The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1903-11-26
THAT BAPTIST CHURCH.
HOW HONEST GENTLEMEN
SWORE TO WHAT WASN'T so.


An old Law story by General Kellogg
which shows the FaIIibIIity OF HUI
mau sIemory-HoIv a Case was Won
The following appeared in the Water
bury American this week addressed to
the editor by General S. w. Kellogg:
The recent very interesting anniver-
sary of the First Baptist church OF this
CITY recalls to my mind an incident that
occurred in the history of the church
nearly fifty years ago. 1t may not be
of snecial interest to the members of
the church; but I will relate it for the
benefit of the younger members OF my
profession. to show the utter unreliable
ity of human testimony when given IN
relation to a fact or a state of things
that had occurred or existed fifteen or
twenty years before. .......
It was in the latter part Of the hftles'
/ do not recall the exact year, When
there was movement in the church for
some improvements in the old church
building, which stood on the east side
Of Bank street, about where the store
OF ]. b. Mullings & Co. now stands.
Al majority of the church, consisting
B largely of the younger members, We're
in favor of making some improvements,
and / think vote had been passed to
that effect. It was bitterly opposed by
three or four of the old members, who
had run the church for generation or
more, and seemed to think they owned
the whole thing. A lawsuit resulted
for the purpose of stopping the improve
ments Norton ]. Buell., then the Oldest
and the leading lawyer in this section
wah employed by the older members,
and I was employed by the committee
of the church, consisting of the youn-
ger members. s.a- $3.50. @ss H., ..4
The trial came on at New Haven, in
due course Of time, before a jury. It
became a material question whether a
clock In the church tower was put in
its place in the year 1910, or in the year
1874 Three or four of the older mem
bers claimed that the clock was put in
the tower in 1910, and that they bought
the clock and paid for it, and were it's
real owners; and that no improvement
could be made that would interfere
with that clock. The committee of the
church claimed that the clock was not
put in until the latter part of 1874 and
that 1t was the property of the church.
j. G.. Bailey, if remember, was the
chairman Of the committee and was
with me at the trial, advising as to the
facts in the case. He was very positive
that the clock was not put in until 1874
He said it was in the fall of the Clay
election year. He had been absent DUR
ing the summer, and heard the clock for
the first time when he came back early
in the fall. After one or two Of the old
er members who claimed the clock
had testified, Mr.. Buell., to my surprise,
called up two well known members of
the bar, who We're entirely disinterested
in the case, and had them sworn. They
were Judges Alfred Blackman, Of New
Haven and Harris B. Munson of Sey-
mour, Judge Blackrnan testified that
he lived only one year in Waterbury,
the year 1912, when he was Judge of
probate here, and moved to New Haven
that that clock was in the tower in 1912,
and that he used to time his morning
walks by that clock before he went to
his office.
Judge Munson testified that he was a
Joiner and carpenter in 1912, before he
commenced the study Of the law, and
that he with others. were at work on a
frame building ON West Main street,
and that they always went by that
clock In stopping their work at noon
for dinner. 4 turned to Bailey, who sat
behind me, and said to him, Flow could
you be 50 mistaken He replied, ST
am not mistaken. know I am right
and they are wrong" I thought mo-
nlent and then I whispered to him,
isn't there some paper in Waterbury
that will throw light on this thing?"
He thought a moment and said, II have
never heard Of one but it is said there
is an old trunk in such a PERSONS gar
ret that has some old papers In it reIa-
ting to the church, ...
It was then late n the afternoon, and
the only train to Waterbury would
soon leave. I whispered to him, ''Take
this train for Waterbury and search
that trunk and any other place where
you think there may be paper, If it
takes all night, and get back here on
the first train Tomorrow forenoon.
There were very few trains to New Ha-
wen at that time and it took two hours
or more to get there, going by the juno
Zion. said to him: II will cross-ex-
anime their witnesses long enough to
keep the case going until you can get
back tomorrow forenoon" The supe-
rior court at that time always met at
nine o'clock in the morning and sat I'm
til six in the afternoon. No efght-hour
law day was ever heard of at that time.
Bailey left the court room and crosses
examined witnesses until the court, two
or three times, was on the point of STOP
ping me. The next forenoon, while I
was cross examining witness, the
door Of the old court room opened (the
court house was then on the green,
near the colleges), and Bailey came in.
saw by his face that he had something
good for me, and wound UP my cross
examination OF the witness as soon as
possible. He came and took a chair
me, and handed ME a paper. I opened
1t and at the first glance I saw it was
Just what wanted.