Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1918-04-11
BOYS TESTIFY IN
A|KEN.CAERR|ER SUIT
Witnesses for Defense Take the
Stand in County Court-Evi'
dence by Handwriting Expert
Causes Tilt Between Counsel
in Which Witness Participates

wendall Southard and Waldo White.
aged IA and 10, respectively. gave sensa-
tional testimony for the defense ana III
direct opposition to the testimony oHereu
by several Of the plaintiffs witnesses
Friday in the enCherrier SUIT III
county court. The testimony OF THESE
lads was directly centered on the aieseu
immoral acts of the Rev. Mr.. Aiken anu
young Fred Cherrier on the river oank
in Marvin's lane on June II. 1917. both
of the witnesses declared that they VIII
messed the alleged immoral acts.
Then Clinton Goodsell Of Fairfax was
called to the stand. He testified that
Aiken had told him in 1916 tnat MS
(Aikens) health was not good and that
he was going to sell his automobile as
the doctor had told him he had better
give 1t up. On cross-examination the
witness admitted that Aiken secured an
other car In about two weeks, IN turn
sold that and got another
At the morning session the plaintin
was the first witness resuming his testi-
mony from Thursday afternoon. When
cross examined by Attorney Elmer john
son for the defense, Aiken stated that
the letter that young Bernard Hicks had
written to his youngest daughter, that
had led him (Aiken) to be wary and
suspicious Of Hicks morals. had been
destroyed. He denied that his relations
with Frederick Bell of Swanton were
similar to his actions with Bernard
Hicks. He went away on various occa-
sions to tune pianos and was gone over
night many times.
Frederick Bell of Swanton testified
that Aiken went to his house on January
49, 1913 Bell had testified at the church
trial which resulted in the suspension
of Aiken. There Aiken had promised
Bell. so witness Bell testified, that II he
BelD would refuse to testify at this
trial and would sign retracton of his
former statements he (Aiken) would give
him the cost of bringing the suit in court
There Aiken told him, without asking
any questions or referring to the matter
in any way, that If he had any unsigned
communications regarding the trial to pay
no attention to them. On cross -examina-
ton Bell said that Aiken had appealed
to him to retract his statements, but
that he (Bel) refused and told the pas
tor that they were true and he could
not retract them. Then on redirect ex-
animation witness Bell said that he
had never had anything against Aiken and
had never said anything when he testi-
fed at the church trial but what was
true.
c. H. Ryan, Fairfax farmer. was the
next witness. He said he lived almost
opposite the Aiken home at Fairfax and
had seen and heard Aiken whistle to
Bernard Hicks in 1916 early in the morn
ing and late at night. In 1917 he saw
Aiken with young Cherrier lot. much
the same way as he saw him with Hicks.
Hicks was always we'll clothed, SO far
as the witness could see.
Mrs. Flora Belle Ryan, wife Of the
above Witness. said that she had seen
Aiken on his (the Aiken) veranda with
Bernard Hicks often and that Aiken
had his arm about Hicks. She had seen
and heard him whistle for Hicks on sew
! eral occasions. In the summer OF 1916
she saw Hicks run in from the street
! to Aikens driveway and that Aiken
stepped down from his automobile and
took out his handkerchief and wiped
Hicks face and then held the hand
kerchief while Hicks blew his nose. 1t
! was much the same process that mothers
use with their children. She had seen
Hicks before he went into the Aiken
yard and she did not see any dir, or
perspiration on his face.
| Four letters written to various persons
an argument at the bench between coun-
sci over their admittance followed. They
we're admitted under the objection and
exception of the PLAINTIFFS attorneys.
| Then William f. Kingston, a hand
writing expert, who does work for the
United States department. Of Justice. the
postof11ce department and much legal
work In various courts, took the stand.
He examined the four typewriter letters.
several being unsigned, and then de-
clared that they were all written on
the same machine and by the same oper-
ator. whom he called an amateur. How
he made his deduction was explained in
great detail by the witness, who has made
that his business for Is years. and who
has done it for more than 80 years on
part time.
| The witness declared that no two type
writer's made write alike. each having
some individuality attached to 1t from
which an expert could detect the differ.
ence Tho colon on each of the four letters
was imperfect in every occasion that II
appeared. The colon was this form 90: u
and the top period was damaged to a
slight extent and did not make as blunt a
mark as the lower period did. The figure
| y" on the paper had shorter stem than
been damaged either In the casting or by
use. The letters "T. Y. and c." showed
defects that were plain throughout the
entire four copies. In explaining how he
knew the typewriting was the work of all
amateur, the witness said that there was
no space left after the colon or commas,
and no space left after a period or an
initial; that the writer had used the
capital Il" for figure one instead OF the
lower case ~" as is customary that the
date was in the center of the paper and
not at the right hand sde as was GUS
tomary.
The cross examination by Attorney
Leary started things and it wound ur
several times in the witness. two coun'
sells and the court stenographer all talk
ing at once. Attorney Leary tried t.
CONFUSE the witness and asked him every
conceivable question in regard to type
writer's, their keys, action. keyboard, etc
How about doubleday board was sug-
gested to the witness but the witness
denied that it was written on double
key board machine. This was in reference
to the use of the capital "l' for the
numeral l. The witness tried at one time
to assist the examining attorney when he
ueary) got twisted In arranging com
plicated question and Attorney Leary de-
c'ared that he needed no assistance
whereupon the witness said that he was
OF the opinion that he did.
The other witnesses for the afternoon
were Guy l.. Butler, a former selectman'
who told Of seeing Aiken with youns
Hicks number Of times and that Aiken
had AAlA III ~