Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1918-04-04
PLAINTIFF AIKEN ON
THE WITNESS STAND
Former Pastor of Fairfax
Church Testifies in SANDER
Suit Against Fred C. Cherrier
Fifty Years Old and Minis.
ter Since 1900

Fifteen minutes before Chittenden coun-
ty court closed its afternoon session yes
terday. counsel for the plaintiff in the
case OF the Rev. Orlando Z. Aiken, former
pastor Of the Methodist Episcopal Church
at Fairfax. against Fred c. Cherrier of
Fairfax to recover $4,000 for alleged SLAM
derous remarks, played theeir trump card
by putting the plaintiff himself on the wit
ness stand.
The former pastor said that he was born
In Duncan, Quebec. about 50 years ago and
| that since his graduation from the Drew
Theological school in New Jersey in 1900
he had been preaching. His pastorates in
the United States have been at Coventry,
two years; Cabot, four years; Derby Gen.
ire. two years; Newport Center, two
years; Westford. one year; Canaan, one
year; Swanton, four years and Fairfax
since April, 1916, to October, 1917, by IN.
pointment by the bishop.
The plaintiff further testified that no
knew the Cherriers and their hoy, Ber-
nard Hicks, from about May. 1916. Aiken's
family used to take milk from the Cherrier
farm and sometimes young Hicks would
bring 1t over to the Aiken home and some
times the former minister would 20
over after It, In September of 1916 Mr..
|
Cherrier about her boy. Bernard Hicks.
being taken into probationary member
ship Of the Fairfax Methodist Episcopal
Church. According to the witness, Mrs.
Cherrier' agreed to the suggestion and SO
young Hicks was admitted to the proba-
tionary membership that month. Hc
then regularly attended church and Sum-
day school. Aiken testified that he had
a talk with Mr.. Cherrier. the defendant,
about Bernard Hicks not being able to
swim. In that conversation Mr.. Cherrier,
according to witness Aiken, stated that
| Bernard was a coward and was afraid Of
the water and that because Of that cow
ardice he (Mr. Cherrier) would not allow
him to go in bathing with the older boys.
At the request Of Mr.. Cherrier. the pastor
agree to teach Hicks how to swim and
In the Lamoile river in shallow spot
Just off the Cherrier farm young Hicks
| and the minister went two or three times
| each week until Hicks learned to swim.
(This was not in the river at Marvin
lane referred to in testimony farther down
in this reporD.
The last time Hicks and himself went
in swimming, according to the plaintiff
In his testimony, was sometime In
August. 1916. and after that the rela-
lions between the Cherrier family and
the Aiken family became strained. Some
time in September Of the same year
Mrs. Aiken mended some bad holes in
the trousers of Hicks. During that month.
on several occasions when either Mr.. or
Mrs. Cherrier or both Of them were
away, the witness went over and helped
young Hicks milk and assisted about the
farm in a general way. That he had
on several occasions sewed buttons on
the shirts and trousers of young Hicks
was admitted by the witness. with the
additional information that Hicks clothes
needed them or he would not have done
it. About October 20. 1916, Mr. Cher
rier met the witness. according to the
testimony of the latter. when he (Aiken)
/ was coming from the pOstofflce in Fair
! fax and he was asked into the Cherrier
home There Mrs. Cherrier. Mr.. Cherrier
and their chore boy, Bernard Hicks. con-
! fronted him. Mr.. Cherrier asked him
tAiken) concerning the rumor he was
| spreading about Cherrier working his
boy Bernard Hicks SO hard about the
farm. The witness said he denied at
that time ever spreading such a rumor,
and that he had never talked with Mr..
Shedd about it. or about anything. for
he had only a speaking acquaintance
with Shedd. Then the witness testified
that he asked the Cherriers why they
had forbidden Bernard Hicks coming over
to his tAiken's) house, that he had
asked Hicks and found out that his fos-
ter parents had forbidden him from going
to the minister's house. The witness
then said that Mrs. Cherrier called him
a liar" several times, and declared that
he Aiken) was getting Il strong influence
over their boy (young Hcks) and was get
ting him disconnected with his home at
the Cherriers.
Court then adjourned for the day. it
being about sos o'clock. Mr. Aiken will
go on the stand this morning at nine
o'clock to finish his direct examination
and then to be cross examined by the
attorneys for the defense, probably by
Vernon A. Billiard.
Previous to the calling Of the plaintiff
to the stand two witnesses for the plaintiff
were examined and cross-examined. The
first was Eli Taylor. a neighbor OF the
defendant Cherrier. He was examined
by Attorney NJ. G. Leary for tho plaintiff
and said that he had been resident OF
Fairfax for 46 years. He asked Mr
Cherrier about his opinion Of the Metho.
dist minister while they were repairing
a fence which separated their respective
farms. Attorney Vernon 4. Billiard cross.
examined witness Taylor and the latter
admitted that this conversation which he
solicited was before the church trial.
Written testimony and cross-examina.
ton OF Clifford Cherrier. another nephew
was read partially by Attorney w. D.
Stewart for the plaintiff and partially BY
Attorney Elmer Johnson for the de.
PENDANT This witness is now in the army
at Camp Greene. Charlotte. n. c., he
|, having volunteered In January of this
year. The testimony was taken In At.
torney Stewards Office with Attorney
Johnson present. and the court allowed Il
read and admitted as evidence
Then Charles Rock for the plaintiff was
, called. Under the examination of NJ. G.
Leary Rock testified that he had lived
In Fairfax since he was born and that or
. June II. 1917. he was fishing in Fairfax
|, Falls and the Lamoille river. He tried 10
hide from the minister and young Fred
Cherrier when he saw them together or
the bank near the woods In Maryin's
lane. because he did not wish to have a
I minister see his fish pole and know that
he had been fishing on Sunday. He
wanted to testify at the church trial OF
the plaintiff but he was refused ad.
, mittance by the Rev w. b. Dukeshire
, so he thought. On cross-examination by
Attorney V. A. Billiard Rock denied that
Aiken had ever lectured him on coins
fishing on Sundays and that was why hf
wanted to duck the minister. He also
: denied that he had told several men In a
, friends home that Aiken had offered him
, US to come and testify at this suit and
that he was going to get more or he would
l Ho An,tA fAI -.