs.
Smith seemed angered at the interfer-
ence and called her, the plaintiff
claims. a very vile name and also
charged her with immoral conduct with
her father-in-law. This charge was
made in a loud tone OF voice according
to the plaintiff and her husband.
Duff provoked unkind remarks by re-
ferring I'm an uncomplimentary 10 Mrs.
Smiths husband. This led to a remark
on Mrs. Smiths part that she had the
plaintiffs character in black and white
Mr.. Carroll objected TO the reading
of the defendants deposition as the de-
fendant had not attempted TO prove
the truth of the words. Judge Wilbur
was at first disposed TO agree with Mr.
Carroll, but Mr.. Stearns cited two Mas
sachusetts cases 10 show that the issue
OF not guilty put the general character
of the plaintiff. In a slander case. in
issue. Judge Wilbur admitted the de-
positions which were of the import
above noted. In one of these cases re-
ferred to testimony as 10 the bad char
acter Of the witness ten years before
suit was brought was admitted.