The Barre daily times. (Barre, Vt.) 1897-1959, 1916-04-28
AUTO RIDE STORY
IN $4,000 SUIT is
DENIED BY UTLEY
Defendant In Alienation Action Testified
That Mrs. Phelps Asked Him to Take
Her on Ride and They Were
Gone Ten Minutes.

The story Of the automobile ride on a
summer evening back in 1912, as related
by Mrs. Phelps, when she testified that
Utley and she stayed in the machine in
field with lights extinguished, for two
hours and that he attempted to use force
TO make her alight fren the car, was
branded as an absolute falsehood by the
defendant who took the sand this fore
noon in the trial of the $4,000 alienation
suit of Frank Phelps against Charles Ut
ley, which is being tried in Washington
county court. Utfey followed a large
number of witnesses for the defense,
most of whom were called TO identify oc-
casions when they were in the company
of the defendant, times which the plain
tiff alleges the defendant was keeping
appointments with Mrs. Phelps in the
woods.
Utley said he now resides in Hard
wick, having removed TO that village
from Cabot He said that he had known
the plaintiff for 20 or more years but
that his acquaintance with Mrs. Phelps
dated only from the time he purchased
the Cabot mill When he first moved TO
Cabot the Phelps family resided half
mile from the mill house. Later they
moved nearer and at present are residing
on a farm. The relations between the
Utley and Phelps families were very cor
dial, according to the witness, until
about three years ago. Several times
the witness had invited the Phelps fam
lily to go on automobile rides, invitations
which had been accepted.
RafarYtnu tn tba aganiper IN tha fall ~
1912 the witness said he had taken Mrs.
Utley TO Cabot village about 7 o'clock in
tho machine. She went into a millinery
store and it was while he was sitting in
the machine waiting for her TO make
purchases that Mrs. Phelps came along
and suggested that he take her for a
spin in the machine. The suggestion was
fayorably received and they were absent
from the village about 10 minutes. going
along the South Walden road and back.
Mrs. Phelps last Tuesday testified that |
the Walden depot road was the course
taken and that they had been absent for
nearly three hours.
Mr.. Utley said that upon their return |
ne waited for his wife and that they ar
lived home before . o'clock. He char
lcterized the story as told by Mrs. Phelps
Is an absolute falsehood and denied en-
,hatically all of the accompanying de-
.ails, as related.
Perley Sabin, an employe of Mr.. Utley
or several years, testified that he had
worked in the mill saving on Nov 2,
md that the defendant, whom he con-
inually referred to as "Charlie," was in
II about the mill all that day until well
fter 3 o'clock in the afternoon. Nov. 2
$ one of the dates which the plaintiff
vers was the occasion of meeting be-
ween the defendant and Mrs. Phelps.
l.. S. Robie of Hardwiek followed Sabin
nd told of going with the defendant on
Saturday in October. 1915, TO view
ONE hay which he contemplated pur-
hasing. NJ. @. Morse OF Hardwick, one
t the defendants attorneys, said that
e carried Mr.. Utley in a machine from
Iardwick to Cabot the morning of Sept.
or %, according to highest recollee-
ion. He was not positive which date
as right but was of the opinion that it
as the 29th c
Glenn Hatch Of Cabot was called to {
he stand and told OF being a frequent {
lller at the Phelps home. He never q
aIu luHiiNi ttiSut btANttil MI. anu
Irs. Phelps when he was present. 7
Mr.. Currier of Hardwick yesterday
'stified to having gone one Sunday to
le Cabot mill and was engaged from 10 c
clock in the forenoon until o'clock v
orking on an engine, being assisted by n
re defendant. The plaintiff had pre- 5
ously introduced evidence to show that n
! that particular Sunday Mr.. Utley and l.
RS. Phelps met in the woods between h
o'clock and o'clock Iv
Another witness told of keeping a Ii
ary and a page was introduced as evi-
nee. an entry being made to show that n
) saw the witness on day when IT is +,
aimed by the plaintiff he was in an !,
her place. The fact that the page was :;
ritten in two colored inks led to a Sc y
re cross examination but the witness
planned that was caused by the inkwell
nning dry and water was added to fiji :
up. He insisted all of the matter was :
ritten at the same time. q .