The Newtown bee., 1903-04-10
Ten Pages.
TOWN TOPICS.
STATE VS.. JOSEPH DUPLEX.
THIRD DAY OF THE TRIAL.


Tuesday at the Town hall about II a.
m. The first to take the stand was
Miss Daisy Tyrrell, who testified in re-
buttal that she saw all the perform
ance and never saw Thorpe strike the
oxen or heard Mr. Thorpe swear or use
any profane language. Saw the de-
fendent, DuplieZ, run across the road
and grab Thorpe by arms and hold
him perhaps two minutes. Dupliez
was having nothing to do on the
premises until he ran down and took
''you old cuss." Saw Thorpe
have stone in his hand but did not
see him throw any at oxen or any
where. Saw Thorpe have in his hand
small dry switch which had fallen
from tree. Thorpe was on his own
side of the highway.
On examination she further testified
| that she went to SchOOlhOuSe at $40
to build fire and watched oxen coming
down the road, stood and watched
them from across the highway oppo-
building. Am positive he did not
over one and one half inch through.
| George Peck saw all the affair and
| Thorpe did not touch oxen in any way
or touch Dupliez. Did not see Thorpe
with a stone. Dupliez was standing
near the old homestead and saw him
60 across the road and grab Thorpe.
Did not hear Thorpe or Dupliez use
profane language. Heard Marston tell
Merwin to ego across road and try to
get Thorpe to strike YOU" Merwin
Morgan walked back and forth in
front OF Thorpe and went back with
out blow being struck. Marston
| a no
you can hire to put that building up"
Merwin Morgan said "I'il give any
man $40 to put up that building"
Dupliez accepted the offer and they
went to work at it. Thorpe stood on
corner of roads on his own side and
7 forbade everyone from going On the
land. l was standing near bridge
when first load came down. Thorpe
stood on off side of off OK and was
swinging stick to keep team off green
| while Morrill, was driving them.
Jesse Lewis heard Morgan offer $40
to any man who would put up the
building and Dupliez accepted the
offer. Duplez had nothing to do with
the affair until the offer of $40 was
made. Thorpe was on his own side OF
the road and forbade them going on
his side of the road. Mrs Thorpe was
there when first load was brought
around.
Charles M. Thorpe testified he did
not strike oxen, assault DuplieZ or
strike anyone. When I first went out
l think l said every cuss of you
ought to be arrested" l swung brush
and shouted and oxen turned across
road on to green. l had stone about
as big as my fist in my hand but did
not throw it at oxen. Threw it on
the ground.
Mrs Thorpe SwOre that she was on
the ground during the affair, March
%. Mr. Thorpe said he would ''have
every cusS arrested if they didn't keep
off" Thorpe did not strike oxen or
DuplleZ or any one in connection with
the case. Saw her husband swing
switch but he did not strike oxen.
Dupllez was not on ground when affair
started. After team was driven down
briSkly and took hold of her husband.
Husband had stone in hand but he
| threw it on the ground.
Levi f. Porter was on the ground
all the time Of the controversy and
swore that Thorpe did not club or
strike oxen or throw stone at oxen.
Did not see him strike Dupliez and
did not hear Thorpe swear Thorpe
stood on his own side of the highway.
Heard none of the converse tiOn and
was about 175 feet away from the dis
puted territory. Was in a position to
see all the scrap and did not see
Dupliez strike Thorpe. Dupliez swore
that Merwin Morgan did not offer $40
to any man to erect building He re-
ceived $40 for days work and was Of
fered the money after he put in his
appearance on that morning. Justice
Cavanaugh fired Dupliez S. and costs
on first count, So on second coun.;
third count nolled. An appeal was
taken to May term of Court of Com
mon, Pleas with Henry p. Morgan as
bOndSman for 5000.