Crawfordsville Weekly Journal, Crawfordsville, Montgomery County, 1 December 1899 — Page 3

IP* ir

NIGHT

BELL.

E. E. E. E. (For Ease.).

Turkey Dressing

Will soon be the order of things in Thariksgivingdom. The strutting turkey will soon cease to strut—he's going to be "dressed." With man it's different. When he's dressed in one of our

Suits or Overcoats.

It's a pleasure to "strut." We have the styles worth "gobbling" up at prices to be thankful for. A veritable "feast" of values. Let us fix you out with a suitable suit for Thanksgiving day.

Wicks & Benjamin,

in S. WASHINGTON ST. HOME CLOTHIERS.

Spccial on Crepons!

If Yow Have Corns

...Use C. O. B. Corn Cure...

THE PEOPLE'S DRUG STORE,

122 N. Green St. Chas.' T. O'Brien, P. Ph.

Johnny Get Your Gun

And likewise your Ammunition of us—we will treat you right. LOADED SHELLS, SHOTGUNS, RIFLES, and CARTRIDGES of all kinds at the right price. Let us show you one of our Shotguns —no trouble to show goods.

Mower Binder Talk.

We are agents for the Champion Binder and Mower and invite you to come around to our store and let us show you its good points— they are numerous. A little early for Binder talk but you know the old adage.

GOULD, OLIVER & MARTIN. 5

Successors to Vorls & Cox.. ft

D. G. BARNHILL,

Funeral Director and Embalmer.

CRAWFORD8VILLE, IND.

All grades of goods carried in stock. Calls attended day and night. Office 313 S. Washington St. Residence 415 S. Washington St. fohn B, Swank, Assistant. Telephones No. 61/81/83

,IN

p,

AVe have tno many Cloaks on k}

hands for this time of year and

the only way to close them out is A

to Cut. Slash and Carve Prices to

(4 almost half, g~,

/VI1111 fipm/!

'PHONE 497

A A A A

The Great Sale

At The Golden Rule is Still On.

S'SV2V5V2V3V2VSV^^ Children's nice, stylish, well made Jackets, worth $3.00 $, 1,75 Another Week of Bargains Ladies'good Gloth Capes 1,75

Hne Sllk

SUED FOR SLANDER.

Xlie Case of Cox vs. JlcCnlu Comes Up in the Circuit Court for Trial. -PS

Ladies'Astrican Capes 2,98

ClOd-kS Golf Capes, worth $6.00, special 3,98 Jfc ».

Furs! Furs! Over 100 Different Styles.

Nicc

heavv

Elegant late style $8.00 Jackets.. 5 98

All the leading colors tans and modes, all wool

cheap at $10.00,

flfO

Crepons,

xcDMoat

in!he^ous?

at

Last Monday in the circuit court was called for trial the case of Miss Emily Cox va. John McCain, a suit for $10,000 damages for slander. Both parties live in Darlington and the case is a bitter one. Miss Cox is the daughter of William Cox, one of the moBt reBpected and wealthy citizens in this part of the state, and the defendant is a retired farmer of means and respectability. The case has some peculiar features and the stories to which Miss Cox takes such violent and natural offense were first put in circulation over twenty years ago. It seems that back in the '70's a Dunkard preacher named Ooltrain lived in the Cox neighborhood and was intimate with the family. He finally left the neighbor hood and soon after Miss Emily went with her father to Iowa, where Mr. Cox has large property interests. They visited friends and relatives there for a season and then returned home. During her absence and after her return malicious parties actively circulated the report that while she was in Iowa a child had been born to her and that ita father was the Dunkard preacher, Coltrain. Strangely enough the Cox family were never informed of the rumor and lived in blissful ignor ance of the slander. In time it died out, only to be revived occasionally by vituperative female gossips or goodB box loafers. But last Bpring the whole naBty story was brought up again in all its original viciousnees and currency. A real estate agenc from Iowa, a young man, came one day to the home of William Cox and spent a portion oi a week there in conference with the old gentleman on business connected with the Iowa interests of the Cox family. Inconsiderately enough the

Coxes did not tell the neighbors who he was or what he was there for. This opened the avenue for speculation and thei'e was guessing with a vengeance. It was soon going the rounds that tbe young man was the son of Miss Cox, that she had educated him in Iowa, that she had set him up in business there, that the family openly acknowledged him, and a lot of other stuff and nonsense of a like character. The rumorB were finally published in a Crawfordsville paper as the gospel truth (names omitted) and this made the tongues wag the more. Then at laet the Cox family heard of the rumors and at once cleared the decks for action. An attorney visited Darlington and proceeded to run the rumors down. It is alleged that they were all traced to the defendant, John McCain, and that gentleman was certainly somewhat rattled by the action of the CoxeB, for he proceeded to deed l^is property to a relative. Suit was brought, nevertheless, and in addition to a judgment for damages Miss Cox asked that these deeds be set aside. Since the action was filed the gossips in the Cox community have* been singing mighty low.

The case was not called for trial until after the train from Darlington had come in and then there was some delay in making up the issues. It was after 11 o'clock before the examination of the jurors was begun, and the plaintiff's lawyers were still at work when noon arrived. In the afternoon a large audience was present, scores of people coming in besides those who

1

"lush Capes, from $2,98 up to $10.00

y°ur

worth 65c. choice of all patterns at.... 48c

Extra heavy, wide Crepons, regular 90c quality, now 69c

What is nicer for a stylish dress Very fine silk Crepons, cannot be matched anywhere for less than a pretty Crepon? Our line than $1,35, our own special price AQ„ is now reduced to snch prices as .«, .1 lc

A

A

can be reached by any moderate *ines* blistered Crepon, imported, formerly $2 to $3 Pur8e- per yard, now..... $1,95 and $1,50

ow.n

ITlIlIIIlCry I TERNS and other lovely creations make up this lot, Any hat, re/ member, at your own price,. JC 3C iC 3C

W W

tlce

OtVO

kersevc

an wuui nwseysi

at C.

Ofl

O.70

SOME VERY FINE PAT/

W. W W W W W W Tf

were summoned to tell what they knew. The plaintiff

w&b

represented

by Orane Anderson, and ip. a nice lookiDg little woman. posBibly fifty years of age.

The defendant looks like an honest old farmer of possibly Populistic tendencies and his long flowing whiskers give evidence of the howling winds of many stormy winters that have whistled through them. He is surrounded by his attorneys, F. P. Mount, Johnston & Johnston, and A. N. Cave. He wears, besides his clothes, a troubled look.

When court convened in the afternoon the jury was empaneled in short order, much to the surprise of tbe spectators, who expected the usnal wrangle. The plaintiff excused Cyrus Pink, of Ripley, and the defense excused Thomas Patton, of Brown. These vacancies filled the jury was sworn, being composed of the following gentlemen:

D. R. Qrenard—Coal Creek, Frank Hallowell—Union. Edwin Brown—Walnut. James Blackford—Wayne. Harvey Canine—Brown. J. F. Dice—Walnut. G. W. Bowers—Union. Henry Long—Union. Calvin Long—Union. Charles Harding—Union. H. H. Talbot—Union. Wm. Goff—Brown. It developed Monday morning that McCain had on last Saturday had his property deeded back to him and the defense made a motion to have that portion of the complaint referring to this transfer struck out. The court refused to do thiB, however, until it should come up as evidence.

Mr. Anderson made the opening statement for the plaintiff, reading the complaint and following it with a general denial of the stories alleged to have been told by McCain. He ventured that it would be shown that the whole slander had baen actuated by malice.

After Mr. Anderson's statement for the plaintiff, CharleB Johnston, for the defendant, made his statement. He said the defense would make a general denial and a plea of justification. He admitted the conveyance of the defendant's property some days before the filing of the suit, but said this transfer had been under consideration for nearly a year. He said the evidence would Bhow that early in the 80's the plaintiff began keeping company with Addison Coletrain. During the time he was keeping company with Miss Cox he joined the Friends church at Sugar Plain, and in 1883 it became gossiped about that MisB Cox and Coletrain were unduly intimate. The matter was investigated by the church officials and he was turned out of the church. Mr. Anderson ob jected to this statement, stating that Miss Cox's name wss not mentioned in the church ijinvestigationB, but the objection was not sustained. Said defense would connect the whole matter with the plaintiff aB church triers would appear as witnesses, and would show that in the early '80's the plaintiff'jjwas in delicate condition and had gone west to get rid of her trouble, and that sush matter was common talk, even among the intimate friends and the Cox family itself. Objection to this part of the statement was not sustained by the court. That the evi dence would show that during '81 or '83 a letter was written by Miss|0ox to Coletrain stating her condition, and that a physician waB seen in regard to relieving her. That]some time before the bringing of this suit

.1

strange

young man had visited Darlington and inquired for plaintiff's father. Also that the alleged defamatory stones about MisB Cox were common talk in Darlington before McCain had ever opened his face on the subject, even the Sunday school children being familiar with them. Also that the county papers had published a detailed report of the stories before the defendant had broken the sphinx-like silence which had enshrouded him and ventured an opinion in the case. McCain's age was given as 69 years and it waB stated he had been a hard-work-ing farmer until a few years ago when he moved to Darlington, being too old to work.

Upon the conclusion of the statement of Mr. Johnston, Judge West warned the jury to beware of taking the declarations of the lawyers as evidence. He- pointed out that they could base their verdict only on the sworn testimony. A veritable cloud of witnesses were then sworn and affirmed. More affirmed than swore.

W. B. Mount, of Darlington, was called as the first witness. Has known defendant and plaintiff both for many yearB. Talked with defendant last April. Met him on the street while enroute home. McCain asked if witness remembered the old scandal and witness said he remembered the story, but did not believe it. McCain said he was living on tbe Woody farm near Cox's, at the time the story started eighteen years ago. McCain said he rembered Emily going away then to Iowa. The witness here became confused and fdrgot the conversation. To refresh his, memory, Mr. Anderson presented a statement which Mr.

Mount had signed last May. This statement reviewed the conversation and sot up that McCain had declared that he knew it to be a fact that a son had been born to Emily Cox on 'hor Iowa trip. There was considerable more in the signed statement to the same effect, but the witness even after reading it, failed to recollect the conversation as set forth therein His testimony was not nearly so strong against the plaintiff as the statement made it and Mr. Mount in extenuation of this declared that he had signed the statement without reading it. This led to a number of hot .questions by Mr. Anderson, showing that the statement had been written by Mr. Andesson at the request of witness in witness' place of business Mr. Mount finally reviewed his conversation again and brought out that McCain had repeated rumors to him rather than had made declarations. When witneBss told McCain that he didn't believe the story regarding plaintiff, the defendant said, "They say itsso," but did not say "Yes, it's so." The witness and Mr. Anderson here had quite a tilt over this point, Mr.

Mount finally declaring that Mr, Anderson had suggested the positive declaration of the story by McCain, at the time of the writing of the statement and that the witness denied at the time that McCain had positively asserted the truth of the Btory, but had said, "They say it's

bo."

WitneBS is a

brother of F. P. Mount, of the defense, Mr. Mount being retained nafter the written statement had been signed. This signed statement was written in witness' place of business last May Witness had told Anderson the story and had been requested by Anderson to reduce it to writing. At his request however, Anderson wrote it and then read it to witness who signed it.

Cross examination.—First met plain tiff at the time of a revival at th9 Friends church 15 years ago. Mr. Anderson wrote the statement of witness' conversation with McCain to which witness signed.

Jennie Buskirk was next called. Is the wife of John Buskirk. Has known defendant 17 years and the plaintiff much longer. Remembered a con versation with McCain at McCain's house last spring. The witness after the story of Emily's shame was brought up, declared that she did not believe Emily had a boy. McCain then said that it was true and that he knew it, that the boy was born in Iowa. McCain also said uncle Billy was going to buy Fink's drug store and that Emily's boy and Earl Cox would run it.

Cross—Conversation occurred in McCain's house early last April. Mrs McCain and witness' husband and children were present. Don't remem ber who first brought ip the scandal McCain then declared that he knew it to be a fact that Emily had a boy Witness then lived in one of McOain's houses in Darlington, but moved from there before the suit was brought Witness has Been people Bhe likes bet ter than McCain, but would not give adverse evidence on this account. Had trouble with McCain about house rent. McCain did not force witness and husband to vacate his property in October. Did not tell attorneys Johnston and Mount in October that she would swear as hard against Mc Cain as Bhe could.

John Buskirk, husband of last wit ness, then corroborated her testimony Cross—McCain's declaration concern ing the existence of Emily's Bon was positive and was not given as a rumor, but as a fact. Witness moved out of McCain's house about two weeks after this conversation. Witness was not requested by McCain to move, but moved voluntarily because he did not feel able to pay rent. Has no ill feeling toward McCain and has always been treated well by him.

Isaac N. Larrick lives in Darlington and knows all parties to this suit. Has a grocery store and last spring McCain came in when Wm. Hut^hinBon,George Lynch, and Lou Cooper were there sitting about the stove. McCain said: "Ike, have you heard tbe news? They say Emily Cox's boy is home." He said further that the Buskirk girls had said the boy was staying over at Uncle Billy Cox's place. McCain soon after left the store.

Cross—This conversation took place last Bpring either in March or April. George Lynch remembered tbe conversation in Larrick's grocery store. McCain whispered to Larrick and witness heard only the words, "They say he's there now." When MoCain went out Larrick told what he had said.

Lou Cooper testified that he was in the Larrick grocery on the evening in question. McCain came in and made the remarks attributed to him by Larrick. Albert Cox spoke to witness about thiB matter afterward and witness went to see McCain, telling him he had better fix the thing up.

CrosB—McOain said Rose Buskirk l« -d told the news at his house. Before this witness left the stand he started to address the jury Baying, "I just want to Bay to this jury"—but here the court's gavel fell and the witness did not get to conclude his remarks.

Wm. Hutchison heard McCain's declaration in the Larrick store. It was aB detailed by Larrick.

[LETTER TO liSS. PINKHAM HO. 94,398]

"lam so grateful to ycu for what Lydia E. Pinkliam Vegetable Compound has done for mc that I feel as though I must tell about it. A year ago I was taken very sick.

Women Would Sure" ly Try Mrs. Pinkham's Medicine if They Only Knew, Says Mrsm King

Doctorscould do mc no good only to deaden the pain which I had almost constantly. I got some of your Compound and took one bottle from it at once,

and received benefit I have taken it have no backache, side and my stomach and bowels are perfectly well. I can honestly say that there is nothing like it. If I could only tell every woman how much good your medicine has done me, tliey would surely try it."—Ma

ever since and now no pain in my

htiia

Attlebobo, Mass.

M. Kino,Nobth

The way women trifle with health shows a degree of indifference that past understanding. 11 appi ness and usefulness depend on physical health so does a good disposit ion. Disease makes women nervous, irritable and snappish. The very effort of ailing women to bo good-natured makes them nervous. Write to Mrs. 1'inklia m, she will help you to health and happiness.

Itcostsnothing togetMrs. Pinkham's advice. Her address is Lynn, Mass.

Rose Buskirk is the daughter of John Buskirk and is sweet sixteen. Knows Mary Buskirk, 01 Graham and the parties to the suit. WaB in McCain's house laat spring when Mary Buskirk and Ol Graham were preBent. The case of Emily Cox came up and McCain said he knew it to be a fact that Emily had a son. He said "old Billy" took her to Iowa during the war but he had always been afraid to say anything about it lest "old Billy should pop him through." WitnesB never told McCain that Emily's boy had come home.

Cross—The conversation at McCain's house was about the last of March. McCain brought up the discussion of the Cox case by the bold statement that Emily had a son. Witness had previously heard the story. Before McCain said anything that evening witness spoke to Mrs. Custer, who was present, regarding the matter. This caused McCain to ask witness if she told this rumor for the truth, and witness said she did not. Witness did not tell McCain that her Sunday school teacher had told her of the story.

J. O. Graham lives in Darlington and knows all parties in the suit.

WaB at

McCain's house on the occasion spoken of by Rosa Buskirk. Mrs. Custer and Rosa Buskirk began the talk andMoOain said Emily's boy had come heme and that he had been out in Iowa. Witness said he had never heard of her having a son, and McOain then

that it was a fact Bhe had, that he recollected itB being born in Iowa, where uncle Billy had taken her yearB before. This part of the talk waB between witness and McOain alone.

Cross—In the houBe that evening heard Rosa Buskirk (talking of the matter and to inform himself inquired of McCain as to what it waB all about, and McOain made the statements set. forth above.

Albert Cox, brother of the plaintiff, was tbe first witness called Tuesday morning. Said that John McCain came to him at Cox & Lewis' store and took him down in the cellar and related the conversation that occurred between him and Isaac Larrick and others concerning Emily Cox. He wanted it understood that he had Baid that Emily Oox's boy had come, but that the story was told him by John Buskirk. McCain was very anxious to impress on witness that he meant no harm to Miss Cox's character, that he only repeated what Buskirk told him. Plaintiff haa never been married. Defendant owna 120 acres, worth 850 an acre, and lives in his own property in Darlington. Has no business but is a retired farmer.

Cross—Plaintiff 1b housekeeper for her father and sells milk at Darlington. Plaintiff's attorneys objected to the question

bb

Ml

Bald

to whether plaintiff had

an interest in her father's farm. The conversation between witness and defendant occurred May 3, 1809, at Biz o'clock a. m. In that conversation defendant said he wanted witness to tell Emily Cox and her father that he did not start the rumorB. Witness told Emily what the defendant requested of him. It was this same morning that Mr. Cooper told defendant that witness waB investigating the rumora. Witness had heard of the rumors once before about two weekB previous in Crawfordsville paper and that was the firattime. Witness told McOain that there had been too much talk about Emily, but after repeated questioning by Attorney Johnston was unable to name any person who had been talking. Witness, however, admitted that there was general talk over the town about Emily.

Re-direct—WitnesB traced this talk down several times and each time found that it originated with McOain. Brain Mount was one who told him that McCain was repeating the stories.

Plaintiffs introduced as evidence tbe record of the transfer on May 1, 1899, of John McCain's farms and town lots

(Cuntinued on seventh paye.)