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Tous les autres exemplairas originaux sont filmte en commenpant par la premiere page qui comporte une empreinte d'impreasion ou d'illustration at en terminant par la derniAre page qui comporte une telle empreinte. Un dee symboles suivants apparaftra sur la darniire image de chaque microfiche, selon le cas: le symbole — ^signifia "A SUIVRE ', le symbols V signifie "FIN". Les cartas, planches, tableaux, etc.. peuvent etre filmis d des taur da reduction diffirents. Lorsque le document est trop grand pour dtre reproduit en un seul cliche, il est film^ d partir de Tangle supArieur gauche, da gauche d droite, at de haut an bas. en prenant le nombre d'images n^cessaira. Las diagrammes suivants illustrent la mAthode. 1 2 3 1 2 3 4 5 6 -li^ll. WHO IS iflLf Y? A FULL REPORT OF TWO . OF THE &st Erfraojdmas^j' felmiaa! C^ses TO BE FOUND m THE ANNALS OF C ANADI AN CRIMINAL JURIS PR UDENCE. ^CO^OOO^ eTt^EET«l|TTirG, 1873. ^bi -^'•^- •**- m^i«*Mfcfi ' i i iii ill ^!i- T .i h t L-i.; ■■ — -M ii'ii r T-"-' . TJ-] iM{(j\'i: !(?: •til!..!-,;; i'y .'III lul 7! Iciinuiiy 1 I, \v;'s l,]u; illvy WIS t!i r tllO flil'll; )m tlii.s iIojM ■tei- iMlll'l- ; ;'»j :i'.^ (1, dt.;.i,: !;•:. "t, W.US tlic sttfilic, the 1 •l. THK COllSPIRACY CASE. m.;'!i!K"r •■/;■• i;;.!»po.;i>, ) "iil'liri " f'/'i'ic ill .• ■.'<:\ .'....not, V '^'i;; i;. {iM!y(h-.loiy. iuhii on oatli, before t.u; un,..rs;^iu,l,„n:Ma- liw ;,;, j: ty V Jasiicos of .I,o lV;,co in u?;ii.a t.;;ht Imnuivd :^;,J .ownly.lwo, who, ll.c «,;d ;i,;r.oiK:nt 11,^ duly su.jn., .Jonos,:, and ;.:,i(Ii: Th.,,, j^i,,^ j^;_ ..•,,.,,, ;,f (j^^ •u^h oi .v>.Mt_,r.)r:v! \v. •:,■, ;„ ,..-, j,;,.,,;..^ ,,,,^„^^^;;- ,,.,_^^.^.^ -:n)l ;.:■,. ■_;;rHi, ^;-,s;|,r, ui;d?.:Vi'i- i^\i.|.r oi the ^Vuvvnishin o/ ^iW'nK^. ^'^!l)I•^•:•^,^yo,).:,:m, wi.r:,d!y, ictoadin- arj.l dovisin- I'oi'ii'-'^ ; ■i-J-u-poii-n!, oriiis;::K,l n; m;. iliiur, credit nnd iv-.ut^ ■'• •'"^! ['• -s nm.ior;dity,i.,Ml also to d.iViud tlus d^i^onoi.t ami u.iiasdy la ui,..-.i,i!.yt.o extort a;id ol,|.,,ii, iVoiu tliis doooiu-Mt a la.-v .sum n;- .J., u. wit, tin, .n!;i ..!'{;i:,o.n luMulruI dolIi;iv, did, on n^ahout ,« ur V d:.y ui .lu>ic last pa.f, and div.TS linios ^in.•^ liion .nd l,,,. rel..<'u.yof t..cdat>.:,Oivni' attho Pan..!, : loicsud, M!;oiv il.om. ir'...i,„.n.I,ijy andwicl;.d!y ca^^hv, coaddMc, c-.nl.dcrrto aod ,f t.yvtiK'r, al.<(-ly, unj.i.^dy and wii^.dly Jo eliai-.! aisd acou.-^o tid^ |P<'n;!it wif!, !i;ivii)- iiadcini.l l.i;,nv!cd-o oniio bodyoflh(> xdd I'd- l^' ■a,,,.r,:;H^lnri,ci,::v t!ic fathn;- oi' the child ^vh'•iv^t•(!ic s:dd I'hnira .ft r w;is p!v-u;!,i;, ;:5 they tl.i;:. an I th.ii'o pivlc;Hi,«d; ai;W hv th.; ilSi .: ..('V .•|lll(-l!v ;!:. " se d ;--'.y ;m,.^!,;v_t.;.:;ii^o asafbiwdd b.fbro had, t!i.-a and Cu'rodid J. ';;u TM:,.;.;a)!:r;y lilhnn Miat tids d-pa-iait th^ai l,i., Iv bdbrc v.io.iily KKown l!;„- saij .Lliidra i',,!!,-!-, aad th;t h,, iUl^ dc:i,u- nj, u-.'stne lather ui' the proi.,i.d.>d cliild, wli.nc./; tho faid JOlndra ilkT w.is thc,!i ))nHr,„„it, a.'j i-ho as..!" 'd aii,: j.;- i-.i: h. ] • ....i t'.. .. i-tlie furih;;;- cxceiiti,,:. of (lie .)iv,m;v's ; ad (.;• ex;„:-:i:>- imoi,'.V )«n t h,.s uejMiicut, thoy il,o s:dd John M. Sa;. r, Kbuira Im,;„ r and •tCi- lMI,i.Ta-lVn„ ;;;„;;:,., < ],oii.-] V0;< that, iho' .hn.lid rv-Mr.;„„l V ' ^'^T'/ ■■ '"' f'---'^!-!^-'^^:^^i!. a:,( ;,:., nds d,>i,o- "t, -.N...! llie faihor of ,siid protended chiki, wherooi' tiioy i-r^'tcudoil ■itK.ie, the aaidlJhnira Fuller waspregQaat; whorciri ia truth uud i i t i l l M ^Mii i aii i i li^iiyi. J ,> i /' P U 111 l^ A ]• ,. ' In tlio fllowins pa-c.s will I'a found a i';iithrul vcrbaUui CO])}' ol' ilio cvi:: j.i-;o tiikui, ti.o coitcs- poii(lon(30 sul.)iiiiU(j(l, an 1 i.iio ju'.^inoul; vciiacr- C(l, ioi;eUior with n synopsis of iiio avgimicnt, in tlio celc'bnitoa ci'^jcs of " Tl.c (2uc3n versus Kliuini Fulku', Polcr Fuller and Joliii M.SMScr," ebui-^Ml with o)n;H)ivac-y i:ud iiD^.toinpc Co levy blaeK !i:;al ; ^nul -ThcCnecn vev;:uS Kcv. Hudi Mnni:.)ni(vy;' c;:iu-^i:3d wirli pcijury.^ The pn-Min;:-:; in boji t'-;;e c-ics wci-c cxiimmcd -t h'UiU ;;-! i:.c dv:"'i-LJ c....:jred into before :.Ir. ,lu.;;.'e r ■ a r. :il ^^\v-!sl:uv;X. ai: <-i:--^;t ^'^^^^^s durin;-' tiie hittei- puvtion d Mie yeau 1872. Owinp; to t::o very :;rout interests tiikon m these extraordinary, not i" ^.ly -en^alionv! cases, eoi!i>led v.-ii!i tae n-Ui;nt an iui];ei'i'^'Uin(i i!;arbled ronort :-;^pcaved in a local print, .ic ka.^ i.cen thcniat desiral.de to pabliL-li the evidence, *\:e., in fall, in order that the puulie may have an o[)poi.nuity of forii^ini; an unbiao^ed onniion us to the guilt or i.mceence of tae oevcral par- ties charged witii such serious misdeamcnois. Sweetsburg, efanuary, 1873. f. ■MMMI kMMHMMii*! MWkM lM*Mr^Wi*M**MitoMM». I \ r.icn-r;! ; I flitl M ;in.l ; !:-o ;: ; C:.y, :•■! ,■ .•.-i;i;it n:' Mrs. '\InMtLroi;)(.'ry'^-' (•i'.•!.:l(•^^■! ; 1. I'ul i ,< .Vr~. .".i'ju'^n.n'iy tic i'.i'i!, at tlid j-iiiiu' till!'.! ahiivj,' !''!'. tliH-'tnr v.liotlio; lie tl'.oiv.;',!, i!(.'v^ v /^ .,;!')•• tliii!;: very serious v,i;U ?'.vr;i. I'n rvinl 'U "'In' iVrl hM tni.'ii tli'rc v,-;is," snvc :i Vi ry Ik'hI !^t:i((! dl" (lie Mood. »i^i'i' ja'L'.n.it I I'oin- jilaiuin,^:^ liowovnr, with rf'iii;!rl;s wliic'i I li.".il Icav'l 111;. 'lo in vcl'iiioii to the uiidue i'l'ipi'. -t v,''i!(h jri.-rnor I'.'.y.ov took in Myn. wllli llnir^- tliat r li.'nl ii;y;rir v;\-.ii, l. 1 ir.i to '-ii-ii'd tlvit .•;:! w 1 . not ri,:;;ii'- b •- t'.v.ui Myr:i aii'l p-i-onvr S. •.:"!•. 1 '.I;.'ii tofl; llic fi;- t oi'jifrtiK'ity of ;i-l;'.'i ; Myi'M •.', l'..'t'"'r fivti tlwn.r : I'.i'.i i..i! i:-:\^\. 1 111 • iii iiii; n'ii;T ' iiitini'ay wiib lai niiT S".'''. [ invMii by ii.ij.rniv.r iutiin.icy illicit coiiiiCfiMii witii Mvra. At lirr;. Ill" ; .' bo (I'.'li;.; 1] m til,' r\-'A', hi' b(rt-T:iii:; |.riMj'',i S ■;;rr. \vli;it 1 i:ii,;Iit s sy on Ibc mlij'.'ct to u .;; tin' inibri'iiticn ^' ■. itil'^Iit ;.'.ivc mo in h .''.t^--!- lis ii'f, n.^ v.-cll as for i'.u: j'nblii' iatcri •? ; I'U il'.- ln' \ cuIJ m IirrpuL brul lii-'r.^.'.f n(;t in lull lia- I'ri-i'nvr .''...'it wlr:'. I nii'.'it si'y to brr 0:1 Uu; .-Mibj'.ct, t'lon 1 would hvar licr s( ■; !;!"i;t. l-h". .^(.'l' nnly ]'ro:>!!.-.'(.l, a.'; in l!in p.'c-, nco of < .'oil, invicin;^' the i1i\ ino to rest Oo«ii lijioii brr if ,-lic (li'.l. f t'.ien iiuju'ossvil iiiion lior iiiiri'l, that wli.it slic bad voluiit:;ri!y doiu'. liail tbo m >r;il biiii.liii;rcb.'ir- aitt r of a most solovm obliiration ; to tliis she as.-oiitcl. I-'I'.c tbiia coiiinnnccil by sayin,^ in .'^abitiniot; ; I camo to livcMvi.'b priaonrr IS:;L:er in April !'-;;;>, r.iid tliat t';o iv\\ -;:oy b''t'.;o;;'i r,.=< C''.!iii:.ci'C:.] I'ariyinthe stimmor of that y ..ir, ;b„i i.. w 1 ^ c.iiitia-.r'l ai. .'.U tiui^s piid in all plr.cesi f.ivorable I't i-uch iiit .r.'our^c dining; the wbol'! ut tbcporiod tliat sho lived \vi(h pri.soncr f^aijor, nnd tliiit. it wa.s bor orinion, liid.^bc continued luuch lonj^er sho would liave been in bcr |:rave, brcauso of thi* Fcvcn; cold wliieb .'•lin bad C'luvbt. by Isur ii- di-oro'^t expo-ures. .SIio a!-o inkiiowlrd :■■ 1 that tlio inii'ix'i'ur.j had brei; Ct ntii'.u. d, ll.ouu'.i I'vi;-': • irily at pr";iler iiilLrvi!.< a;) toll:.; tiiiii! of be r liii.n i'-l visit iii I'l'imiary 1S72 ; .sboe.spccially ref; red to the pri.-souc' Saiicr's vi.-itsiii Juiieaiul July l''7!,\vbieh 1 bavo already vofcnvd to. Tn rel;;(;o;i to Iho vi it the iaai'L> at .''■;!L;ei-".s liou.-o in Lioiiteuib-n', tb:it tliey oceujpirl Tlr.;. J'a-r'.s bi^Iio;iiii .i.-i ..Mrs. Sailer was ab, cnl at the time, as lli.^y jiruviously had be.ii in the habit of doiug iu Mrs. Sagcr's absjnee. i t'-eu aiked her it 6;ho 72028 M lliii I'm I if; 7. linilocciii.i'd Mrs. ^loiit'roi.iory's horlroom ia June iiml July v.liilo hl.owits a).,lr..l r.o, ihiiu fuy I.u.l fi'Koi. the c.i. t_r ei. Slu- rurilicr iii!b;-iMC'? iiT^ '.lit [^'iiovuUy wIi'm A\:'. wni to Ti-ion !llll on iMiud.iy.-), wlii.o i'lr-i. Su ..• .v.-. .a •uifcli m..! au'l li;.: [.ii-.' (r.,or S;i'.'nv, \,-.':i;ul Iiouio to'-tlicr, liiiviu;.'; M/s Sjicr to rMo lumo ',.-i;!i i1:j, lii.'b ilica l!..'y ^v'jiilil f.-joy fM^ilt uilicr's .«of.Ioty, jjicmiui-j: til, 1 tlr •vouid li ivi"; ■.v.'il m' :ooui:-o. ! r.ii:' '.iMii'.ircii nl'/.jr, wLi'il/. i* ;-'li>! v..'rf n':triiV;iM orbccomiu', i.u- l)rp";i;'.t,'('.. Slio rc;Viu;il '•?:»." .Smc;o; lir.'l !oKl lit-r that it wuiild Lu vory ili.Vir.ilt lo .lo'tlmt v.-li!i Iio" r.iul tiint Ik: \v;:s very riircful not to do ho. At uUcAuitiKlHi.ia'uUl.c ra;u!ivii;s,.:J to lot niilt r.s t:il:.i Uiu'ir coiirso a.^ pnsoncr Sii'.v.r !;i.l lu-oi'iis*-.! to i.;')OlVMitii In r >.houl(l .••■.icli i;-i ii..-cia ;i.t cvjur. As in duly bouiul 1 j.-inti^l out to hur flui .-v/fnl con^c.;'':;!, .. '3 ol'. •lull cuii'l';-' ii.nl uv'^.hI t'.io n'i<-o'ulo mu'osMty o:' it.; buin','';;!. ciiceaMil lor ever h-oliMi ou'; a:Kurin- lifrtln-'t ."I'o could not contm-U' lo livo \v;'..ii uii am! !i"t in th.it \V!:y. as v/c coidd not nUow tlK! I'!H>-c ;ni^': to ho !';;jiin to di; orcuUcd ;;« it liad Icca by thcin;^ .sho I'lt.d:;i:di!or\vord ;iiat'i'. f-l/'uld be bro:;'.;n u!T nn'l tint prii-oncr Sii;;v.r wouid ai; '•:-.! 1o it. I then ^a'-n her lliu biiol; cailrd " L.'/vVs Soriou.s C.li" lo .'cad ;.:;■;. "tl;.;rvo;::;< of t-inii lav cl'iracU-r in ordiv that slic iiii;>,ht pioparc .'br bai'ti.-'m, of wlddi iho had Ik'lucnily spokid, ai.d c'on(.v.rnii',i: v.lilciifc"..;) »..;.! v,;v.i' n lo I ''iw ii; ,. ^ ■.>:othin,i;' unin; oriniyiorlaiioo v,-a.ssaid on the sutijcjt \\r\ui ouo. day Mr.>^. llul'diii-.Hia acciuTitally ;i>.ot P-r. iJri'j;l;nni on the :.!r;^4t ."Md I'.tld her iliat Myva Y...'< not ^'3ttin;j; any bitt-jr, rnd tlni. lui f-iic.;hl '•all a; 1(1; v\>, her ar.d iXMCW her modicino. ITo Hlutcd if .^hi' \.- liitod ii.-jdicins ;:li,: nust criiM') al'tcr it. (Vvlicvrivcr 1 u'^e inliiniicy, Inn'an sc.Kual in tcrcour.'ic, ."lid !■•;■; t') indifcroct cr.jii: -.irc ll.jit T talk t)'', i n;c;m h'.:r j.;oinj; tob-MPf. md r.th'V/plac'j.^ with prit'':>ncr S.'.-or was to have tc'iual conncciiin.) i'.'yrn \v-i'nt uCtcr '.luMiudicIno to Dr. J'.ii-.^lt.ini'n iiul ,'1k! ret'iiiM'd •.villi ;■. vid ■^■■It. A ;\,<)n ;inio aflcr that lO cann; toll';; lihniry.I 'ninl: i^ was in Aicil hu^t, .;nd said to ii:c that ,-ho had obl..in"d l-avi^ of a',)"'.:"JO IVuni i>ivs. Mo!il;j,on;e;7 to [!;o to Pl!^>un J [ill, r.-.st I in! {;iI:o her Jii'dicinc. The dccfor .-..M th: t it wur, noen.siry ami i!i;ii the ::l.-o intcail'vl to '■;■) to i^-wantca to be do'.dorod by ;ir. old hniy tlrrc, ol' wlioin f,lic had hoard; ! .<•• dd f Ijo v/islicd i.Ini. M()nl;,oi..' ly and Mr.-. 8aj,'i'.r not td'iiprv,' she w;w :;"oin'; to Swnntou as it \.-uaid cau^o hor to b-j taikud ab.mt, .;;r:li''h:i..l b':.:.i o:\-:^ [i-'cto va'ho-.'t a^y oau-r. I told her that if iho i'.il'Mulod to ;:;o to S-..'wit.'U f^ho liad bi''tor U\\.'.: caro v.hai .''lie di^l. aid run f.o rivkcfli"..' or 1 'jaUo, rclcnin;.; ;it the .same tinieia fatal r.a:-c;!i of which I iiad ictd ; the s;iid .st;c would not run ;niy risk but vasonly i;i)".i!!^ to r;ct ad'.icL; Jind be doctored by the old lady- ro- i'orrod t'). In ji day or so aitcrwards fdic told lue she v»ms ready tO},;o and wished to get .sonio r.ioncy. I sr.id I have not u suflicicnl qu:;n- tity of American nionoy to pay your back wages or to pay y«.iur ox- pcnsc:5 there, and the purchases you iatcnd to make, but I will give I ' J I i $ 4*-- ( I A h( ar CO an St wc roc thi the '— t^i 8. you what I have now „n.1 • oM J; S"":- " "'■«« ^»'^« * 7,i °r '°;r' '■"»si"s will. "» ■BU-I. JMro,l ,"" ' , '";' °" " ««"'■■■>• b.-^- Tl,;,, ^r " ''" "" '"='■1' — t;.i^--:^^'^%^^,-^..„„, ' I' J. 1 to Montrenl to tlio Synod, Myra ».aji up' at nbout five o'clock, ap- jwared to be? well, clioerlul and contented. Karly in tho forenoon Mr. and Mrs. Ha'^cr urrivcii .'il tli'' J'ar.-r.-Iyra rodo homo together in the covered carriage. On tiie next morning the 20t,h day cf June, the* pri.-^oner iSagcr and Myra were down to J'liil- ijisburg at the Parson; ige, before nix o'clock, a distance of about seven mile,-!, whciC they took Jbreakfa.-it. Myra, under pretence of getting Mniu) (h<:>s or articles whicli she wanted during her contemplated visit of a fortnight, whioh she intended to make at Sager's and at her p.irentsat Farnham, packed up every article ,sho HupposeJ that belong- ed to her, unknown to Al'.rs. Montgomery, who was confined to lier bed, her infmt being only a few days old, and after that hurriedly left for home. On the following Sunday, June the 23rd, I received the most iusultiug, black mail letter' wliich T now produce mnrkrd A, this let- ter i.s .signed by prisoner H.iger. The iOtter wn,-! handed to me by Nil.-s I']v.uis, toi^cthcr with tho church warden book. This occurred in the Vcitry before service; Sager u.scd to attend regularly and was one of my Churth Wardens. Tho Myra referred to in that letter is tlio prisoner Myya. On the 21th day of June Inst I sat down and wrote a letter to the prisoner Myra, which I was snti.siicd would be read by the prisoner Sager, in which I expostulated to them on the consequences of the course which I foresaw they were about to pur.'^uo, praying them for their own sakcs, feelings and credit of friends, credit and interest of the Church of (iod, not to do it, at tho same time a.ssuring them that they would never be «blc tc extort a black mail from me to the ex- tent of five cents, lor Ihad violated no law cither human or divine in the matter, and would defend my character, at the same lime advis- ing them to go to some ro.speet.-iblc lav/yor, fihewhim my note and take advice before proceeding any further, and that if they wished to live peaceably with their neighbors, 1 would forgive the pa.st, but if not, the thmg should be pushed to the utmost legal extent. In reply to this, I received tho letter au"' prod.-.ccd from pri-soncr Myra and marked B., signed by prisoner Myra Fuller. I understood the matter to Kettle was that contained in Sagcr'a letter as well as in her own, an attempt to extort money from me? In my letter I refer to tho attachment of my son Thomas to Jlfyra and friendship to the family generally, that is the Thomas referred to in Myra's letter to me marked B, in which letter she charges me with having got her in the family way. On the tweatj-niath of June, tho prisoner Peter Fuller, Myra'a I r r r in 10. Father, arrivedjat the Parsonage nnd was apparently much disappoint- ed in not finding Myra there. On Sunday morning June 30th before Myra's father loft Ic (i,u to the prisoner Soger's house at Pigeon Hill to snc his daughter, I hand- ed hira an open note to her, in which I requested her to try and pre- vail on her father to stop until Monday, in order that they might come down to the Parsonage together, look over her account for wages, and that I was persuaded in less 'han half an hour we could close it sa- tisfactorily, I wanted Peter Fuller, Myra's father, to be present at the settlement as she was a minor and could give "no legal discharge for her wages. At that time I was not aware that a minor child could give a discharge for wages to a certiin amount. When I arrived at the church at Pigeon Hill ou the afternoon of that day, the 30th June, I found the prisoner Peter Fuller there who came as I was getting my horse fastened to the fence imd in a -rery excited manner charged me by .saying : " I know now, the reason why Myra left your house ;" he said that I had had carnal connection with his daughter, since her retirn from Swanton and that she was prc-nant by me. I told him " U is false." He said ho was glad to hear it, but charged me with sending her to Swanton, and that by so doing i had committed murder. I remonstrated with hiTi on the very'"'cxcitcd and incoherent manner in wliich ho spoke, told lam not to expo'^e his daughter's character in public in that way, and tho Church of CJod to such a scandal. He still went on talking loud y and excitedly. I told him I had not sent her to Swanton nor had 1 any- thing to do with sending her there. He said " Was it not your money thatlupportcd her while there ?" I said " No it was her own wages ; that wo were indebted to her at the time of her leaving to go to Swanton, and that we also intended to mnke her a handhomc donation or present on account of her faithful services during Mrs. Mont- gomery's sickncsH. Prisoner Peter Fuller said 1 must now ca.l on him next time, that he would not call on me again. Ho gave me a fortni^'ht til .settle tho matter; he said ho did not hko to wait so Ion-', and that if 1 did not settle in that time, he would prosecute it to tho^utmost extent of tho law, meaning taking legalproeeedings against me. The prisoner Peter Fuller never mentioned a sum of money he only wanted to settle the matter and threatened to pvo.-iocutc me if L did not settle. Un account of what he alleged, was my . onduct with his daughter Myra. • .• I swear in the most positive manner, and without any equivocation or hesitation, that I never lad on any occasion or at any place, carnal connection with the prisoner Myra Fuller, and that it was utterly im- possible that she could have ever been pregnant by me. The matter under investigation has called forth a great deal ottallc and hastcadod iniacrially to injure mo and my character, as a min- ister of the Clmrch and as a citizen. Knowing the facts as i do, it is my opinion that all these circumstances is au attempt to extort motioy from me. Prisoner Fuller aever said that ho had any conycrsatioa with Soger about tho mnttor:- J I 11. Cross-examined by J. O'llalloran, Esq.. Q. C, on behalf of John M. Sneer and Elmyra Fuller. j , I understand prisoner Myra Fubcr has a step- mother ^ hajo un derstooditwa/notplcxsaat for Myr'^ to )ivc f^ '^;™;;^ i ^.i^t^ Time I knew Myra, ias when 1 fou.d her l^^^g ^y^^'^J^'^.'^ ^r Pigeon Hill. At the time I hired Myra sho had "^^ ^"^7^^^^^^^^^ tuno at prisoner Sagcr's but at my ,nU>uu Uon ha^^^ I J-^^J.^ ^1^. they ai'rccd to relinquish their claim lor he b^aancc oi u i. he lived with us. I hayc no knowledj^o she went to her fathei at any other time; she had proposed to go again this «^«'"^°^ but she uo ^uently went toSagcr'Bf .he would go there ^^'^j^^''^^^^,"'^ ^"4^ oa ieek,and remain till Sunday, ^"'i J^-'^/'-'^^'^^l^^^^^ Sundays. I used to take her to Sagcr's o<=°'^f "^^^^^^ ;, ^^^^^^^^ ally I would take Mrs. Sager home from <;»^^;^^,^"^ ^y;^,!*"?.. Jlhome with Sager. Sager's plaee 13 -^^^7 ^^^ r^'Z^n church at Pigeon [liU. Mr. Sager appears to be a m. a^, s^ . m and one would reasonably suppose t am ■. -^y ,'.\"^', =„ -„,,„^c co-uld not walk as readily as a young woman 1 think, on an ay9ia c Myra used to visit Sagor as often as once a fortnight ^"^3;;-"'=^" '^ well as Mr. Sager used to call and see Myra at he •arsonage. Both Mr. and Mrs. Sager appeared to take a «reat interest in ^^f^; J^^' ^ told tliutin July 1871, Sager and his wife cal ed at ^^^ \^f ^"tf^JJ see Myra. Until after the lapse of the tirst nine «^o°/^« ^^^^^^^^/^^t nothing; after that wc commenced to suspect somctlung was wronn. ?1 at is,7hat Myra had had criminal connection with Vr^^^\^^^ (It wa's after j'uly, 1871, that I began to entertain tl'C^^ t"?'^;;"/^) hid not mention my suspicions to Myru, P"^^, ,f J^^J JJ,',"^ other person. 1 did oot mention them to -y -°> ^^^J.^oS^ them to Myraheircll m February 1872. it was pa in t , Bhe made a full confession to me, and in that confession, ^hj^d^l^^^^^^^ tbat she had had carnal connection with Sager. I said nothing abou^ that confession, I was not at liberty to do it. I only onco ^.d Lim tlKU his conduct towards Myra was strange, and '•fl^^^^-'^f/,^i^^Jf^^^^ this rornark was made to prisoner Sager at my place ^f ^^"^S th- time Myra was at Swanton; 1.3 had ..parcntly como for the purpose ofiuquiring after Myra. ♦« „,„ tn nnv one I made no mention of the confession Myra made to me to an> one Dot even to my wife. The prisoner Sager was ^^^f'^.f^'ZlJ^^l church ; I think he communicated in the :burch at ^^^^^^^ ^°^^;^. pion. i had no assurance from Sager, that he bad ^'.^f^^^''''^^^^ tioa with Myra. At the time Myra made her confession to mc, Sager was the people'? cburch-wurd^D. At thoE*8t,r Tnef.tms foUowipg, I ,!>■ ( : 12. nppnintcd him my church-wardcn, I ccd f^ct nobody clso-T an- pomtcd Lira, supposing that every thin- would bo all ri-'.t fo- the, The things which I hod hcnid, scon, and hor continual sickness made mc interrogate i\Iyra about hor connection with Sagcr. The first intimation I heard, was from Mrs. Kccnaa and other people, but 1 do not recollect the names. Kach time that Snger visited at my place, he spent the greater part of his time in the kitchen with ]\Iyra saying that he preferred to bo there. On ouo of those occasions' 1 happcnea to pass through the kitchen, Myra sat at one end of a tabo, tho prisoner Sager quite convenient at tho front of the same table; when I opened the door, his head was down on tho table convenient to hers. They appeared to be engaged in a low and close conversation ; she .sat at tho end of tho table and he .sat bv tho corner. •' I was unrobing in tho Vestry of tho church at Pigeon Hill. Mrs bagcr was within tho chancel getting tho communion plate. Saoer ond Myra stood in front of tho door, leading from the Vestry near the communion rails, Myra leaning against Mr. Sager; Mr.s. Sa-er came behind, and with her hand.s pushed them apart, with a lau-h 111 nrl r ll):.t she mij^ht pa.ss between them. On one of the .,c.;k- dV oecnsions-, vn which I took .Myra to the prisoner S;iger*s, we took dinner tlicrc. After dinner, Sager and .Alyra had left the room where wc were sitting. I was conversing with Mrs. Sagcr, she appeared to be uneasy and concerned about something ; sho asked mc to walk out and see the flowers ; we went out .lud behind a shrubberry at a distance, wc saw Myra and tho prisoner Sager, standing, apparently in close conversation ; shortly after they saw us and separated. Tho last thing I have to refer to, is that at timc.«, when J^fyra would bo at prisoner Sager'.s, I .sometimes saw them coming from tho front rooma together, mostgenerally from the cellar together, looking much con- tused, with a few apples in a dish. I also heard from Miss Charity JJrimmer that a sexual connection wassupppsed toexi.sr between Myra and prisoner Sager ; that Myra's father liad been told of it and that in consequence^ ho took her away one night at a late hour, in the beginning of the winter ; that she would not remain at home, and in about a fortnight, she returned to prisoner Siiger's. I never saw Sagcr taking any indecent liberties with Myra. The sickness I allude to, was the irregularity of hor monthly cour.scs. T hn-^ pre- viously given her some medicine, which I got from Dr. Brigham a.s wdlas a box of pills I got from D. T. Nye ot Philipsburg ; Uiis mo- dicino I procured at the instance of Mrs. Montgomery ; 1 cannot say what kind of pills I had, but they are supposed to regulate female difficulties ; they were in a box. I never procured for the prisoner pills in a bottle like the one now shewn mo. They were in an oblong box I had pills from Dr. Whitwell m a bottle, but the bottle was not hke the one produeed. I never purchased pills in a bottle like Jho one produced marked 0, J l^ad somo convorsatiou with Mrs. *^i Li ere IS 18. Saccr about some herbs for Myra. I may havo told Mrs. Sac^or I cannot eny, that Dr. Brighani Lul the herbs were not strong enough, >^uk I don't rccullect. At the time of tho confos«ion. Myra did not say that she was v^j- nant,but I thonpht it possible that nho might be, which led me to '"nllitrinily 1871, Imado uso of moMucric p^ss.s over Myra, for the removal of pain and tooth ache m the presence ot Mrs. AtonLmery. and tho.ame moans 1 had adoptod with Mrs Mont- ,n"ery and other people. I repeated this ai'tcrwards on d.fT.rent occasions. Idid Huccced in cxcreism- mosnin-ic power over her lor the removal of pain, and to such an extent, ti.at m passing u.y hands over her eyes, she apparently could not open tlicm. 1 ..ever .said that I could mesmerise Myraca.sier than any other person. I never cx- crelsod that meMneric power at any other timo, only when sho was in pain. At times, in ^presence of Mrs. Montgomery. I got her in R„ch a mesmeric .state, t^atshc could not distinguish water trou. wino ^ and imagine she wa. visiting her friends. Once she and I were alono wh.;ir ' my wife wa.', visiting at her father's ; I think it was m Novnnber IH . . I never administered an oath to Myra.except the obligation 1 h' •• ' ' . i' ■ •; 1 " etitedinmy ejramiu-ition in chief, which was in the inu:.!., . • .. bruary last The obligation th... I ru.erto, was lu tiw. ..,, , l,.... Hh. was not to rcvoal anything that I should tell her, m inflation to the .sexual connection between her and prisoner Sagcr ; that I was not to reveal anything bIic might impart to me, except that I was at h- b- rtv to do so for public interest and .self-defence, should slio break her ubli-ation : then sho made to mo that confession Tiie sucret ..that I communicated to her was what Miss Charity JJnmmer told ^Tiiiado payment to Myra of her wages from time to time; at tho time she went to Swanton, wo might have owed her about S.O. At tho time Myra started for Swanton, I gave her SbioO lu Amcncau money. Dr. Brigham told me he did not know what was the matter with Myra, he thought it was something wrong with her blood, i had my Puspicion of her state, but was not sure. I only know that she went to 8wanton to be doctored, as she told mo. The reason why I cautioned her to be careful of her life and health, was that I had heard of people loo.sing their life in having abortion procured. 1 hart tho suspieion that Bhc might go thcio for that purpose, and .or that reason, I gave her this cautioc, altho'. ^-h ^lio d. mo! it to me._ U l^on she was going to Hwanton, I gave her tho American money which she desired and told her that as she was going to Swanton, she h.'id better be careful what sho did and run no risk or health or life, hhe replied she was not going to run any risk, she was only going to get advmo and to be doctored by Mrs. Barney. Then I related to her the in- stances of people of which I hud read, loosing their lilc by having abortion procured. She did not wish that Mrs. Montgomery or Su^cr should know anything about where sho was going, least she I fi ''^•-'V, 14. fihould 1,0 tnlk-cd 01 18 8ho InJ before br^n without cauao. I don't know If rmy bo.ly know of her troii.? to Sw.mton, but uivsclf nnd pcrlmi.s Dr. Hn-liain. I liavo rciM to boliov. lint TJr Mrj,.' •„ knew tlmt she was ^^oinc; to Swa.iton. i Jo.i't know what ^uo went to .Swanton for, an.l I don't know what belief I can have about it an tho HtonoMaro so ooriflictirifr. I know now by report that there is Buch a man as Dr. Morrcllin " Swantou I m.vor .saw tho wan. I havo hoard hi.s wife is some rda 1.00(0 Dr. Hnj:h.a,n, I h..vo hoard a Dr. Hourdun is livin,' in Swa„. ton. I have hadlcttors frr.m h.m. JIo claims to have r. .. J.rod profess, loi.a H.rsuv.. Mnioaudl.T, written Icfters which I havo nu objection "to }.foduco anu I do produce) th^m marked ••" 1-:." 1 also received n ot tor from Mr. (Tllallor.an as an Attorney for Bourdon, i^^ldinL" payn.cut of an account. I received letters from a person stTlinc him- Bell Dr. Bourdon demanding payment for some professional serviccB • hcisft stranqertomo; I c:muot ima.^inc what ^•erviees ho referred to further than h>s letter.. lie rdle^cs it is f.r scrvi.e.s rendered to >x,^n,> chamber maid; 1 never directly or indirectly paid him anylhin" oa^iecount. I never heard thcro was such a man cxistiu" until Mvra reUnrt«dy;rotn Sw.anton. I g.ivo Dr. iki-ham $;-J0 to place to mv .•.•.•o.t.u1,o.^l,owas^;oinp to Sw.anton, out of ^hich ho w.Wfo .^ivo .,.. ■^^\: •!'.'»>•' ^h'> rofiuircd and that wc would .>e made no demand for wa-es. Myra Fuller the prisoner up to flint lime hid f Eiacje no demand of mo for settlement of her wages. If Dr. IJrigham gave Myra the $:]0 at Swanton, we should not have been indebted to her at that time for any wages ; we intended to make her a ; donation for her kindness during Mrs. xMontgu..',.;ry'a illno.So. It w.is under- stood that if she had been over paid she was to work it out on her return. So, possibly as far as wages are concerned she was over paid. Neither herself nor any other person on her behalf ever asked me *° Mtc^r ■ she had left my house, Sager and herself were making a lav-c demand on me for money, for pretended wrongs done by mo as set" forth in letters produced marked A. and B. The letter marked K was dated the -^'Jud day of June and tho letter B. was dated tho isth and cost luarkcl the 2Sth June, last. I received the letter post marked tlic 2Sth on the 29th of June. Being shown letter marked T'bearing date the 30th of June, it is in my handwriting and addressed to Myra Fuller. Question — Vou have said that you owed Myra no wages, neither she nor anybody else had laid claim to wages, no demand was made UDOU vou except for pretended wrongs you had done to Myra. ^V hat is it you were to settle iu half an hour so that you and Myra might part amicably and honorably ? Answer. — Her wages accounts. Qujstion—y^h^t dispute was there about the wages account : she haviup; been overpaid and asking no more ? AnsR'(;r.— There was no dispute, but I wanted a legal receipt which I suppose she was not qualified to give, _ I never stated that 1 sent Myra Fuller away from my house fearing that she had symptoms of small pox, and I never gave that as a reason to anybody why Myra left ray house to go to Swauton. I concurred in givinc the impressioa to Mrs. Moatjjomery that Myra had gone oa ..J »»-^ •^^ 16 PcterPuller, by his Attorney W W T . i r. • oross^xamine. ^ "^- ^^- ■^J°<''>» Esquire, declines to ton ia 1848 or 49, and was acc^s S^^^ my family and members of ^7^2^,]'' T'' ^'' ''^'^'^ of pain in of relieving theaufferinga of my tc w^M and f'"'5'-/ ^^' '^'' P"^P««« resienation of mv T?o«?^- i • ^ , °° "^"°d it effectual. TIia Signed, tt i.r Acknowledged thi» 6th Sept 1872 MONTGOMERY, % (Signed) Sam. W. Foster, District jyiagistrate'. mm •« 4 Mrs. Monlffomory's Evidence. The deposition of Eliza Mary Slack wifa nfth. p' Montgomery, the last witness, being duly sworn doth 7'"'°°^ .^^"«^ I know the prisoners Mvra FulJPr fnr2^ i ?°''^,<^°Pose and say : for us. She coinmcnc^d to fvc w h nf- Q ^."''? *° ^° "^ ^^^^'^"t g'^l ed with us till the iS h of June as? \^ ^'^^'T^"" ^^^^ «'^»'« ™JlWog strange ia -B not .1,0../ On 'tl,t-"' 4 r„°/'°M,;° , "f S?'"°' ''"^ came to our hou.so ihnnf *.n ; ;. ^. "^ ^^S*^'" '^S-i"! missed Sager and Myra fron^tt r • '^" ""''"'"?.: shortly after I , n uv u^_i„..,aacl eE4aired alter them of Mr. Mont- .*. ^.1 J gomcry. 11 f in my bcd-r( !■ and were cot I I slmt the di I; for iMyra to ■ proper for £ tornoon Sag coming to tl the 3rd of J with me t( Sagcr and 1 she being sii i minutes. ] ■ Mrs. Sagcr there about S!u,'er went ' ply. I thci I the same ch me and left On the 1 I real, the Sa{ SCO any thin witli them ; was carryin bclbre six o came tt) ui) I during the came in an( I found oul by my own away all he When I Jllyra, I mi cd ^[yra a] Mr. :\rontg spoken ot, monthly co I remcmbc when one 1 Prisoner found that morning fo On the i Btiil ab'icnl say it to re asked m» ' did not kn hur there," 17. cominj: the 3rd of Juno, Mrs. Sagcr WM with him with me to ilyra's room, Mr Mont Sagcr and 1 sat upon a loungo aud Sa^er on a -i_ 1, .:..,. „;«1- r,^ tUn t\r\-,r, find tT7f> rr'ninitiod c. joinery pomcry. Uc did not know, and I finally found them after some search in ray bod-room with the door shut ; they "'^re soatcd by a table and were conversing together ; I said, " I did not know you were here," I shut the door and left them. I wauld not have thought it strange for iM'yra to be in my bed-room, bat 1 thought it exceedingly im- proper for Sagcr to bo there. Neither made any remark. That al'- tcrnoon Sagcr took Myra out for a ride and ho returned home, not to the house again at this time. Ho camo again however, on The/ both went up-stairs was absent. Mrs. chair by Myra'a bed, Blic being sick at the time, and we remained conversing about twenty minutesr I had occaMon to go down-stairs, and after a few minutes, Mrs. Sagcr came also, leaving Sagcr in Myra's room. He remained there ab'out half an hour with Myra, it was getting late and Mrs. Sa!,'er went to the foot of the stairs and called Sagcr. There was no re- ply. I then went up-stairs and found Sagor in the room sitting on the same chair neai the bed ; he then turned with his br.ek towards me and left the room. Myra looked very happy. On the 19th of June, during ]Mr. ^routgomory's absence in Mont- real, the Sagers came to the rarsona;.,^-. Timy stayed a day, but I <_'.id not sec anything wrong, as I was cick in my bed. Myra returned liomc with them about live o'clock, with my permission. ^ Myra's leaving was carrying out an understanding between us. The next morning, bcl'oro six o'clock, Myra and Sagcr returned to the Parsonage. Myra came tO my room and said she had come after some things, to sew, during the iwo or three weeks she expectod to go to Farnham. Sager came in and pat down ; they then had breakfast and both went away. I found out the samo day, and by biing told a few d.iys ofterwarda by my own observation, as soon as 1 got well, that sho had taken away all her clothes on the occasion of her coming with Sager. When I speak of improper conduct between prisoner Sagcr and Jfyra, I mean conduct that is .auspicious between the two sexes. I notic- ed .Mjra appeared to be ill in the early part of the winter ; I requested Mr. ilontgomcry to .speak to the doctor about her ; the sickness ?pokcn ot, W.1S as I was told by jlyra herself, tlio irregularity of her monthly courses. I saw the medicine the doctor prepared for Myra. I remember that sho had two different kinds of medicine to take, when one kind was finished, the Dr. guvo^'^r anotiior. Prisoner Peter Fuller was at our place during the last of June and found that 'Myvck was gone ; he stayed all uiglil, left tho next day morning for Pigeon Hill. On the 5th of July, Peter Fu'.lor returned. . .Mr. ^Nfoutgomery was still absent from home. I said if you have anything to say, j-ou can say it to mo. He appeared to feci bad, but was not excited, lie asked mft" Did you know why Myra went to Swanton," I said " I did uot know, I only mistrusted. Ho said, " Mr. Moutgomcry sent her there," and he wished Mr. Montgomery t-o do what was just and ! .1 I V r I $ h ' u N ,' \ ^*JV/ i A- 18. hasonablo ; I understood it (o mean monev • ho did nnf m„r.*- any part cular sum. I nuid what if.Mr. Men Jomory wJl " TlZ you call just and reasonable ; he replied ho wodrpr!e ed to fho kw and he did not say any tlung more. 1 questioned h m in rlrd to a W^ alLTadMr:?'"""°. ^'^"'^^"' -»^- MyrTs'^d h it wL all fat. I^^^^r^nce'B name was Cornell ; he' replied that Cross-examined by James O'llalloran, Esquire, Q. C My family and prisoner Sager's family exchanged visits' I never saw Mrs Sager at our house before Myra came ; 1 don' remember Them aUi;u?eF\r "^t' ^"'^ ^'''' '""^'^^ ^ ^'^^ previoS;rea An^nnf . ^'"- ^''o'cr was ucvcr at our house but four times 1 cannot say how many times prisoner Sager was there Mr hZl gomery invited the Sagers to come to ou^ house, they came n March f- r^^^^;^:Sr ^-'-^^^^-i^wasforthocSCr hni\"h""" ^-If ""'"\:^ «^, F"^bruary last, no one came to our house a, T had the sma 1 pox but letters came and went ; (lettor« fvlcd b; The prisoner., and marked S, in the hauU-writing of lUr. ^ onf:om.Ty ) I UHcatoa5k Mr. Moufgomery. to take Myra up to the fe'crs oa a Sunday, because .h* would he bettor nalurcd during the wc : and hi. doing so wa. partly my fault ; .he did not luolTupor W an her home, she ahv.-.y« spoke of Faniham as her h^e • Kl™ though Hhe looked upon the Sagers as friends, aud on account of hdr being older than herself looked up to them She was never called Myra S.ger to my knowledge, at Philin.bur- It was understood when she came to live with us she'mi.'h otum t^ bagcr's whenever they wanted hi^- *^'k.o,. f^^i- \r ■"' '^'"'" '« tu^day in the fall of fsT^o looU^f U^^^^^^^^.^S.: ^^ bctore she left lor good ; Mrs. Sngcr w..s with'him h n he'to kt^ Jnl ^I n n T; ^ .V'' '^'f- ''''' ^^y'' ^" J "^^y l^^^^and talkinralone but 1 bought no lung of it. Prisoner Sager used to follow K and eemed to prefer her company. I. thought^tbey were good fS« br a long tunc; I su.peeted nothin: Myra was oitcn i,. 11^2; rv and out; sh. never took her work there to sit, only wh.- ' " w .^ sit theie in AJ.ij last, because it was a warm room. I do not rcmem- b r her reniammg lu the iibrary after I had gone to bed I m ^- ber my husbr.nd used sometimes to mesmerise Myra ; my ImsbaTd toldme she was a good subject for mesmerism, and he eSi Tmes mer.o influenee over hor to relieve pain ; wi>cn Myra w.'s u der tl c influence of mesn.ensm, he could nuke her believe one 1!^^ [s an other ; he could shut her eyes so that she cuM noto^^n hem Mv Lusbaud wo. kind to Myra, but to my .oHai.1^noltd%Z n.fl J ^l to 19. liked her looks. Myra used to keep houf^c, so tliat I could go to cliuroli 01. a Sunday iiiorniii;^ at I'liilip.'^^>ur;;; oncaslonally in tlio af- tcrnoou, onoo in three or four weeks, Myra went with Mr. Montgomery to church at Pigeon Ilill. When Myra complainod of being ill last February, my husband told me rIio had conferfHcd her intimacy with Sagor. Mr. Monf;,'omery did not tell mo that Myra was in the family way. Mr. Monti^nmcry pother a box of llcrrick's pillcs and SJv. Brij^ham gavchor two kinds of medicine to ray knowledge. When iMyra, left our house to go to Swanton, 1 understood her she was going to I'igeou Hill; my hus- band took Myra with him from ourhousj lo take her, as I understood, to Pigeon Ilill ; I was deceived as to where sho was going. Prisoner Sagor came to our place about a week after, intjuiring for Myra, that was the xirst time I heard filio had not gone to Sagcr's; when Sager learnt that Myra had gone to a place unknown to mo and hinisrif he manifested too much concern', I manifested concern too. 1 iinuio- diately cntjuired from my husband what it meant. My husband did not seem to know any certain place whore she was gone ; tlie explaia- tion he gave me, was that he advised her not to go to the Hill, as she would bo taking medicine and take cold ; that she had gone to a place where she would ho well taken c--:. of ..nd doelunul ; iiu did \,>i say whore that place was, I frequency asked him to toll mo the name of the placo ; he said he did not know where it was, but if I wished to know, toask Dr. Brigham. I do uot recollect his giving me to un- derstand that i^Iyra was on the other side of tlie line: I do not be- lieve that my husband had any communication with ^fyra wliei)^ she wa.s on the other side of the line ; ho told mo she was coming baek, sho having only a leave of ab.sencc for a fortuight. Wc were both surprised that she had not returned ; a short time before I\Iyra retiinied, my husband told mo sho would come back on a Monday, but sho return- ed on a Tuesday. When slio returned, she looked pale, bat had been looking .so ail winter. A day or two after her return, she was obliged to take to her bed. I do not recollect my husband requesting her to write to Mr. or Mis. fiagcr to come and see her. Jieforc I found prisoner Sager in my bed-room, as I had stated in my examination in chief, Saircr, Myra and my husband were convers- ing tog'ether in the sitting-room, the door was open and I did not pay much attention, and I do uot know what they were talking about. I am not aware that it was at Mr. 'Iont;-imery's request that prisoner kSager and Myra went to my bed-room ; 1 only know that 1 found them there, the door was shut, and that Myra was resting her head or. her hands. I do not remember seeing any tears ; I remained there long enough to open and shut the door. Sager was sitting in a chair and Myra was sitting in a chair near the corner of the table. I y.ad " *.)h ! I did not know that you were there, "and shut the door ; I did not sec anything improper, w; i the exception of Myra taking pris- oner Sagor to my bed-room without my peiraission. I am not aT/aro that Dr. Brigham oxamincd Myra ia the library, before shfl went to ^ '* \, V, 20. STvnnton. I know that they wcro both there alone. I inado flomo ro- uionstrancc to my husband about it, ho naid it wis all right and not my busincsa. I know my husband UHcd to send letters from tho Sagcrs to Myrn, and I used to road them myself if she nhcwr'l them to nic. I Raw my husband on ono occasion, when Myra was reading a letter from Sn^cr, snatch it out of her handn, but l-tliought it was a joke, Myra used to f»o to the barn to milk the cow, feed the calf and my husband had to go to assist her, a short time before she went to Swanton. Qiir.gtion.—Vi'aH not Mr. ^lontgomcry and Myra in tho habit of going to the barn together at times when they were not required to milk the cow and feed the calf ? Answer. — They sometimes wout out together each with a pail of water. Qiirxfinn. — Was not tho coincidence of their both going to tho barn at tho same time, so marked, that your attention was called to it by an inmate of your house ? Answrr. — A friend mentioned it to mo onco aa a joke. QufMwn. — Did you not take it so serious, that you had once started out to the barn to sec what they were doing ? Aiifwcr. — I started to call Myra to tret tea, Mr. Montgomery was in the stable at the further end, and Afyra Icanmg against tho stablo door, with a pail in her hands. Qurgti'nn. — Do you swear, that you saw nothing in tho intercourse of Mr. Montgomery with Myra, to excite your suspicions that they had had improper connections 7. Ansircr. — No. Qiiesdon. — "What explanation did Mr. Montgomery givo you of tho deception practised upon you, when he lead you to believe that ho had taken ^Fyr.i for a visit to Pigeon Hill, when she was actually gono Bomcwherc else ? Objected to by Q. C V. Buchanan, Esquire, and maintained by the Court. Question. — Did Mr. ]\rontgomery deceive you as to where ho was taking Myra, when she started from your house to Swanton ?\ Objected to and maintaiucd. !Myra used to occupy a|bed-room o*cr the kitchen usually and until after her return from (Swanton. Question, — Did you|not frequently complaia of the influence which Myra exerted over your husband, that he would do that for Myra, that he would not for you ? Ansice)'. — I may have dono so, but if I did, I never men: t it in earnest ; I never really thought .so. QueRfioji. — When Alyra was sick last spring, did you n 'i-j say to Mr. Montgomery that you thought she was in the family way and he denied that it could be so. Answer. — No. I never said so, but I once had a suspicion which I communicated to Mr. Montgomery, and ho said, ** Oh. indeed 1" >iiMRwpfva«*np«iir' 21. When Myra loft for Strnnton. wo might, have beer, indabtcd to her between 88 or $10. She used her w.<,'o« from time to timo, except in J.0 winter; when nhe left in Juno lasS 8ho mado no demand fur wanes, neither did her fath-r (hniand an" of nic. W. W. Lynch Ksq., onthupnvt of the prisoner, Peter I'uller. do- ohnescrosrt-cxumination. ' UK-HXAMrNEI). It WM n«ual for Mr. Mont;,'omcry and myself to troit our .sorvr.nt* kmdly and to look after their interest. 1 ha.i very kind feclin-s to- war ds Myra, beeau.so ^hc attended to mo during my illuos.s ; wo were in the habit of Hinging together. Mr. Arontgomerykcpttho wngos account and ho anything that I might have .said about it was only my impression. 8inee the login, ning ol l-ebruary la.st wc had no man H..rvant or boy to do our chores and Hinee that date Mr. Afontgomory ha^ done them. I saw nothin-r Auspicious in Mr. Montgomery ".s conversation with Myr.i • ho was X ways free and sociable to talk to everybody in the house ; she was more or less in our company, as she assisted mo to take care of a v.mn- child and as wo sang together, often sat in the samo roor, ; an addC tional reason for our being so intimate with the girl was, she was very respectably connected as I understood ; wo both were very gratefid for her kindness during my sickness and wo int<^nded to make her a present. * Further deponent saith not. Sworn tn, &c., 2oth September, 187-'. [Signed,] Sam W. Fostkb, Esq., District Magi.>,trato. •aiil?': '" ^'^'''""''> «^ «^^^nton, Vermont, being duly Hworn, 1 know Myra Puller and the Kcv. II. Montgomery ofPhilipsburL' Myra r uller was at my house in May last ; .he" was Jick Vh e e Dr Bourdo„ and Dr. JJrigham both attended lo her. Jfer sick le's" wa; ennsed by her eoni ncment ; she wa.s delivered of a 1 ildatmTl oul «;' TATmt'h':? '' %'"' accouchement ; she rem.ncd'Jhrr or' our (laj.1 at my house after M.e wa.s confined. Dr. Dri-diam camo see her three or four times before .she wa.s confined an 1 o ro.iuos ed her to go back to Philipsburg as soon as she was confined Sri quested n,e to go with her. I went with her and ook he r „ M . Montgomery's, she was very weak Tho child of which she was delivered, was of a premature birth When we arrived at St. Armand Station. Myra spoke to a gentleman there of the name of Bourret ; he got a conveyance and took u.s to Mi £ r%'L^f ",' ^ """^ \''°^° «" a^Tucsday and St on a baturday. The family were glad to sec Myra come back. .Mr Montgomery took me out to ride once while I was there I had eon versatious with him about Myra, and about her coufiuemeat he also 22. be well paid. I could not tclWou Z L ^^^.''"^° "''"' ^ «J oulJ when wc were driving, and I oaunot.:. ''''''^'"^ ^° '^"^ together because when we pated .60.^0 inl/? °°« "onncoted form affa.n as wo got b>.' I oaS^^n^^ ^l'"^^^-?, comment Mjra had had a hard time when bZ wL «"^'. ^^^ ^^^cd me if bow long she was sick, and if I knew fT '°°l°*''^' ""^^^ ^o know h.m I did not he a.k'ed who buried i 1 o Z 'I '^' '^'^^' ^ '°'d done w,th It ho told me it wa., h Chi d ""' what thej had I returned to tho station by sta^o .n^ i ifontgomcry since, I have not «Pon^ i^ J'-''!° "°^'''' «««« Mr wah him. Whenlrcturn d with Mv?;* tt'"'"'" «'"^° *« «p' ^ I was to return with was to Jmnl ^. ' . ^^'^^^^ assigned whv CROSS-EXAMINED. W:L%Tstnl"°T?or ^-^-^> I>-d L. your house for^io- ^ fcS::i'^ii?r5ir,&J^^'^ ^--d I do not. Bourdon. *''°' "'''* ^^^ bave had connection with Dr tbafrr-^ifhSb'^Lim''"' '"^^ ^^^' ^^- ^o-don boa..' be confi °e1 oVt ht^ araToftirrcuIef ' tT' * *° "^ '^'^ ^^ la Swanton, and have lived in Swnn^ton r * ^ ^"'^ "''''' *be depot youngwomin confined in my wl^tlrZ/r T'^^^^ ^»« "° »ny house to be confined Acnt)LLTT^l''^'''' have been to only girl that has been conned in ^nvT*'^- ^^y.'^ ^'^^^^^ "tho been brought to be confined LtyZ,'^^^^^^^^^ women have hufiband. I assiflted at Mrs Witrhpll-a «* « " ^"^ '"'"•- ° ^'"O'n ^J she requested me. It s not a flet thy'^^T^''*' ^^'^ «° because resort for women, marri d o sinS llTLTlu'' ' T'""^'"^ say what was chartred to marrJp^ L ^ ^ °^ children. I cannot house for their coTfinemenT a llrZS/'^' .T**^*^ '"^'"^ '" '"y ' • T do not moan tBat wo^entVoom ^^'Sv^'^fo '^' "" "^ \"^^^"^ ^ fined. I cannot eav the dtitanf-ihl ^ 1^ , ^^^ ^°™<'" to be con- * house. She cam7to mv houslthrn""?'^ ""i'" ^^^^'^ ««">« to my , to take her to board un^U she wn ^^ ?' •^."?''^°''' ^^° "^^^d me \ hesitated, but finally toSk her Z V'".^^ T'*^ ''?'" confinement. T ' bargain ;'he said thrsirl would nrobaM^l'"! "''''''^ '^ ""^e the ' 1 I 23. woolc ; Dr. Bourdon requested mo to go to his oiBcc for Myra and 1 t. )k hor to my house. Myra did not pay mc, but said Mr. Mont- gomery was to pay Dr. Brigham, Dr. Brigliam to pay Dr. Morrell, Morrell to pay Bourdou aud Bo-,loa ./ao in pay mc. I noticoJ tl.at Myra was in the family way, she ramalncd three weeks and throe days in my house ; she was confined on a Wednesday mornin- .ind went away the next Tuesday ; Dr. Bourdon attended her. I can't say when L»r. Bourdon came first, while Myra was at my house, I think it was a week after Dr Bourdon came to see Myra on her own account vrhcn 1 called for him, and the first time he came for her, he came on Monday noon, and she was sick untilWcdncsday.until she was de- livered of a child ; she remained with me two or three days after she wa.s delivered of a child. Dr. Bourdon came Monday noon, stayed Monday night, Tuesday night, and on Wednesday morning the child "if-M ";. ^r^" '*''^ ^^° thought she was passed five months with Child i^r. Bourdon only saw her and attended upon her the throe days that I am aware. I saw myself that she would bo delivered of a child ; she was not sick in bed. Dr. Brigham came three or four times 1 had seen him before and he had conversations with Myra in my presence, ho went into the room alone and talked with her ; but I heard the conversation ; ho said, '• Mrs. xMontgomcry is very much troubled, to know where you are," and " the quicker you go back the better it will be," ° ^Mr. Montgomery took mo to ride on the Friday before I went homo 1 think ; wo drove about two hours, he first drove to the hke. I thouglit he would go down to Mr. Strite's, but he did not. T „ ;' , , • u', ^y^*"*''' '^*'"' *" ^^° ^^b'* 0^ going out, ho said " Xo. " 1 a .cd lum 1 he knew who was the father of the child, he said ho was, d nr';;' l" °',° ^' T'^ ^^' ^"*^«'" °^ ^^'' ^^"''i- I attended to Myra ClTi'''^"^'-'"'^/''''""^^^'^'''^'^^^'''^^"^ ''^^y house. Dr. MvnfolSn^ her any mcdieiuc, e..ccpt somJ to quiet her. deliver^ P 't'TIu^, '"^-^ '^'""^ ^^'^' ""'' ^^c reason of her bcin? delivered of a child before time. 1 don't know of anything else. " HE-EXAMINED. wf/noJ'"' *''''''° ""''"^ ^^""'^•'^y '^^^'^ ""'i^^s delivered of a child Ki; f trak.'"^' ' ''"^''^' ""^^ ''''''"^ ^'' '^•^"'° °" '^' «^^' whi^'ll^^ Montgomery that " wa.s an old friend ofMyra'.^, that when I had met her at the depot, I told her something about a wo- sad to Mvr/ir "^ ^""^^' ,'^"'"S ''"• ^^-'tSomor^y, that I Zt sa Id to Myra If you are not well come homo with me, I know a wo- man there that would doctor you up. I also told her Myra came ^r]''''^\I^^,'^^^^^-^^rncy doctored her, and Mrs. Mo/tgomo^y herbs ZArV "" \f^' °^^ ' I ^^P'^'^J *^"- Barney ga^vchcfr S mi /''"''"; r" "Sht now; that is all I told her; she asked mc questions and I answered them. The story I told Mrs. Barne% ffir? ^t^ ^^^^"S^am requested me to say that Mrs. Barnej had doctored her. My maidca name is Cornell and I was :i mmm ^ p wn in. I j piii m^mpymi w wn p. |i » ii ip 1 ^ 24, born at St. Albans's Bay, I lived thcro till I was married. I have been married eight years this November next and I lived at St. Al- bans' Bay a year perhaps, after I was married and then went to St. Albans and rented a house from Mr. Brainerd a year or so ; t'..cu I wenthomCBick to my father's house, afterwards 1 went to Alburgh to Mr. Philip^then I came to Swanton, I think it is two years ago. I don't know a man of tho name of Scovey of Lowell, Massachu- Bctts, and I don't know a man of Brown or Glover of tho same place. And further -deponent saith not, &c. (Signed,) Mrs. EVELYN C. LAWIiENCE. Sworn to, &c. [Signed,] Sam. W. Foster, District Magistrate. Mrn. Rclinda Ilutohliisoii's £vi(lciicc. Belinda Hutchinson, of Philipsburg, in the said District, being du- ly sworn, doth depose and say : I know all the prisoners. It has been my custom to vrork at Mr. .Montgomery's ; Myra was at that tune servant girl there. I worked at Mr. Montgomery's durin" their absence in Upper Canada in June or July, 1871. Mr. and Mrs° Sager came there and took dinner. Not long after dinner, Mrs. Sagcr went away to Mrs.- Whitwell's, Sager remaining visiting' Myra Fuller alone ; they were in the front part of tho house an J garj >u • Sager went away sometime during the evening. That was tho only occasion on which 1 saw Sagcr and Myra alone. In the month of April last, Myra Fuller told mo she had taken cold Bnd did not have her regular turns ; I advised her that she had bet- ter see Dr: Brigham. Myra told mo that after she came back from Swanton, sho was bet- ter ; she told mo that a Mrs. Lawrence had doctored her and given her Archangel. Before Myra went to Swanton, I suspected she was in the family way, from her look and appearance. OROSS-EXAMINED, When the Sagers visited Jlontgomery, they wero received as friends of the family, they appeared to be on intimate terms. I re- collect, that on tho afternoon ]\Ir. and Mrs. Sager were visiting at Montgomery's, that they and Myra went to Mr. Carr's. And further deponent saith not that she cannont sign her name. Sworn to, &c. [Signed,] Sam. W, Foster, District Magistrate, I»Ir. Itoswcll I'atcH' Kvldciicc. Roswell Yates, of St. Armand West, in said District, being duly Bworn, doth depose and say : I know J. M. Sager ; I have seen Myra Fuller; 1 know the Reverend Hugh Montgomery ; I was pres- ent with Mr. Montgomery when he hired Myra Fuller. I understood that the agreement was that sho should go down on a trial and if liked to stay. If Mrs. Sager wanted Myra, she was to come back when required, and I understood Mr, Montgomery nfTrecd to that ai- :l m^mmm^m It 111 if: ranKcmont. The bargain appciirc.l to be luo.slly made between Mrs. S;ijcr and Mr. Montgomery. CUnfiS-EXAMINET). ItmiHit have been said tl.ut Myra wan to f^ive a fortnisbfs notice before leaving Mr. Montgomery, but I do not recollect. ^""^ fSl^red,]'^'"''' '"''^' ""'' ^"^ llOSWELL YATKS. ^''"^'I^I^Ta',) Sam, W. Fostkr, District Magistrate. Mr. 5>. T. ««• '^y*'*'* l'Vh!cJice. The deposition of 1). T. 11 Nye, of Philirsbur-^ being duly sworn, dotl dopole and say : i reside at I'hilipsburgh. I know the 1 - rend ui-h Montgomery. During the last winter or sprmg at I \nU iiiel°umau-ader, Isold medicines to Mr. Mon gomery riifent times. From the first of January to thi. '-;• 1 ^;>. ^^ know if 1 sold him any niodieine during th. month o . '"^^^'^ ^ ^^ ^ in the later part of December L sold him a box ot pilb , 1 might L' s iThim more than one ; he has been in the l-^i o W^^^^^^^^ pills from me at various tin>es. 1 sold him one box of Uaik ..pis Sb u the 27th of December last. They arc not he pdls as adv - tised Job Moses- pill., (hoy are .Sir Jame.' Clarke s pill foi emale irro-Milaritic.. That is the same kind of nottlo, now prouuced, lUt L l.avc.soldtoMr. Montgomery; he told mc hewantcdthe.se pills foi the servant girl, that .she was not reguhir in her monthly courses and that tlie.-e pills had been recommended: CHOSS-K.XAMl.VKI). Mr Monfomory bou'.'ht pills several times from me, he bought llerriok's pills 1 am nut sure nf Colby's ; he lu-s bought other pills at sovev.a times ih.it would .^i-rv the same purpose as Clark s. .^Ir. MontLa.mory .-.^kol me v.l.at would b. th.^ b.-t lor omale irrcgu arity and riTComuicndod Chnk-s pill-. 1 have sold C ark s pills lur twcn- tvvoavstoauy persim who a.4;ed for thrm. i nm u druggisr and would recommond those pills lor t!ie purpose they are rocommondcd, as appears on the bottle, viz : female irregularities. I am not aware that those pills would procure abortion r. J. H. llriKliaiu*.s ICvitlctaco. J. S. Bvighari), of Philipsburg, being duly .sworn c'otli dopose and say : I am a Physician and Siirgcon, and reside at Pliilipsburg ; I know prisoner Myra Fuller and the Reverend Hugh Montgomery. The first time I saw Myra Fuller, was when I attended Mr.s! Mont- gomery for small -pox. Mr. Montgomery told me that Myra had not come round regular and he also said 1 have been telling Myra that "1 thought she had been having a clandestine marriage." I did not administer any medicine or give her any. Previous" to this, Mr. ^lontgomcry came to my house and said that Ih-n. Montgomery had sent him for some medicine for Myra, because ,shc had not had her monthly terms. I asked him what was the matter, and ho said she had taken cold ; I told him she had better take .some tincture of gum guac. 1 did not have it and told liiin I thought he could get it from Mr. Nye. He came back to me within a tew days, saying tliat Mr. Xyo h;id none. I ti>ld him I could send to St. Albans or Swanton and procure .'ome, which I (lid. J gave it to him with directions, that was before I ever saw Myra. Tlio second time 1 saw her, was in i\Ir. Montgomery's library, when she was in therewith mo. i w.i.s in the l.ouse on anotlicr occasion, and Mr. Montgomery, in the pre- sence of his wife, asked me to see Myra in the library ; i 'I'A see lun- there. Mrs. I^Iontgomcry did not object to my being with her in the library. We s.at down, and on a.sking lier how she I'elt, she said .she did not feci very well I did not ascertain what was the matter with her. The next time I saw her was in my surgery. , I was coming up the street and I met Mrs. If utcliinson and she wanted to know why I did not give Myra some medicine ; becau.se she was bad. I told her it was the same distance from Mr. Montgomc- , ry's to my surgery, as it wa.-? from my surgery to Mr, Montgomery's in np tolil and if bIio T\.'»ntou Homo modicino, slio mi^hk como to my nlTico. M^'r.i cnino, and T rcqunstoil to spo her breast; shn ))artly pulled nifthor ri;;lit breast. I think and I told I tlioiii^lit slio was in tlift family way ; sli(! said slic tIio\i;;]it slif> was. T did not j;ivo lior any nioilicini\ and told I could not f^ivohor any, at ti\o same time s,i;^..^ to h.'.v, ji^'ilrijis Mrs. Mnnt^omoiy would think T. would not givo you nny, you bad bottcr take this, sbow it to Mr. Montpioniory and send it back to nio in tba niornin;,', banflin;,' li(T a littl(M;ou;,'li niodioino. Mr. Monti^onic- ry brouu'lit back tho nicdicino tbat t bad f^ivcn bcr in a day or two, and I did not bavc any ooiivorsation witb .Montcroincry about Myra boinp; in tbo lainily .vay that I i-(!(!olloct. When Mr, .Moiitguinory brou;,'lit tbi'iiitdiody would be thereto rccci'e luT. On my rt^turn home, I C'>mniunieHt«'(l this to Mr. Nritit;:oiinTy. I bad no communication ab ml it with .Myra. I did mit soe b'T for two weeks al'tt r the tiiuo she was at tbo s\ir.;ery. On returning from Alburt-'li, I stayed at Swauton, when \1v. Morrell told mc, that Mrs. Lawruner bad lel't word witb bim, tliat there was a woman at iior bou!»cthat wanted to lr,s. Harnoy had t;ivon lior horbs. I understood from Mr. Montgomery that Mr.^: Montjionu-iy was very uneasy about Myr.a ; ho told mo th .t Sa^u-r ban boon down to his placo and kiokcd up fi groat row with his wife. I know |)r Bourdon at Swanl^i : [ don't know if ho attcndod Myra whilo she was at Swanton, at least only from what be sud. lie told me so HO about thrco wcckfi afterward.-. Dr. Morroll is my second counin. I received money from Mr. Montgomery to send to parties in Swan- ^n on account of .\ryra ; I received .^80 from him two-lilferent times. 1 ho first money was .?r)0 cneio.wl for l)r Morroll; the other s;{() I sent to Dr. Jiourdon. F rooeived that money as I understand to p.ay Myra's expenses, .^c. I am not positive how Ion- .Myra H.iyed at Swanton but I think about four weeks'. Dr. Tiourdnn s:iw mo at Swanton about three weeks afterwards and naid he bad a bill a-ainst Mr. Montgomery for attending Myra Fuller, 1 told him lie had bet- ter send bis bill to Mr. Montgomrry. Ho .jid so and afterwards wrote luc a letter saying that be had no answer ; subsequently In called at my bouse at Philipsburg sayinp; be was i,'oiiig t) call on Montgomery and I di.s.'^uad^l i.i„i from doing so. It was after tlus that the ?:!() was f-cn^ ih. iJourdon. Tiic first timo 1 wont thcro Mrs. Lawrence wanted some money. T borrowcil $2 and g.avc her nnd she wa.s to pa-j the money back to Dr. Morroll. , flldss-KXAMINV-.n. I won t swear that Myra did or did not ask mo some place to go, WhenJ)r. Hnuvdon talked to me about the money and his elaim, 1 asked him d be knew Mr. .Montgomery; be said bo did not and and tinf Mr. Montgomery had never employed him. When Mr. Monti ^y gave me the money I have spoken uf, ho , said it was to pay Myra B board and any purchase thai .she miixbt make. When he gave the money ho said, " I do this because '.I owe Myra wages, that .■^bc was kind to ns during the smallpox and I dont know wliat wo would have done without bor." On her return ,sbe wa:; t„ work out, the balance. When i saw Mr. Montgomery, who came to me with Bourdon's let- ter, on its being read, ho .saiii to mo, " Wliat doos this mean ?" I told bim it probably meaut what it read. Ifo replied " 1 don't know Dr. Hourdon. I never heard of the man, I don't know what it mcauH and this is certainly a piece of impudence." The letter contained a re- quest for money for medical services and Jic said ho would not pay it. In two or three days afterwards T again saw Mr. Montgomery. ^ mn •mfrnf 29. IIo gave rac some money, saying I owe you Fomc monoy, tlio balance ynu can t^ivc mc credit for ; the money lie gave mc was partly in cash and partly in a check ; T cannot state the exact amount, but after getting S30 in Ameiican currency out v^f it. then- wan Slfi left (o lij.s credit. This was after J)r. Bourdon was at my place, Dr. Ewirdon insi.sted upon some money by the Saturday night following, and I said I would try to got somo money for him. Out of this money tlii-.t I got from Mr. Montgomery 1 sent $.'^0 American currency {(» Dr. IJourdon. Mr. ]\Iontgomory did not ask me to pay the i<:]if). }]r. Montgomery protested against paying Dr. Hourdon's bill when he g;ivc mo this money, and said you can do as you like. At the, same time he .said if you throw mud at a man, it makes no difference if ho is guil- ty or not, but liomo will stick. I have Iiad some conversation with Mr. Montgomery and lie positively denied that he ever had any con- nection with ]\lyra or that he was the father of tlio child. I^lr. ;ir.d JMr.". ]\Iontgomery both cxprc ^scd them? ' -es as having the most kinr. W. ^'rsrr.i;, District Ma'^istrafc. 'f!Ie:irIOM €'. Colon's III IcScmum'. Cliarks (\ Cotton, of Nelsonvillo being duly sworn saith I am a )iby- /ic\m\ and S'irL.'v'on: BcinL,'sIiown tlio imekagc of pills m,irk(;il '• ij" [ docbir.' tiiat I have never seen tliem b.'for^. The advortiscm'nt r.'uds thattliOi< pilN.nro good lor bringin',' on the monthly periods, und to produce abortion ; at all events niarriod women arc cautioned not to use tlicm during pregnancy : they aro adverti.scd for sale with that oaution. niOSS-KXAMINEI). _ I know nothing of the pills oxe.pt what I Iiavc seen in the adverr tiseraonts. I never use them n:y.«i;lf. And further deponent saitl not. (Signed.) c. {'. CoTTOxV, Sworn to October 3t), 1872. (Signed.) • Sam AV. Khstku, District Magistrate. 1C:)>1;»1i ?,;s* ■ 30. truthful girl, not so much as girls in general. Sho mii-hfc tell the truth, but where she had any interest, 1 would not believe her un- deroath ; but sho is susceptible of tcllincf the truth. I dou't know her business at Swantoa. I don't know if she keeps a house of iu fame or not. I heard that she hud given evidence hero in Court. CROSS EXAMINED. I never knew that Mrs. Lawrence had sworn false in a Court of Justice. I never heard of her being a witness before this time. Further deponent saith not. (Signed,) EA.LPII liASBLLS. Swcctsburg, 2 November, 1872. [Signed.] S AM. W. FosTEn, District ]\i;agistrate. William M. Stearns, being duly sworn saith : I reside at St Al- bans. I am a mechanic and builder. I know Evelyn Lawrence, wife of David Lawrence, of Swanton, I knew her at Swanton ; she was not on a par with other women for truth and veracity. 1 would not be- lieve her under oath in a case wherein she is interested. A year ago last March, Mr. and 3Irs. Lawrence came to live in a part of a house that I rented ; nhc kept a house no! agreeable to me. T havo seen men con. v, ' ere at improper hours, but I did ni?t know what they werodo;!-,' She used to have a servant girl and a little girl ten years ot ago, her own daughter. I don't know what those men came for ; but they were frequently to her house at improper hours, when her husband was away. I found the hnuso disagreeable from the noise and conversation of these men visitoid. I heard nothing impro . per in the conversation. CROSS-EXAMINED. I never hoard t'lat Mrs. Lawrence had sworn falsely in a Court of Justice. I never heard anything about her being in a Court until this case. And further deponent saith not. (Signed.) W. M. STHARNS. Swcetsburg, 7 Xovcmbcr, 1872. [Signed,] Sam. W. Foster, District Jlagistrato. Mr. Warrou W. CiJi-oi»a*H I^vidoacc. Wurrcn W. Groon being duly sworn saith : I rcsidf! at St. Al- bans. I know Mrs. Lawreueo, wife if David Lawrence. Her repu- tation for truth and veracity is not considered good ; she is not equal with other women. I should hate to believe her under oath. I would not. Her character for want of truth is well known with us. I don't know what sort of a house she keeps. CROS^-EXAMINJSD. I never heard that woman swear falsely. I never heard anybody I I \ . 31. say that they tbouglit she would swoar falsely. I never heard any- body question her truthfulness when sworn undti* oath. And further deponent saith not. (Signed,) WILLIAM W. C;KKJ<:X. Swectsburg, 7 November, 1872. (Signed,) Sam. W. Fo.ster, JUistrict Magistrate. Mr. Henry ito.ss'H F.vidciico. Henry Eesi being duly sworn saith : I rosido at Bedford. I knew Mrs, Lawrence years ago when she resided at St. Albans. Ilcr character for veracity was not on a pur with other women at that time. 1 would not have believed her under oath at that time. I have lived in the country throe years. I know nothing against her. CBOSS-KXAMINED. I never knew that Mrs. Lawrence had aworn falsely. I never heard that she could be induced to swear falsely. I would not swear that she tsould be induced to swear falsely. And further deponent saith not. (Signed,) HENRY llOSS. Sweet-sburg, 4 November, 1S72. (Signed,) Sam. W. Foster, Di.strict Magistrate. <.'o|»v or I.cttcrN. N'o. 1. — Tiftrn-inl llu.jh M.)i\te was in Mr, Montgomery's case, until it was almo.st too late to try the exi,cii!ne„t' Almost everybody i.s afiaid to look near tlic house, which make it still harder and unpleasant for Mio present, but the will of the Lord in this and m all other matters muso be done- Wo had no service hercyester^ '"=7 ^° ''''''''''^ again cither here or at the llill, Ood in his wisdom only knows, as the people will be afraid to come nigh me, lest I should give them this most infectious and or to be deprecated disease. Please let this be generally known Should I be spared, as scon as it may bo prudent to go anion--. , • people again, I will resume the sorvico in both churches at tho sam^ I "jmammmmmm f *VIP ui^ I IS «»Wi I U.Jii|)i laugwo ||||pw«iaii»y ' ut I » i < ■■. I'lcaso accept our united love and respect, and believe rue to runi'tin, Yours vi'ry nffeetionati'ly, [Signed.] II. MONTGOMERY. No. i. — li't'.If. }fiinlj()iu'ri/ I'l ,/oJin M. Soijcrand Wife. The llF.rxoitT, Philipsburg, March G, 1S72. Mil Ddir Mr.nnd Mrx. Sttfjn-, — lam happy to let you know wc arc all well and that last week our Doctors pronounced the small-pox cxtirict, and that .vc could no more comnuiiiicate them, consequently that it was safe and proper that wc should not only go into public ourselves, but that the public Worship of (lod might bo resumed with all safety. I was consequently called upon on Friday last to that ef- fect, and in compliance with the request of the Wardens, resumed tho service on Sunday last, but with an average congreiration. I did not write you, as I thought it might incon. -uloncci yim to ^ct word cir^ culated and that it would be better to let them hear that the service had been resumed here, which could have a tendency to allay their fears. Now if you think it right that I should come up on Sunday next, please drop mc a line to that effect by Friday's or Saturday's mail, and I will order my movements (D. V.) accordingly. Had tho wcatlicr bcca fine, Myra, Tommy and myself had intended to call up and see you personally, but the severity of the storm forbids our looking out of doors, beyond what is absolutely nccessar''. I I ■P* Wf -mmm'. mm> (ifipwvipiip '«mwjmm ^ m " 34. Mrs. Montgomery jolnB in much lovo, and boHovo me to remain yours laitlifully and affectionately, ■^ ir. MONTCOMFUY. No. b.—John M. Siiger to AVy. //. Montgomrn/. PioKoN IlrLi,, Juuo 22nd, 1872. Mr. Montgomery,— Sin.— 1 rctwrn this book to you and $2,05 cash, as V!C slinll not attend your clmrcli any more, so you may ap- point another Warden. And now to business, as I am awnro of your conduct to Myra, you can settle it with mc for her bi-ndit for the sum of fifteen hundred dollars, or 1 will follow it to the full extent of the law, as 1 understand the cusc fully, v.m\ in its worst and villianous form, and I will give you one week iVom date to coiuply with tho above dematid, as I am aware of your adding insult to injury, by a repetition of your almost inhuman actions, for I know it all and enough to send you up not to heaven, but to the penitentiary. So look sharp and come to time, for tho way of the transgressor is bard. (Signed,) JOHN M. SAG Ell. No.' 6. — Rev. U, Montgomery to Myra Fuller. Monday Noon, June 24, 1S72. Myra^ — The circumstances of your having been nn inmate of our family so long and professing sucli friendship for and ;ittiichnicnt to Mrs. Montgomery, dear little Tommy who loves you, and my.srll, make it my boundcn duty to apprize you of the ^grcat d;in'.;er ot the utter ruin of character which you arc now in. Yesterday 1 recciveu, with the church wardens' book, a note higned by Mr. Sagcr. but m Mrs. Sager's hand-writing, which makes Ikt a party oithor in a ne- farious plot or the unsuspecting dupe and victim of a gross impos'tion. It will be preserved, liowever in jiroof, if need be of citliir one o"* •''" other. The note referred to, makes the very modest deniand ol nt- tecn hundred dollars ($1,300) in your interest. Would not tho plural form of tho pronoun have been more appropriate ? ' That you are a party to this, I cannot believe, nor will I, unless rcltictantly forced to do so. Still the hasty manner of your leaving and the rcnrioral ot your effects in my .nbsence, render it somewhat suspicious. If, liow- evcr, you are innocent, ai 1 would fondly Iiope, and that the whole is nothing more than the mere ebulition oi :i frenzied jcnUnis niindovcr which vou have no control, with the sensibly felt need ot a litt.o mo- nev cither to travel or to live on, on the part of the applicant, then i shall expect to hear from you to what eflect. If, however, I am con- Btrained most reluctantly to place you with those the character and extent of whose pretended friendship we now know, let me assure you both you and them, that no sustainable actlou can be brought against uie lor anything I have cither said or done iu relation to you, and that I am fully prepared to defend my character and causO, in ways .^ummmu... tid l)y tlio my lit prcs lucli lrs« $ ?T, and (or ■tilhj oLtaii ut to ynii Ist— W elf before t ■er who wil iir as wc c Inil of nil ri !iid and Mi; icnit I won L'nd.— V pot merely ;5cnpral, thr ttiid your ac :5rd.— M live ill plas- (herc will li you, not on the whole July ot l.-ifit Mow, lot m( )i,i[is either iwliioli. in Ir by ail ri-ht fnr to th-' h j pliiinlifV in pucheosts 1: Mr. ya;i(«,r'i tent of the authority v proper j^uai or property are institut that from t when debts mencinp: wi as delays n or my mini waitiutr the the niinistr you well, I are doinc: a restore it. restored. that thisuc 35. n'l by tlio !ii(l nf thoao who will rush to luy assistanco. of which you hny at present Iiavo little conception, and that a five cent piece, lucli less $1,500 you will never i^ct for the depIor;ihIo loss of eharan- ?r, nnynv,J and -at Arnprior. JNow, let lue assure you, we can obfaui more pro.)f of them th'in per- h.i[is oitlier of you are awan-, of tho occnrrenci's of tlio-e orca«ii,r ^ (Signed,) n. MONTGOMEllY. Mm M. G. Fuller.— P. 5'.— Had you not better return at once, to a respectable, comfortable, permanent home, ruluor than to be ulti- mately cast penniless and without character in the world ? ^ [Signed,] H. MONTOOMEllY. No. T.—Myra Fuller to Rev. II. Montgomenf. PicjEON Hill, June 28th, 1872. ^/Mr, Montgomery,— Sm,—Yovi advised me to go and sec a good lawyer, and lor that reason I delayed writing. I have been to bwccts- burg, and consulted one without cnny name in the case, he tola mo it was a thing that would be brought to justice, that yeu were not qualifide to administer an oath and if you were, an oath ander such drcumstances, stand for nothing in the eyes of tho law ; "O^ pu know as well as I do what yon have done, and the results ot it t ere is no U90 of your trying to lay it on to Mr. Snger, for every tin oJrgoc« to tho contrary, and speaking of Tommy, thanks to y«"^ help, 1 am likely tohave ono of my own in a few months. I />7'' JJ^^'^"", frien^ds that know it all, but they are safe, if you wish to hush it up with reasonable tcrm.s. I am mnm, so are they, but it you shew Jight and wish it to be settled by tho law. lam «::'^y ^^'* ' P^"*> J -friends, and they have the money and will follow it «vento England^ Remember for your own sake, as well as mine I should bo Bt H, buUf mu wish it to be so, I fight to tho last and if you wi.l ''-^"^/Fro ^ 'O Le that you have with Mrs. Sager's letter, sue wrote in Uvo.^"';^^ , you will see some difference in the writmg, as she never v^ ot« t, jour , conduct in the church last Sunday, has set the folks to ^ "nkmS »»d talking and they s,iy that Mr Sager is known to them as well as you | and that cannot\e a very little thing that would make h.m e je th church.thatitisstrangethat just taking away the ?'»]. «1^°"J^^^^^^^^ turb ^ou 80. seeing that you had hired another and had a nurse t I I I -II,-" 37. mind Mrs. Montft-omery, they arc very busy, but as yet, tliey kuow nothiug, if you wish it to remain ho :.11 ritrlit picas lot inc liavo answer. Yours truly.*" • (Signed.) MYEA m.LKR in No. 8. — Rev. II. Monfgomcrii to Mi/vn Fulhr. StJNOAY MdUNi.NU, June 3i)th, 1872. Mi/ra, — Tho plea.surc of a visit from your father, last cvcninf.-; was ns unexpected as it was opportune. ]\Irs. Montj^omcry simply stated, as ho ■.villtcli you tlie f'.iptof the exceedingly hurried, unanticipated and to say thoie.i.-t. vorv unnccos- eary and unsatisfactory manner in which, in my ahscnco y"u I'f't, liut of course could assign no reason. That is entirely loft ibryoiu-.-lf to do, which I hope will be done in a spirit of fairness and eamlour, but that wc arc willing to leave solely to yourself. If youoonld in'hio.'yuur fa- ther to remain over until to-morrow and come do-.vfi with liiiii, I hc- licvo that in less tlian half an hour wc can settle up ouriuTi.;i;ii,, in a proper and legal manner, and at least come to such an uinI.T-f inciiiiu' as to be able to separate amicably and hon'^r.illy, .i t!i:r):,' vs!,!,!. .ill right-minded persons will admit to bo so highly iir>irabl.'. N'mv, notwithstanding all thatispast, believe ns to irniain at livirt. w.^rtliv* of being ranked amongst your tinest and brst (rii-n'!-. [Signed,] II. .Mi».\i(;;>Mt:kV No. O. — D. ]\: Il. W. BOURDON. No. 12. — D. ]V. Bourdon to Mrs. Montgomcri/. Mrs.^ Monfgo7neri/, — I have written to Mr. Montgomery, your hus- band, for a balance of account duo mc for my .services to Miss Elmira FuiUu-, his clunnbcr maid and ho refuses to pay, lor 1 do not hear a word from him. i lel"t the account in >rr. O'lltdloran's hands for colicotioa and bolorewomake any exposure of 3Ir. Montgomery's tr;ins.ier.ions, 1 wish you would use your influence towards him and advise hira to settle his bills here. Mrs. J^awrcncc has an account also against him for her fare and time, while at your house, her visit was to deceive you and shew tliat Mrs, Lawrence was an old friend of Miss Fuller, and went back with her to vi>it for a while, tho whole programme was a deceitful affair, and if you wish to know the particulars, you can call Iierc and I will satisfy you of tho whole proceedings. Yours respectfully, (Signed,) D. W. BOURDON. P. S. — I httvo written to Rev. Slack, your father, but I do not hear from him. [Signed,] D. W. B. Tho examination of witnesses both for the prosecution and dt fence beingconcludcd, tho ca," was argued at Swcctsburg, before tho Kumo tribunal on Tuesday, November 12, 1872. G.O. y. BUCirANAN,Esq., opened the case on behalf of the private prosecution, lie commenced by rcfening to the importance and ex- traordinary nature cf this investigation, and ■ the resprisibility at- taching to the judgment .loon to be rendered by his Iloncr. The case was one involving the most serious consequences, and should be heard and adjudged simply upon its merits, without regard to tho street ru- mors or tlie gcandnl that were unfortunately afloat. \ JIMLLIMJ!!:'^ ■ mt I iilJililWaiiliWIIiPWiWBWIWWW ■^ipniiiip i:tv -\a ' S9. Continuinpf he said that the cries that had boon raised nfainst tlie Rev. Mr. iMonlgonicry rendered his life unsafe. Nothinc^ 'it sooniod would satisfy his persecutors. It had lonj,' been our boast, that ac- cordinjr to Ijritish procc.lont, a man w:is deemed innocent until proven Kuilty ; but iu tliis instanuo his client was accused cl' the most acinous crimes; when iu a matter of fact, only the flimsiest eviJonco could be found to briji,'a.2:ainst him. Was it not strange that the ■ctters of women who boro the character of common prosiitutos, should be set up as conclusive evidence aL,'ainst him ? Under the oircum- ntances the conduct of Mr. iArontp;omery was not inconsistent with his Jimocenoe. As a Christian gentleman, he souglit lirst to pacify his detractors, i'\ailinr; in this, there was no other' course open to him to vindicate his own character, but to assume the deti.nsivc and Lrin,"' thomto trial for their threatcnings and calumnies. Ilcncc this pro^ ficcution. Jt had been cenclusively established that tlic prisoners Ehnira Fuller, John M. Sagcr and Peter Fuller had con- spired together to extort money from i\rr. .Mon't-omery, or el.so blast his reputation for life. They combined ' togotli'er to accuse him with being the father of an iilouitimate child, unwisely thinking that he would rather submit to tlicir cxtoniou iliaa have so foul a scandal made public. They discerned when too lute, the fatal mistake they had made. The evidence against .^^r. .^lout! gomeryrcs's upon the testimony r.<' two women wlin^o (i;-,riMiutabh^' character had been shewn up before this Court." The evidence against tiio prisoners was of an entirely diflcrent nature— and was drawii from parties of respectability and unimpeachable elnractcr. What child of tenyc'irsof a-e could brlieve the .story trumped up by h:iiza Law- renco—a woman surivptitiously brought into Court becau.sc shecould DC bribed to say anything? As a man of sense, years and di.-crction wa.s It even prob.ible, oven supposing him guilty, that Mr. .Mont- gomery would avow himself, particularly to such u character, the fa- her of Myra iMilier's child ? The idea was too preposterous or serious entertainment. Much liad been said about the con- tradictjon.s between Mr. Montgomery and Dr. Brigham ; but those contradictions were of trivial importance and easily explaio.ablo as the Court would readily sec. But it was of the utmost consemiencc to remember what the defence .seemed entirely to ignore, that whether or not .Mr, Montgomery had liad connection with the girl vvt.h no ilij/rrenre whatever, so far as (his case, wa.9 c<,i>crrnnl On this \my,fiv. Buchanan enlarged considerably and quoted from several airflioritics in support of his pretention that it was a criminal .act to resort to illegal n.en.stc acco.rplish . legal purpose, b'uppo.ing Mout- gomeS-y had seduced Myra Fuller, she had her recourse; but^^he had . no riligt to combine and conspire with other parties, to demand re- conipen.so A-oin her seducer. Tlic learned Councel proceeded to defin what conspiracy was, the diflicuHy of proving it by direct testimony" but insisted that in this instance a case ofstrong circumstantial evidence had bceu made out against the pri.soners which tho Court could not in justice Ignore, . i im iii . ii i untmn ^wr I , but rather to rely upou general (lefmitini.s and bocratcs onco said a men is an aiiiiuul of legs 40. ^ J. O'irALLORAN, Eici , Q, C, next addressed the Court on behalf ot tl>c prisoners. He said the argument of l,is learned friend wlio had preceded hwa demonstrated the weakness of his pretensions. IIo h„d ' g.iped lor bis case, and what he lacked in common .sense, ho li.vj eked out in law. It was not c.s.scntial at all times to t;ike the law in itt) strictest Sfuso ' • practical views, without featlicr.s.. The definition given by Mr. Buchanan of con.spiracy-of doiu- a awful net by illegal means was not strictly correct. K was erroneous to presnmeUiat there could be no con.bin:.tion of por.son.s to effect a law ul objert Wc have for c.aojple, in our inid,st a society for |,o deti^ction-of horse thieves, made up of a number of persons who com bine together— con.spirc if you will— to cflect a lawful object Would" any one pretend thatsuch an organization was illegal ? There must be a distinction drawn between what is right and what is wron-r— between what is true and what is false. A better definition of eoimi racy than that quoted by my learned friend is found in Archib.-dd Here wc have the gist of a conspiracy— what law and reason tcachem tm nwy»i. i iiw i i i natiM i L i j i WPiwjiiH.,1 i ji.ip j m m m ^mm i mm^m t: no cr they bi!on 'J'iicy wo Ul I prose was 1 throe accus if 3Io in fere tlic rii after ; in eve conspi portar lind pi •monej went I was n( could bouml on CIS ll.Ti goiiior cli.'n-j.'.' the pii ndoptu pliUOill from tl It was lie did til or of author tively, 1 pectcd 1 Noai direct c ny, and hcsion whicli SI for Mr. ho scenic Worse it d>iubtso loran tJic 4!. THE COURT~Go on. no crmo Jjad lliey coii.«.piro(J to do ko ? TKo Drosccutiuri sii/l hcjr l.n.l for ti.e purj.o.so uf ox... ..,.; n v. St;!! ' T r !" -t - .1 be-.:, made to prove that the partic. IkuI tried to concoct a co. pi •.ley , wo must rgcc i Iio guilt or innocent of Mont-umcrv would tl... prosccut,on sa.d, make no dilForonco. Certainly not i/'M^n ,'. rv was u ally innocent, Otherwise wo mu.t corfsider tl o act " f ho hrce part.cs and sec whether it was reasonable for then 1 n k u I accusaUon,andhcnco_.t becon.c, of the utmost i.nport ac^ o k ow If 3IoMt.,'omery IS guilty or not. Con-pira.y to bo proved bvnn infercnco mu.t be drawn fn,m the nature of the acts comn ittd .n^ the motuo.s by which the parties were actuat ^ Ta ' 'n J (j o e after another, w.ro to call on Jud^-o Foster, and de.na^ d ^ 1 " Of Z conspiracy. But to apply the same test to MonfL'Cnory it was of iin portanco to doterm.no hi.s guilt or innoooneo. If the c three n iso„ . 1' hadput their heads together to writ., letters to fa r .^ . Tf- .money, there must have been a pre-understand,„... ( ircun.'t eo« went to sher that their co..duct was not that of conspinUor" Cr ' wa.s never pfo.„med-innor.„cea!.,v;.v.. All th,- nets c ' th' nri ., could be accounted /u.-without ■•.ttribi (in^ p coroel nd wTwo fl^uJ Ut. lt:j;;;r;,^ ;:--£ ^^ and_casily ... i>o did to >tu . ; i; ' '"'"^ ''"i f"'«^^^^«^' ^^''o^^u ^^Tite L tbor of the n i,;:Z .^r should '"'"ITlf ^''f ^''^^^^ ''''Her, the fa- author of his d u-dit r V W o n S 1 ■^'" '"ly ,}-'-^omi>ea.o that tho tivoly, their conu";, t w s t niv n„ « ft"'' . ^"^'.^T^^^'l-V and collec- pect/d under the cl^rcun^st.InTe/ ^ '"^'^' ''^'' '"'"''* '"'^'^ ^^'^ ^^■ ny. and these c^reu.:^: ::^:^:^;r -Tl'^r^^'^^f^^^ ^^^'^"^ hcsion when put to^-ether 'iV. V r • ""'f '^^^^^^^ which so much Lad been .d h d ,'5?'^" '^ ^^^'' ^''""^''•' •''' '^^ for Mr. Mont.romc.nL: 'if f T'5 "P^"^ ^^^ ^"•^°- As I'o .seemed to CeUh t tI .'./"°'"° ^" '^^^'^ '.^"* ^'^'^ mutter-aad 6 ■•«■!«■ ™wwi^»Wa mii^ymm^-"mr' 42 inj; tho prcgnanoy of Myra Fullor aiuI aftoi- tho ilolivcpy of hor ohilJ. Tlio nmt,uftl pkdj^c ofcoiifldeuoi' between tho girl nud her solf-uppoiut- ed confessor wan niro veiling as dcrosatorj to tho oharacfcr of u pier- cymnn. In itself this rautuul pledgo was perhaps incxplioabl.; , bat judj/od by the ilRht of subsequent cvonts, it w;w ca^^ily under.stood. The quicicciit nttiiado of MoiUgoiuery ;it this tiiac wu.suIho uiosl cx t.'air'-iinnry. Whoii ho ilihcovorcd tho charnctor of the girl ho was hiirL^ritif: lie cvincol »o ri;:litcous im]i;,'natiou or eveu surpriso. llo took it in a very mattijr of fact Cisihion. IIo admiuistorod dangerous medicines to hor— uiedioiucs calculated to produce abortion. Ho ftlMO mcHincritcd her, and nfttrwards Hpirited her off to SwautoD. Neither did Montgomery rrnion.strato with Sngcr or even intimate to him that any thing w.us wrong with Myra. On tho contrary ho con- cealed every movciuont Irom him, and at this very time sclcctod liim, in preference to all otherB, as his C.uirch Warden at I'igoon Hill. Ho furthermore administered tho holy sacrament to Sagcr without cjucs- tioning the lattcr's fitness to receive it. Tho learned Queen's Couusol next dwelt upon tho contradictions between Moutgomery's nnd Nye's evidence, regarding the purchaso of medicine, and said in thi.s ns in other particulars, Montgomery was his own accuser. The anxiety evinced by Montgomery concerning Myra Fuller'.i pregnancy was also another circumstance that pointed strongly r.'rain't • • . him; When sho found herself to bo with child, she wanted to go to Soger's. Ho would not permit hor to do so. He made all tho ar- rangements atd insisted upon tho girl's going to Swanton again.st her own wish. Sho knew no one there and naturally did not wiwh to go among strangers. But more damaging f till to Montgomery was the conflicting nature of his evidence with that of J)r. Ikigiiam. " The former swore he only paid lirigham $50 — to apply on an open ac- count. The latter that Montgomery paid him 880, which hu under- •tood was l(\ bo used to pay Myra's expenses at Swanton. Was it characteristic of Montgomery to pay all this money lor a servant girl who had been only a few months in his house, unless there was a strong motive to compel him to do so? His extreme anxiety to con- ceal matters at this crisis was also inconsistent with Montgomery's in- nocence. Why did ho keep his wife in ignorance of what was going on ? Why reluso to tell Sager where Myra was or what was the mat- ter with her ? Why did ho send Dr. Brigham to Swanton to tell Myra to write to the Sager's to pacify them ? Tl'O reasons were obvious eoougli. The attempt to shift the re.«;pon8ibility of the girl's conditioii upv,^ another person was as flim.sy as it was unprincipled. There was no- thing in the conduct of Sager to shew that his relations with Myra were other than those of an honor.ib'o fiiond and protector. Even Mr-^. Montgomery's evidence made 'Jiis point sufficiently clear. True, the latter testified that Myra and Sagor uad been seen together under suspicious oircumstanccB. They went to the collar onco to get somo cabbages, but nothing unusual was noticed in their appcaranco when J ,pjlUlltl.|liPI mm^m hey cii ion di hey th rcrc sc Mr. ( Inittcd ; tsclfwc OD. I )arsimo 'oturn t iicnt an ;;onicry'i iSagcr ;onicry lad occu Prom the So far jti.sractor' jBiitit tc jit was all Ideal mor [the inton llorau fur ji'xainiriat land St: y jthcre ; I) Buspiclou,- and Bour latter wlu that " th otiier sign Contini Parsonage over also 5 tlio naturt rcnco w.as continual noceacc of prostituto how comes family, Ire mily, takct honorable house to 8u be ? _ The the circun: '13. (icy came up a few minutes nfterw.irds. Tlicy were on ano«hcrocca. on discovered in Mrs. Montgomery's bed-room. Ikt why wore ".ey there ? If Eln, ra Fuller could testify she would tell ihZ Ly l.^erSSer ' ^''°"^^'°'"^^^' ^^ ^-^^. '<^ «'--- u doubt u,,/a dl'.\ ^'It"''"'"'"^ then proceeded to review the correspondence sub- n.ttjd in the eourso of the examinations. He claimed thM this in tself would convict Montgomery in tho mind of any unprejudiced per- 0D._ True, Montgomecy refu.sed to pay an v money. ^ Ho was^too )ars.moniou.s for that. But if innocent, would h/ invito Myr.ato ■eturn to \m house, and a.ssuro her of a .sp3ody and sati.sfactory 8cttlo- nent and a comfortable nome for life ? The idea was preposterous 7\gain, upon the father of the girl. Peter FuIIcr,:ca!Iing at Mont- ^ornery s to see h.s daughter, not knowing she bad left there and ^ono :nn,ofv?' ""/not Buspect.ng anything wrong, how careful was Mont- ome.> to refrain Irom giving h.m the .lightest intimation as to what Vom tho'first """'" ""'■»''^«"°^^^'° »^"ccy was observed ai jSo far as the evidence of Dr. Brigham wa.s concerned, it wa: un.'.a- Ei 7L .°'7'° •' ^"^ "r'^^'^'-""^' '""P''^^'' '-^"^ unwillingly given. But It tended to criminate Montgomery and exonerate the pri^onera It wasalHo very apparent that J)r. Brigham could have ^old" ^^.J he interest of Montgomery. On the testimony of Dr. B Mr O'Ha loran fur.her commented at considerable length, referring to the llr's lIT"r"ut°S fntV 'h ""•^"■^— .'- -^^^^ i-or^or^'ro^e ;L 1\IL r "V "' *'*'; ^^"'""'^"'-•at'on heh-d with borihen t .0 , h.s etlorts to conceal matters from Mr... Mont-'omerv the nd'BS"'''r °-'r '""'''''^' ""^ transactions ^^itl^CYlor ana Bourdon , ins intercourse with Mrs. Liwrence • his ren v fn tl « after when appealed to to smoof ii matters ■ .ver ih Mr MoTtCmeri that « they could tell a dam «ight bettor storv la^ 1 1' Id " „7d otacrsigniQcant circumstances. y man i could, and Contmuing, Mr. O'llalloran asked why was 3Iyra sent back ^o thi ovtraisoc lt^.'<;nece,s,sary, woare told, to pacify th'^ susnirions tl.o naturally arou,.ed suspicions of Mrs. Montgomery and Mrs La7 rence was employed to tell her a •< smooth story.'' ^W,^^ a^luUs ont.nual decrptaon and mystery? init reconeilab e wit"i Ee i noceuec of Mr. Montgomery ? Furthermore if \rra t f nrnstihiN. nnrl n „ " ^ .< """'-rmorc, it Mrs. L:»wrcncc be a prostitute and a perjurer, as tiie prcsecuti_ would fry to raako cut how comes It that she was received as an equal in M \loa ^omeJv's family, treated with all deference and respect by he'head of the H mily, taken out to drive by him, and otherwise enter^ined as a i honorable woman ? Is Mr. Montgomery in the habi of Tenin^ 1 i^ TTirLtT"-" ^'^.«"-»- now depict thisTomaVto oee ,1 he fact IS there IS nothing unnatural or unrca!=onablc under the circumstaaces, in Eliza Lawrence's tostimoncy. No doubt Mont- imm 4-1. gOBicrj admitted to her all that she Hays he did, and when intcrro-^ atcd confessed himself the lather of Myra FuUcr's chi d T h. ^oi' cut.o,j had seoured the country to brea'lc down 1^, t Lny^ tr nd most lamentably fulled in their efforts. Her story, pSic oV ho aoo of ;t, was corroborated by other unimpeachable' witnesses Co .unly somebody was the father of the child, and 1^ vouM ask 4^ Court in a, scnou.sncss whether, from the fact's elicited Jt was mo.t Lcly that Montgomery or Sager was the guilty party ? Jle heldTlr f the conduct of tho latter, from first to la'^st, Ja^ perLt yUnor^^^^^^^ Boncry lor Sl,oOO. Ihis was but a slij^ht compensation forth,. Rirl s loss of character and health. In thi^ as in o he pTrti uhr, . Sager .simply ..cted as her friend. Tho ease "was on of rcommoa occurrence and it was unjustifiable to imputo unworthy motives toX prisoners for tho cour.so they had taken. ^ ° Mr O'llalloran, reverting to the charge of consniracy, contended that the pretensions of the prosecution had fallen to 'the iound The thefr" s'e '7hoirf "*'^ '"" -d .hey had failed 'io make ou their case. Their charges were not bourne out by tho evidence There was no proof whatever of conspiracy. The ,.ets^of the ' r tu s tem,?t to IcJrn" l"'" -f ' '"• '"'^''-^ '"-'^ -* con,b!"ai;on-uo attcupt to levy black mail or extort money from .Mont. „,h.. v und.r Adso protonsos. It was Montgc,nu«ry. I^owe^^r, who was n^sp i s 11 f all the niisory and ,„,.sc!ucf that all right minded p.onle deplor d trvinir/^ ^;f '''""-^^'^ of ruining^thegirl, and'subsequ Kt ; of rying to fasten the crime upon other shoulders. He first lestroycd an innocent maid, became accessory to abortion, and then t W to blacken tins victim char.cterboture tho world. Tlicfir..t .h\>r.eo mtlu b iv. rt?;"^'".?'^'^"' theneriesof perjuries which followe. w 1 bnn,^^ on thegmlty party the punishment he so ricl.lv merits. U'^s clK-nts were ready to submit to the verdict of their pe<-,-s. Thoy were not. afraid of the issue-already they had had a jurySrIal . Th.^^ ^nZ c udeneehad unnnstakenbiy pronounced their ju.igmcit in favor of the pri^,norsat the bar and against their iniquit.ous por..ccutor. Court Jle felt that after the able and exhauMive ar-un^ent of his learned confrere, .Air. O'llalloran, but little remained fbr him tosi^ od wm?Vr'l r''""^ '''' \V<^ou\hv one. He Mood .specially eharl'- cd with tho defence of one of the prisoners, Peter Fuller,-thc father ot i\Iyra-and on hu behalf he would point out a few Mgnit.cant cir- cumstanecs Myra Fuller left the paternal roof four or five ye'i^s ago. .She left home to cam an honest living, goin- from' one nei-h- bors to another, until she reached the Sager's, at I'igeon Hill. Aller living at the latter place for sometime and conducting herself in all respects as a proper young woman, she finally enters into tho service of a venerable minister of tho church, tho IJev. H. Montgomery Peter Fuller goes to Philipsburg and completes a bargain for his -^»>isr¥»\rsmj'vx»V'l)tm'yim' T!WW'~!««i>?"»"P"'«~'**Tr " '^^mi i mms im mvm^ m^aiim' -^ mmt'^j m ir ' 46. not the subject for a criminal indiotniont. Fullci 's co.id.ict was free, ope. ancUrank lie stood to-day in tl.o deronco ofhJH rights, a.id wluit he did as the father and protector should make atonement for his excited feclmgs or excess of zeal. Mr. Lynch then proceeded tore Mo\^.N, Montgomery schan.ek:r and his inexplicable conduct-in- expheablc on any other :lieory than that of his guilt-sincc this most demoralizing scandal first began to be spoken of. He had entered in the case reluctantly but in the interests of justice felt bound to take .tup. He was glad the examination had resulted in the dcvolon- men H of so many facts-al though there still remained much painful mys cry. JIis own convictions on tiio matter were strong but ho would not ho justified in stating them. In the present ca!se, inns- in.ich as the question which now ofTered itself for the con.sideration of the Court, was not whether Mr. Mootgomerv was guilty of the hein- lous crime charged against him m the other case ,• but whether the pn,soneis were guilty of a conspiracy. Upon a careful and unim- passionate examination of the whole evidence, it would bo found that U'tiT I. uller had committed no offence,-that his only fault, if indeed It cuuh. be imputed to him as a fault, consisted in the exercise of that parcn al duty which the unfortunate position of his dau-hter forced upon h.m, to charge the man whom he had previously regarded as his triend, with being the cause of the ruin of his girl. G. n. BA KE Ji,J:s(i., M. !>., on op,..ning his"remaaks on belialf ot the prosecution, accorded to 3Ir. Olfalloran crcd.t for his skill in dis- secting evidence, yet ho thought the learned counsel had mistaken tlio occasion, ihe Court was not now trying prisoners but simply e.vam- ming them ihe public were not sitting here as petit nor yet as .'rand jurors, and he should not address his remarks to the tribunal to which his learned friend had so pathetically yet withal so inofTectually ap- pealed He repudiated the doctrine that the public was sitting as a jury ; but when the gentlemen opposite come before a jurr with'sworn responsibilities he and his conferes laboring with him, would be ready to meet thorn. The public had nothing to do with this investi-atiou and th J threat of the learned Q. C. was most untimely, lie, Mr. Baker, did not cither propo.se ransacking his memory for quaint sayings of an- cient philosophy or classic epigrams but should briefly apply those principles of law as clearly laid down. J.ookiug at the case as presented to the Court the i.ssuc was a narrow one ; the prisoners were char-'od with conspiracy to extort money. True it was, there were no witn^'csscs to what had transpired as their socret meetings; but the ^har-'^ was fully established by such evidenca ns the law holds good. Tho'letter of 8agcr bears the evidence of guilt on the face of it ; the letler of Myra exposes her dcsign.s, and the subsequent, participation of Fuller implicates him as well. The conduct of Mr. Montgomery, Mr Baker continued, was not inconsistent with that of an innocent man. He felt a deep interest in Myra's temporal and spiritual welfare. His letters imploring her to return and mend her ways were perfectly na- tural besides his client desired to abandon the cape to save a foul scan- imfsmmmmas'''im9 45. Mr. Afontgomeryknous only too' vo^l t T ^''''"^- ^^'"'"'^^''» Innt at the cau/o of IrT absence h '. ?'n "°^ '^ '""«'' ^-^ «tay at the ■.Rectory. No r fercnco islrf " ^ T''' ^' ^^''^^^ »« boon written, o/ his leavi,! fo^tl i i M^l /''° ^'^'^^^ ^'''^^ had the bearer of that ortraordi u'rylet^^^^ ^ l"'^*^!^'^ ^^«"'^r readjn this Court. Next PetV Fuller S S". ''"^J"^>bcca cycn.nic. He has seen his dr.uHUc-and kn^. ,l ^^ "'^'""^^ '" "'" victim of a mowr Me ch-ir "r° \r -ff '?^ '''"^ ^■'■'' ^''^" ^''c sending her to SwantJn t^^^^f::^^:^ tll^f ^'^^'! ""^ and returns aga-'n on the .VJi of Trlv m ^r ^ "''" ^'^■'^ '-omo • but he sees h?s wife and te her that L J\" ^^^'^"^SO'iiery is nh.n.nt, «houId sue Mr. Montgol y f r f sedl^ nn? ■""'^^""•'^^' 1'"' ''« wrong. \Vas th. action o^f Per Fuller ?hr'^r''P'?'''",.'r ^''« n^an? Waa it unnatural? wIs it str e ^ ,'^ V^'- ?''^' been excited or that he could not rcu Inl^J^"' " ^^''if ^''^ forently would any other mun I)avo >j' '^ ^ ,"''" ^ ^^''' ^'i^' Jieviewing the LcusaU.n ..ain^; tilf pw! J '^'!;j;r'"? ' to say that .a order to hrii. - l,oiro *' i V * ''.^"^^' -^'^"f'^ "a thcic parties if mu-^t bo shcnvn cK-trlv an/ruXr V'-T'V''"'-^' ''"•'''''■^* comb ned together to do a lawful cb/ ulaw?^ "''' '^'^'^ "'^^ an unlawful act. ^ unlaw /ul i:ic,iny, or (o do To prove a ca?o of conspiracy it is nooc^^nrv tn i arsons with an oifonoo. Evmi taVin N , ' ^ ? '''•'""-' '"""^■.nt ^'"^recan bono doubt of his .un'^ti'T-?'-' 1'^ *""^''"-^'>' wore the moans U5od unlaw Jl ?° ton hL ^'"'"^' ""'* "'^-^ '"'-'I authorities were quoted ^ °'' '"'^ P^'"'« =» "'^'"^ht of right. The n>eans=mado U.C " LV^ ^^^ undoubt.diy 2s^o.U if we look at the a^T.omcn eoV nir i'''^'^^f ^'-rropcr and lawful. "- ^''""'^^ ^---^ ri?oou Hill ChtLh do^thLt e^^eron^' Thoir'"^ ''" '' .^ untrm between Fuller and the other prisonet-s" Fn ' T "' ^7'"^ gomcry wtth seducing his dau-^htorThr;!.. ''"""'' '^''"^"'- cxtortmoney. The declarat;..r ashn^^^ si S^";^^'" T''^' to There :s no oifcneo to lay at the doo of Ful" r a'o "'' ■^''' or c >mbination between Fuller and tf.^ Z^ ?■ ^^ «on>piracy from tiie evidence and tho nLn= *^'',''^'"'^' P^^-^'cs can bo niado out injured girl to obtafa so o i°faeS ' "'' '^' ^'. ^''^ ^^'"'^ --'^ ^l- logilimate. A deoisiot^^r l^n S branXr'fl''^ ":"'''"' ""'' what analo-ous caso v^JZ..}- ^ J'^nsl'sh Judge in a some- J ^'""ftbrievcaneuadacivilrecourse— but Fuller was 48. mon purpose. The conduct of Peter Fuller was then rovlowod by Mr. Roberts and his complicity in tho confipiraoy not forth. Myra had been out of her futhor'a house ainco a mere child, and he liaj^,. never visited her before, except on tho occusiou sent for to close c bar'ain wi^h Mr. Montgomery. He suddenly evinced an unwonted interest in Myra, which, however natural to most fathers was certainly stiangc in Peter Fuller. It was clcai that his solo object was to get money, and ho played bis part ' tho conspiiaoy game concocted at Pigeoo Uill. ( I / J«T I i AJ-lj^S^./V — *OOSCK»o- l)lo CfiU upo had HUCI iicie bcei dulp the T tho] hcnc cone pull had was ( gome CUHC i ioto I and i plctc. disjoi cvidci opposi an cx( Mr labor. guniui iniporl poincr oilier. prisoiK Koniorj cvidciK a Wo 10 ( li.stenci one the known diflicull fltanccs diced pi All tl the ace I irjupre!3.s to Mont corrospo CBtablisl 47. (IftI from goUnp: abroad. The cviJ.^nc^* nP\fr« t l>lo fo- dation upon which I c . ^i ." • b t oAT "" l'?"" "'' "'■^'^• cf^tod-was utterly ^vaHh\v... No i 'v wo.. 1 .1 '""" '''' ^'- upo,KHUch p.ij.ably iaUo tost - '^ 'l T •'"."^"' ''' '"^".'-'"'fy bad been pLirily cltabn^heitborlii'tir ourr't r^ ^ ^'•"""^'!'- Huch cou.ulorutio,.«, the prosecution XZt feU '■. Ti?"' r (icient to coiiv ct the nri'-oticrs In.l 1,,., n . ] V a «^"^'-'"co fiuf- been r used by tlic rJ rol en ih 1 1 , '"if^-. «'"»c donbt had had also evidently mistaken the ex.c or side of tf; Oirulbran was employed. Tho main seopo oV hi s p crnva/ ! aT/'l'^.''^'-'' '^' fiomery. This was not tl>e i.ssao b.fo c t' ,' Conr H !"'i •'''• ca.sc .such rcmark.s mi.'ht be t.roner T i , "'''"^'' '" '' ' in^otho evidence with a u-,f;:;;!:i. J^m:^^::^"' ""'"^ and imaf,'iuation. A chain is only stron w 1. W f i ' '"""""'^ pete. Jn this case the i..v.t.:,.sions > "t d , "'"I ''""' '?r Ji.siointed and incomplcte/but (ho ni si„ i'k T /l"' ^"."^'"'i'V-^ evidence h.id been sunnlinl hv /l ■ "'"."^ V"'^^ '" "'O chain ol'tho orp.. »« ""c listeners to tlieir mid ni.^t eoun" i 7 ^'^^'r plans-there were no one their schen/es cCsl^^^^^^^ T*'^'"^'^ '' "« known to outside narUos . 1 ^," V*'"''"^ ™akc their plans ^nnicult crime L pC' i , rZ "J'tLo ""1 •'"•^^•^""•; '' '^ ^ stances was .so strong, as to 1. aVn ,1 • °, ^"'"^^'"•''♦'oa of cireum- IMAGE EVALUATION TEST TARGET (MT-3) // %>. 1.0 I.I 11:25 ■ 1.4 6" 2.5 2.2 2.0 1.8 1.6 Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. M580 (716) 872-4S03 '^^ iV iV ■£< « ^q> ^X "^^ m ^1%^ ^^\^ ^^^ 4^' ^V Tl cond befoi Bcdl gi.sfr dixA i.-suc and ( upon risli f and i tlioro and t pose i fi.'iid 1 Kaid i rullo scxua the sa comm sonvil] Upc ted to burg, i duly d 49. ! I TfllE PB]RJIJB£Y «?ASK. ■ ;:* /r HE QUICKC, vs ...' . '^^^<^ J^fvrrr.nd J high Montgomery. '^•CAN^U)^, I'JJOVINCK 0FQUE15EC, V- KIIJURY. IMSTUrcT OI.' nKPFoUl). I nu,mfonnat,on and comphunt of r.lyra Fuller, oftl.c West Parish coml ,1 y of Aovomocr, one thousand ci.Oit hundred and seventy-two ben^r, ho u.KUuy,p,cd J)istrict .Ma.^istrate, in and for the J)ist ic of Bedlonl whosa.th thatat.aSp.vi:dS-^-i,,„orfho said Oh-tric M '.I \HAua, 0,1 the fifth day oJ >.pte.id)er, one thousand ci'-ht hu- ilKl the:, corruptly dc- ana there upon iiis oath aforesaid f'lwol,- „.;i''..n pose ..I s.Lr in substancSto'S'^ti^ ' Jlj;:!; .^:i;^;',;:^ ^ .udMy,a l^uHer and that he neror earnally knew the id m' s the ! commit wilful and corrupt perjury. (.Si;j;ned,) \\\u \ rrrr i 7m> (Signed,) <^ ,„ p duiydi'ci^^^^^^^^^^^^^ ^''^''' appearance from day to day until !-i^ w^ ny u ^r imj^ iiiiiii F w *" 50. PR0VINCI5,0P QUEBEC, ) DISTRICT OF nUDKORD. j SjH'cial iSessinn of tlir. Piarrhrhl ii( tlu. daiirt llcmc, at Sioir/shttrlf (his 4th iliy of Ociohfr, 1872. * Present: Samuel '.V. Foster, Esq., District Mngistrato in and for said District. The Queen, vs llvrrh Montsj;omcry charged witli perjury. The dcposiriou of Toussaint F. Ouinict, of Swcctibur}; bcinjr duly pworn doth dcpo.se iind .say : .1 am Deputy Clcrlv of the i'oaco for tho District of Lodford, and a.s sncli I am (.'lerk of the District Ma-^is^ tratu'.i Court. On the fifth day of September hist, u trial and eiKjuiry was held before the said Di.<-trict Mapi-stratc, on the complaint ol tho ]{cvcrcnd Hugh Montgomery of the Village of I'hilipsburg, in said Di.strict, Clerk in Holy Orders, on a charge of conspiruoy against John Mf Sager and others; the complaint and procceding.s upon that trial I now produce. The I'cv. Hugh .Montgomery wa.s examineil as a \vitnes.s and his examinalion was taken down in writing which ] now produce. The .signature to that deposition is the signature of tho Jicv. Hugh l^Iontgomery, he is the same person who is the defendant in this prosecution. The jurat to that deposition is signed by and ia the signature of the said District Slagistratc ; the signatures of tho paid MagLstrate and of Hugh Montgomery, were signed by thoin re spectivoly in my jtrosencc ; said Hugh Montgomery was sworn in my pre.. ^ (Signed,) Sam. W. Foster, District Magistrate. The defendant by his Attorney, (x. C. V. Buchanan, Ksquiro, ob- jects thiit the proof of tho foregoing deposition by the Reverend Hugh .Montgomery, should and could alone be proved by the District Ma- gistrate who swore the witness. The deposition of Afyra Fuller, of the West Parish of St. Armand, in said District, beinir sworn depo.ses and says I was twenty years old last May. I have been residing in tho family of the Rev. Hiah Mentgomery. 1 Grst went to reside there the i2th of Soptemler 1870. Some time after I went to reside thcro, the prisoner commenced to praoticc mesmerism over m«. It was in May 1871 that he commcao- I I ' l ii i iiPwiiiFi^mwwwp I to vcinb nic, tl first t day J seven took ) ailjoin till I l)o\vt.'r ficco' him tt the fa that i.> noiino fjucntl I'atiier May k ^ Cro, Farnhi could ^ at hon that I ■ and JiK ti» worJ and sta and fro and lUt Mont|;c to Mr. there ; the nan tcnibcr meiiso i the fara 81W Mr. that lie 1 r don't i di.'fcovcn We wen to try it knew no fluptico c first time more or course wi Mrs. .\ Bedford, 51. vnXf^inTT'l'^r'f ''''^ mo. and tho first tiiao w:..s ia No, ITtLL L' ^1« ^■•"' ^••'••'t you c.llhcrc Hcvual iat.rcour.o with mc hut IS to say he wont to bod with mo. [ cm't .t.to cxactlv th first t.mc he wc,.Uo bed with mo. f k-w fh., ho J .^1 V 1 dpy of November connection with me; ho had connocWn with u o evcra times prcvion.s to that, but I cannot «ivo the exac date U ook place ,o„craIly i„ hi,, library or in his wife's d room/ h room nm ., and he eontmued to have intoroourso with n.o a o time t.l I left .n Juno of the present year. II, h.ul ae.|uirod moMu r o powor oyer mo to the c.Ucut that I was utterly poworliss iu his hands Ic could put me to sleep. I became with ch id by him. I i ,1 mod heVam iJ T T ' 'J' •' ^' '''"'• ^^'"^^ ^ ^"'^ ''"' that I T a ammo mo. Dr. J}righam pronouuccd me to be with child [ subse JCh^r ^,^r^'?!' ^" ? f''- vi' ^^-- ""^^' Mont ;;;;;:;y w.^ t ^ Ma^^lasl. " ^ ''"' ^*''^''*='"'=^ "^ that child on the 8th of r^Sr'Tloff^ f \P- y-",'^''''»"f . J'-l.-i «'as born at Ea«t 1 arniiam J left my father's place about five years a-o .so thut I at home , my fa her had niarnod .ip.in !.cforc I loft. ]t i,s*r,ot •. f.ct ana jnuK 1 wont to work with llomim Alien and from there I wont ZdT W^''"" ''7^^''°' "'^' «'^r-no(her-s si.ster, the I w nt ho me and ;;Slw?,!V '■'=M"'«''"i """^ ^^^"^ •^ Anson Sa^^^^ tcmbor 1S70 T l li k • ' •^'""f^'^morys (ho 12th Hop- H i rj- ° ^^*'" "'''■'>'' ''■'^•"•^'y «-ith the family sit.in<' in t lcftnn,lyroom,s,n.Mn,.at tunos with Mrs. Montgomery'. ^ov 8 w Mr. Montgomery try to mesmerise anybody but n.c I know d • W'??r7"" ';r,;'ll-iating p.in ^ul L amus" the L S^^ i aon t know it ho has still that mesmeric power over me 1 ii,st drscovered hKs mo.srnerie powor over mo by his pultin'' m^" to si ^ fl el ?ie r^ r'''''^ the trial he had greater n- n uice over mc. He first began tomesmcri.so mo in Mav 1S71 The inoreork.,.s 1 remember pariicularly as havin-^ had srxn-,lir,r,.r course wiUi h.m that day because wo v^^re alone i.rtll; 't, ^^ h " Bedford theS ''"'' ^°^ ^^ '"^ ^^^^^^'^ ^^ litdlord, the afternoon previous, and I remember it was the only time I ^t.iyc-l witi, him all nic;ht. Tl.., first fin.o T hnd sosual i.,t.roourHO 00. 1 nH f T "? r?""''":;^'^ farcnoutjh for hiu, to come to ,ny Mr ir T " fi'-^t time that it occurred was in the lib,-,., y Tswe "r^h n/ 1^,^"^ '"'" ^' ^''\ 'T, ^ ^''^ oonnectiou with^him. W Vt , l,n n^ m'''"" ^ '^'^ ''■'^' .connection with man or bp N\ i.cn ho pruposoj to me t.i do it the lirst time I w,;s workin- in the a-l,on,.n.' bed-room and he called mc into his libra ^ H J d not take ino bnck io the bed-room, it wan in the library w > h d co nccon ; here was „o other .servant in the houne, ex ^t n in o from ("'o :;, "^'^"'"°*" clothe chores. This co.nee'tion o t com mv r-> "? "'""'T '^V'^ '"' ' ^'^'- '^'>'netimes he would come to my room of a night. / c nmot tell' how many time,. 1 had .mncc .on with Inm, lor a good re.""' ''0 madetho,se^imp,o . leiTiiVll^^^^ r";'-V"; ^'^".'1'''^'."^ '<> "-y fViondsnor wanledSo wild nnH I -^^T^^^^ '^'''"'^^ ♦"'^J '»■"« ■•'">' womm, '•""':.•, ^,f?'i^ '•"" ^ '^'^l not want to do any such thin- I told could not expose huu on account of the oath and I .submitted to it I was m the hbrary, a front room alon.-. I could have call .! •' ' .. pn.sers-by if he h:.d not frightened me as he did. 1 had taken an oa h b.fore l„m on Ih. l.st day of November in his libary-my oath was not in relation to Mr. y.ger. The oath tini I took was ^^ obligation that I could not cxpo,.e him in anything he might J o do. 1 cannot give the exact words of the oath, but that's the s..b s enoe of it ; the oatl, w,as taken on the Bible, fle'did not x I. Iv . t I k. .ed the 1 ,ble This oath wa.s taken before Imy improper con- net had pa.-.ed between us. I did not discus.s the terms whateve t and took theoath ; he gave me no timo to think or ^.et for my .. It I cannot give any reason why I took t'-.. oath. 1 cannot tdl ,ThtT?v r''''"''",''^'"l"^'"^^ b.'ulcc ,-.tion with bin; miglit liavo been a week or a fortni-ht I di.scovered that I was not right'; about a montii after Mrs. Monl- gomory went to l]edford, and after he had slept with ul did SSVl" 'T ;'V" •^'?""^''^';^'"^ ""^ •"''•" ^^■^^^>"^oro than once. So adv.se. mc to take what girls usually do when they have taken cold ho did not recommend my taking pills and knew nothing abouTm; tak ngthcm. I was not at all tim.-s under mesmeric inllircnce, when 1 had connection with liim. ' RE-EXAMINED. The oath that I speak of, had no refcrcnco to anybody but mvsclf and Mr. Montgomery. The rca,so.i that Mr. Mont ^ for taking the oath wasa.s I have stated, that I could not gomery gave mo m anything that ho might do him.'^clf to mo. expose him " * l i ilJW W , |[«<8WPBlBpwPFWyWP" wiyuiy^«wM i»wBi^^ ■ittt Tlic ;o asco ic pass Swoi Itily sw Moiitgn Fuller ' May la! i;ul i^oii ilio con' Irivin;; 10 lino villi ; lie wotidcr re iI'M Mllcti now, .'II inytliin; joliiro I I l.nv ail liroe wt Ealaiico ( ■d'l in 10 iioiv 3on versa ivliilc wc fiawfoiioi I liavo li\ ivcil ove Mliaiis, i'ai'.s tliii iiarried 1 evviii;; at lot keep 1 ^lyra is t ccount ; Oct ion exc toard. iShc or board »Iyra ; he ician and lit of hca! bscucc of 53. Iccxam mat.on by I)r, Mryia,,,, took ,,l:ico i» the library. It w., ,o.T.cortum howl was; ho tol,l ,no to shew ,ny br.v.st, I a d o am ic paasmJ hn bands ov(-r n.y person cit.sid.; of ,ny cUih,'. Sworu to, 4lh October. 1872. "^ l-L.^^U. (Si^'MO.1,) Sam. W. Fqh tkr, District MaKistrntc. The .Icpositiou <.r EvylyaO. I.twreneo, of Sw.ntn,,, Vt b-i.^ uly sworn s,„tb : 1 rcsule in Hwanton, Vt.. J know the iLl" II, 'X Montgomery and Myra Fuller, hi. to n.y knowled-^e h. M t. Miller was delivered ofa ehild at Swanton ; it wa.s in" he ^onlh of May last. J was at Mr Mont.omory'.s hou'se a week or o I . :h1 ..onio conversation about the child .Myva wa.s delivered of , it of n m„ up to the lake ; then ho drove mc to the buryin- .'round i.,i,t I;o l.ijc ; in the conversation. J asked bin, of Myr.Vs uv,m "ou bei ''» Vila ; ho s:ud_ b.e kept her ratherVlo.se. she was not a w^ld '^i rl .- ii 'l wonder .vho is the lather of Ihod.ild, he replhd. " I a . '^ "..J V 1 m .; l' fl "''^ hard ..iek ; I told hiin ^he'was ...l h hr turd n f ttn.ded her ; ho wanted to know the ^,x of the eluld but I ,? '.'i'l in full 1 e i,l 7.1 M 1 ^'^n''''''r '"'" ^^'^^ ^ had not b.e., conversation took llectl "n. t 't?\;';ri;;:t'" h'^ ''''''' ''^' ivh.le wo were dri/m.^took nlae.the Fr d.v 1 • 'r '" conver.s.-.t.o, f'^nvrenee. 1 ,hall bo 28 A>ar old ,'be I^l l^AV' "''"'" , "' .''^■' '>'" ' " -thi:fceei^^;:^.!itr:ct:;A!;:;^!:;i;;^ '■•"•nea hin.. I did not li- « with h n. bo i, f '•'";* "1'^'" ^ lit of health TV T?.; ^ -^ ^''" '"^ '^"" f'-C'lucntly a« I an. ' t :~T / '1^ ■ 'I iJHMvwwptTCfiimeppwiwwv M. he work, .ut an,I is not at home all the time i ho iIocm not tay at my hou.u all n.t^l.t .lun.,;,' n.y conllnomcnt ; I,, .stayed at ,uy house all .j:ht dunn^ Myra s oo,>rH>o.nent. Myra ha.l ono conf.uei.nt and ho Mn^cd tluTo di.nn.u' two n.ghtH. JIc never stayed ai any oMier eon- flnfniont except myself. ' / m u ■< I ch.jr-cd ,t 10 a week as I had a great deal of work to do, the wash- og and ijursmg I.cr all the tunc ; I was aware iMyra was in the lan.i. ly way >yhen she came to my hou.so and wa.s to .stay there until con- 6ned, beeausc the prt.es said bo. Ur. JJourdou told me that he hud b en spoken by Dr. More I and J)r. Hri.ham . tho prl was to stay V* thmonut.leonnncd. I did not know ..ho would have a misear nage or not ; 8hc had not the appearance of a full conlinoment I never expected her to have a ,,rematurc confinement, but that .sho would atay with mo until her full time. I did noc n,ysclf take any Bteps to procuro a premature birth. I did not expect h-r to be deliv cred of a child before her full time. 1 never .saw any instruments to procure abortion u. my house. I .should not know 8uch instruments unless 1 was told .so. .Myra began to shew being in the lan.ily way when Hho came to my place and Bho came, as Myra said to avoid th J BU.spicion.s of Mrs Montgomery. After Myra was de' wred, lac- compan.ed her back to I'hilipsburg and it was at that time that Mont- pon.ery had the conversation with me. I told Mr. Montgome.y ft.s ,. «us ; 1 told Mrs. Montgomery a different .story. I told Mrs. Mont- gomory a Hfory that was not true. ^Wi'o/i. — Do you seriou.sly expect the Court to bclicvo that you arc telling the truth when you 8.ay that a man of Mr. Montgomery's age and intell.goncc voluntarily told you what ho was not boui?d to rc- vca and upon the spot threatened to have you arrested, if you repeat- cd the conversation ? > j i Answer —Uim'aot .say what the Court would believe or not, tho Court will believe what it lik . . I did not think it .strange Mr, Montgomery an.sworiug the question. I suppose the threat of arrest was only to searc me. It wis on tho ,.J<-iday, I think, I drove with Mr. Moutgomuy and it was in the c.cning I « cut to Dr. Brigham's. I went to Bri-ham's for the pur- pose Oi getting Myra some medicine and then I asked Dr. Bngham if Mr. Montgomery could have mc arrested hero in Cmadv if j spoke about what Mr. Monfgnmery told mo. lie .said no, are you a damned '"."•./ ';™ J'*''- i^righam not only about the conversation I had with Mr Montgomery, hut as well about the tran.sactions at Swanton, i^r. Brigham tried to find out who was the father of the child, 1 told hini 1 thought It was Montgomery. I had promised Montgomery, while driving with him I would not tell. 1 kept my promise partly aud partly 1 did not On the same occa.sion, I told Dr. Brigham that 1 Jiaa told Mrs. Montgomery a story which pacified her at that time, but Hhc seemed angry, because .Myra had gone away and did not write. JJr Brigham asked mo if Myra waa hard sick, while at Swanton and If the Dr. had attended bcr faithfully. Dr. Brigham was theto when 1 mmmmmi'^m mmm mmim *ryrn V ^lyr.1 V >r. pai ucsda; indrcsf.- jell Urf tnry, oi Ir. 3Ic as not jMr. J\. Mt tirn( had u 'Use ntt ou wifh IS staji t it aad -During lyod tlm a tiling Kiiitlici («i Sworn ^\ (Si rn ra Fulic ^'TO lior a "J not Ik pod and Myr/i. •'I visit, flt I'iger I.!,' witi, li >■ while Ii pnw(!rn It; J did 'as sorry Ijecn wit "usions c gilt no c( mo alcti 'lo 8unda 1 at Sagot ^on. in Mr. Hon bath uor 'iio dcpi ■nhani b . 55. ^Jyra was taken sick. I saw Dr p • i ^Iy.a wa. staying witl. mo ^f/ra i'S l""'"" '? ^' ''''' '^' ^'""'^ ^r. paid l>.s visir, I think fc ^,I' Zlu^ ""'' "^.^^J ^^ . , /^""^y « "•■"no, a.s well a.s ■^« not a proper lio to toll and I .t ' doVt'V'"- ^'^''''- ^ ^"-^ i "^ time when ^y^: ^i,^'^:' ^^ ^j- .'^'thcr of the child, the « I'nd a conversation in tho fb^ . T'^ i'r ^ ^' "^^ ^^'^"l ce- ruse aUcndin;. her businer I ioVnM"'!^^""'"'''""^ ^''^ in the - .stayin.at Philijsbur^ 1 ,X V '"'i- ^."'"^ ^''° ^^-^^ I •y^li:^ ;:;:r ^ ^t^:^^^;^^; I w.. treated a. a lad, and - thing understood betw£ u" tha 1 !?" T,' "?^ *^'"- '^'o^tgomcry '""'■tl'Ci: ''^r-nent saith no/ ° "'' ^''° ^»^''" o^ the child (Si"'ncd ^ S««n, .to, ()cl„bcr4ll,, I872'""' ^^'^^-^N C. LAWla-iVCK 'M-ullor,8hohasbeenlivin.^atMr I ? ''''"■ *^^ ^ho p.i/oncr ^^ J'or about the lust of June I sunni? fr^^ f " ^ ^•''"''^ there J "ot heard of .,„y difficuhvat 1 ^ i ^ ''t "''^ ^"'^ ''" ^''^'^^ ^^i}^}- r had not seen Myni for no..5v ^^""""'^ "''°"^ '"'^ folks /■;:."• Mr. Montgomcr/?nformern^ •] y^--"" and I went top.y «t I'.geo,.. Hill ,,;t,;t,,^ 8v!er8 T lu 1 '? ''''' ""' ^^ ''o^ic, but f ww: ""• ''•^ ^'^''^ '- j'-j '- 'kn;:^1,.:: ''"i *'''^^"'f "' '-r „ot . 1 r^, '.'•'' '" -^o-'trcal, .vavi„,Mhr; ^ .^■■'-" ^'"^'^ '^I^ea her « PowcrfHl .nflucnee over h'er / e^w ' 'd'"'' ?'"^''° ^''^ ''"i^^^^^^ '^ I J di( 80 and 'n,? . o "i- wisiicij nio to stav witli M,,. m - -rry to pa;!' w!?;^ hoHlin^ll^V^-^ ^-- ^^^^1 ^ Ibecu w.th her sc.^e tiu.o Td aTwa ''''" t'"'*^ ^^"'■'•'"- t'l^^t^ c j' " 'ous of his eonduet toward he^ \:T^" \-[ '["■^'>- ^^'^ ^'^^o ^'t no company fl.erc at all On T^''? ^'^.'^ ''cr because she a cUcribrMyra, as J.e unde to ?I? "' ''•" '«°^"'""- '-^ '"-^Sunday morning following I TenM. P- '' S°^"" ^^ '"^'^"^'fr. ; ;' Sagor's. I a^kcd her why she tf? mT? ■^^'" ""^ ^"'""^ Mr' M " r"'''^"^"^^ ''^ what she told me T '"'"1°^^'^' '^'' f>'''^<' Mr Montgomery, at Pigcoa Jlil] „ ..^'i '?-''* •''» '■nt<^rvicw ^bath ruorn.Dg. about the last of j''" T .?"''' ^, l''^ ' '^ was on , 'OWuue. I charged him with having 06. bad connection with my dnughtor, and Rotting her in tho fnmily wny »nd of wndiDg her Swantoa to liavo abortion procured. Mr. Mont- r -larysaid "Incknowlcdgcniy guilt, but liiavo not tr.ngrc.od t Jaws of tho Dominion, and wimt was done on tho other sido^of the Jf 8 no and settle with nic. I turned to walk away, Mr. Mon tsomcry f.i;owcdout of the churchyard down tho street some little disluiee ; ^we had considerable conversation. Ican'D remember all of it, and ho •gain acJinowledged bis gudt, and set a time when ho would come and Ta "^I' 'V"'"^"'Sht, I think fron> the following Monday. 1 told him I dmtand.ng. ^Whcn I got home I thought I would go and .ce Mr. Montgomery agam. I went and as he was away from home, I did not Son S" t7'°"' i° ^'^'.^^ '^^'^ "° 1^""'=^"'''' knowledge of what had li.^ Ff °"t ^* ''''''■°"' ^}^"'' ""'^ Montgomorys statement that f Knew It. i was very much excited and ho tried to calm mc. CROSS-EXAMINED, I am one of the defendants in the case of the Quocn vs Sa-er- frlri ^^-^^nt/o see my daughter at Snger's, I went there sJrai^-ht frmn home I tlunk U was in February or March tl.uti last hoard iron, I,r 'm \7 \ °\ '"'" '"'^'''">- °^ ''^'^ '■''"'•''^ <''''t time. ^Vhc^l I ic t j\ir. Montgomery s I went to Sagcr's. I had a convcrsaM-„n wi'h ftn^.er and there was something said about her leaving Mr. Mont-o- hlV 't "r T^-.I^'Z ^''? ^^^"^^tl'i"^' «'''iJ between Sager and ane, ^un,la), r met Mr. Montgomery tk.t afierncou in the churchyard tnioie service. It was in re-ard to what .Myra had told me that 1 spoke mn. 1 spoke to Mr. Montgomery principally on what Myra had Komery had menncnscd her and administered an oath to her, that ^ hntever was said or done between Ihem she was never to tell or di- \u ge After that he had .exual connexion with her, I don't know Atl\^ ';":• '?' 'f ^^'''^ '^'"'^'^ *•'"*-'' ^"t if not, it was soon after. Alter that time ..he became in the family way, 3Ir. Montgomery pro- ^^ ed and gave her medie.nc and called Dr. Ikigham to lee her. I am not positive she told me that Mr Montgomery sent Ibr J)r. Brig- S'l f c ^^';-'''»^»„^»J see her, and they made arrangements to s nd her to Swan on IIo did not say who was meant by '^they" : at oil events ..he said Mr. Montgomery carried her to the station when she went a;v.iy and gave her in charge of the conductor, to see her Bale ott nt .Swanton. I cannot tell the whole conversation in detail because [ do not re- collect it; his conversation took place at Sager's house, af tho same con- TorB»tioo she said that she was with child then; she said Mr. Mont« . gomoryhad had connexion 'with her Binco she came back from Swan- .^; //.'^^"''''•J sonic conversation with Mr. Sager and then I went & T f'^'f'y^!^' ;vherelsaw Mr. Montgomery bitching his korsc. I spoke to him first, walked up to him, tapped him oS the \^ . iw ipiiii . _ 1,1,. ,, ... r)7. sliouldcr T went up ulon... snyin- I wanted to ppoiik to hiia ; wo willed away U,c other sdc of tho yard and I Jd like hi • tin M -ra ^cn ZZ:'t' ''1 ''^" '^ '"^^^"^ "'>°"^ .nc.norS.f^.: «1 c tojd you a 1 about Mr. Sagcr too." I said what about Jlr Sa 4^ hve w Ih mc and ever .mcc." I Haid Mr. .M^ont^^onKTy if yo vc ' an honest man as 1 took you to be, and you knowin- that to loin case, you would have let ,no known about it before no^! Id ,li ve jrou are lyu^K and I don't b.lieve a word you .ay I c^u ' s. v w h t ans.^r Jr. Montgon^cry n.ade. I LoIi.vcJ] Myra's Iryln^L^ ^ Mr^ Mont;;o..ory's. I charged bin, wi,b l.avin, i, no' u 'w h Myra and sendn,:,' lier to Swantou for tho juirnosc of ^-cttin-^ rid of he ch. d or havintj an abortion : I do not knJw the exaerw rd^ ] us d I am positive thathe said " I aoknowled,..d my guilt.'' J w s oxc Ud hi, ' . irf ' u • • ^ "'"«^'»'cry told you he was to he blaiMod hMu^elf for not having wntten to you ooncerniu. Myra'.s conduct wi'h in^:::;';o^ Is r ti:- """*'°" °^' ^"^'^ ^^"^^-*-' - «'• >- '-- When Ichargcahim with bavin- hnd connection with Myra -.ft..- l^..^.,^,aafohearU. It was at that n.ootinf,', on Sundav v.. .etc M,„„ ,,i, ,r, it.,,, „ r„r;„i.i,i'a„r hold ;„t'''Ci';': luitlicr than that be luu.stconio and settle with me • mv id -i ,A' ■,.(.! ' yl,i.,».«-.--2so. Sir. I am positive lie did not. My daughter « 20 years old ; slic wa« 12 or 13 when slic first left 8 ^•^•«WIP"W"«P i^Hllll lilJN^MtMim 58. Wjro and licrstcp mother did not. ugroo very well. (;>Hf«^-o».--After your interview with defendant, did yen s.-v any- thing, and what to Mr. S;.ger that day concerning that interview ? K. f r'T'T """'"^ "''* recollect for certain the conversation we had and 7JrtU To" ;'''°Tf ^'"" "^°"^ ^*- ^ ^'^^ '"" t^° substance ana shortly alter I went home. I went down again, I think it was on Thursday next, and stopped at bngor «, the reason wa.s being so worried I wanied it fixed up. v"'-^"on.— n hat were vou worrying about ? Mr Motit"^!* ^"^ "^^^^ *'"' *'"°"^'° ™^ daughter had got into with *rn?n '"""■""Pi'^ ^°" P^^'-''^ "'»* ^'^^'■- Montgomery could settle your troubles except by paying you money ? ^ touble but I thought if he would pay her .something and keep it quiet, It would be better th.an to be in everybody's mouth. »!,; n r '"j 'TY^^' settlement could you expect, or what else could ine j;efcndant do than pay you money to settle your trouble ? if h.T''"''~: i'^ "°* "P"''* *^"* ^'"^ <=o"^^ •]">''* "'y trouble then, it It had gone too far. i j > "- ^JMsfioii.^V^'hj then did you hurry there the Tucsd.ay y^u men- Answer -^Bcc.:iM,Q I thought the sooner it could be fixed up tho pctter. liy fixing up, I mean the .settlement of the thing by his pay- ing a sum of money. I did not find Mr. Montgomery at home on the ihuri^day but f tound Mrs. Montgomery, and I told her I came to see If we could settle up that afTair, for I had come on purpose. I may have s..i(l thati would thke legal proceedings to Mrs. Montgomery, I don think I j,d. I stopped at Sagcr's on my way and may have told him what I was going for. And further deponent .saith not. ('^ien<=^.) PETER FULLER. (bigned,) Sam. W. Fo.steb, District Magistrate. The depositions of W. arccn/ivniram Stearns, Ralph Laisell and lienry Ross by consent of the parties, h.aving been taken in duplicate, and being tho s.TJne as in the conspiracy case, were fyled ot' record m this cause. '' Charity Brimmer being duly sworn doth depose and say. I reside at T igeon Ifill. I know Myra Fuller and recognize her a.s being here n Lourt^ bhe remained at Pigeon Jlill nearly three years ; residing there before she went to Mr. Montgomery's. Her character for troth and veracity .3 not on a par with other people. Since leaving Mr Mon^omcry a I understood she resided at Soger's. I would norfrom my own i:nowledge behove her under oath Cro»8.i;xamined by James O'llalloran,' Esq., (^.C. 50. The reason why I say her charactjr fur truth and vor-.clty i.s not (rood, is tlic gross lies tliat slin has told ahout mo. I licard soiiu-hody clto say slic couhi n(»t he. boliuvcd uiidi-r r.ath frniii f,'oncral rojxirt. I heard Hiy own -istcr say that she cmiM not h.;liovc hi-r, hrcaii-n she liod abi.uthcr ; Mis.s Katie IJutk-r and Mrji. IJutlcr 1 heard stat; tlio same thin-, they live at l'i;,'cuii Hill, I heard them botli hay^tii(7 would not bolicyo a word she said. I never knew that My:a Fuller had sworn falsely previous to this trial. I do not visit at l5a-;<'r'.s, be- cauM'. of tho abu.se they have fjiven nu\ in reference to the brothur ot' iMyra Fuller. The brother of Myra Fuller lived with us, and I have reason to believe the boy attempted to set fire to my buildinj; and that Myra wnr, a party to it. The abuse that I .suffered, arose from my cxpre.ssin;,' my conviction as to the guilt of thcso parties, of attempting' to set lire. },h\ Sa-^cr abused mo by telling thu boy to come to tiio house when I had forbidden him. And further deponent saith not, Ac. (Signed,) CHARITY BlUMMKIi. (Signed,) Sa.m. W. FosTkr, District Magistrate. TifE .iiJi>«!?ii'::vT. THE CONSl'IRAOV CASK. The prisoners, John M. Sager, Elmira Fuller and Potor Fuller, arc charged before the Court with having on the second day of August last wickedly devised to deprive the llev. Hugh Montgi'im-'ry, of the village of Philip&burg, in this District, (jlerk in Holy Orders, of his good name, fame, credit and reputation, with unjustly and unlawfully extorting and obtaining iVom said Montgomeay a large sum of money, to wit, the sum of $1,500, and with having unlawfully conspired, com- bined and agreed together, falsely, unjustly and wickedly to charge and accuse .said Montgomery with having had carnal knowledge of the body of .said Elmira Fuller, and of being the fath.rofthc child where- by said I'llmira; Fuller was pregnant. It is unnecessary that I sliould make any comment, in the present ca,sc, upon the evidence adduced before me on this charge, as 1 have DO hesitation in arriving at tho conclusion, that, according to Law, sufficient evidence has not been adduced to establish any concert, or agreement, such as the law require.., to make good u case of coii- •piracy. Two or more persons may consult and agree to prosecute a pcr.son of a crime against whom rea.sonable suspicions exist, without being guilty of a conspiracy. While discharging tlie prisoners from this ac- cusation, I must, however, condemn, in the severest terms, thj fetter written by the accused, John M. bagcr, on the 22nd of June, 1872, iu which, in tho most audaciouo manner, ho writes to Mr. Montgomery i i i . ii i i n ' iiy.11 1 " / mp ii» w iii' i i »»" »| "' ' .!•» ^^^^WP fiO. thntlic iflfiwnrc of his conduct with Klniira I'liUcr, nna tliat h (Mont-oniory) cnii sottlc with liini for licr bcnolit for tlio sum ol fiftconliumlii'd doUnrH, or Iio wrriKl follow it to tlio full oxtcMit sf tlu; l;i\v. . Tlio circiimsti'iieis iu this case point with v(;vy stron;; su.-puMon to the intimacy hctwcon tho prisoner, .lohn M. Siij^or, and thin prl Klinira Fuller, and further, by what riu;ht (luir father bein^ alive) ho undertook to write fluch a letter, unless in the hope of coercing; Mr. IklontfTomcry, into compliance with his extortionate demands, and thereby avcrlinf); Ruspicion from liimself, I am at a loss to under- stand. It is fortunate for the aecu.-ed, Sagor, that the ehariro aj^amst ium is not for attemptin;j; to extort money by me;ins of a thre.itciiin'4 letter, but, upon thecharge of conspiracy, iho decision of tho Court is, that tho (jvidenco adduced is insulhcient to justify a conviction niK I'KJt llY CASK,. The Queen /.s' Reverend llu-h :Mont;j;oMiery— The cliarj^o of per- jury against the accused is made by one l-llmiru Fuller, in which re- ferring to the charge of conspiracy against herself, John I^I. Sager, and Tctcr^Fuller, she states that the Ucv. Hugh Montgomery, in the con- spiracy case, falsely .swore Tho grave nature of the charge so preferred, as well ns the position occupied by tho accused as a Clerk in Holy Orders, rendered it neces- sary that time and care .should be taken in the trial, mid that its dis- position should receive the most serious eonsideration. ^ J3y wliJim is this charge attempted to be sustained ? Flmira Ful- ler, Kvelyno 0. T>awrence, and I'eter Fuller. The testimony of Kl- mira Fuller alone is insullicient, of itself, if unimpoaehcJ, to sustain n char-'O of perjury ; as the principle of law is thxt oath against oath is altogether inoperative upon such a charge. As a question ofcredibili- ty notwithstanding all the circumstances of suspicion to which coun- hcilbr the prosecution adverted, 1 disregard the statement ot the -irl Flmira Fuller altogether, in so far as she imputes the condition she was in to the conduct of Mr. Montgomery. No doubt she was preg- nant : no doubt, too, she was prematurely confined of .-i child ; but there is evidence pointing to the existence of an intimacy between her and John M. Sagcr, and their being seen ti>gether at dinerent times and places, under very suspicious circumstances, and of his yi.-jiting her during her residence at Mr. Montgomery-^ and moi^ c.^peeially in the absence of Mr. Montgomery and his family, and of hlmira J' uUer visitin-r him \i-^:v'cr\ oiten at his own house, at times when Mrs. Sa-er was not at home, and remaining with him there for days when Mrs Sn^er was not at home ; and tho surreptitious manner in which Sa^er finally took her away from Mr. Montgomery's bouse to himse.l, and the questionable way in which he has since kept her. This bcin^ in evidence, the duty of considering the probabilities ns . to whether Mr. Montgomery or Sager was tho lather ot the child, is '"*1?!Nii mmmfmmmimmmm til. Uirown upon ino, nrrl, in view of tho nwop: ! "•tininny of Mr. Mont- f^omory in tlio cnnspi icy ciiso, I liavo n '.whI itioti in foriuiu;^ my oiiiiiion. If Silver '.MS imioi'ont in Ills ii,-.ii.i.Ui«o with tlh trirl, Kl- , •lira bailor, (if. tiiy Min.nnn'i I'Mt.i'ui ' why dlil ii'.t t;i<> j.rii>,'ciiiif'U brinu' rorwiinl S.i^cr to rwoar that he iiad ha.l no carnal intireourso with her. If thn proscoutlMn had douo so, and Saj,'nr, unon cxarniiia- tion aiidcross oxaii 'lalion, liail Mforn po.sitivoly that ho hail iiol. (lion m\tw wo.i-^ht mi;;ht be givi'ii to tiio circuuu^tanoos of horliciiii? r-inlincd, and of Mr. Montf^omcry'H trivinj; money to I)i*. llii:-'haiu. Mat, m tho ca.so i^t.inds, I ro tico of Sii^i-r'.s ovidum-j ii.s ri'iii-'lusivo on this point a^'ain.sttlio jiriL^ccutiou ; that, bi'In,^ ft coinpctc.it witiivss, and not boin;;cxan\inod, tlio presumption i.s that lio couM not l.aVf sworn that he had had no such conntotinn with her. Thiii, ajraiii, Sa<,'or wrote a tiiroatcnln^ loiter to Mr. Mon{'j;oniory, clai nio',' ^1, ■»<><). othcrwi.sc threatening; to prosecute him. 'i'ho in.solcni and iui['iyhiit tone of this letter Hhow.s that ho was prompted by .'■omodi'-prratc mo- tivc, and it is easy to presume thai, ho had an interest in throwing tho responsibility off from his own shoulders upon thd.-c of Mont- gomery. Then, as to Elmira Vulh^r'.s credibility. — She is .-hown ti> be un- truthful, and, on her own -confession, to bo a };irl of bad repute ; and, moreover, she i.i shown to have sworn fajsoly. Sl.o swore that Dr, J5ri;j;hatn made a professional . \,iuiiiiiitioi. of her j>or '^n, lor tho jiur. pose of ascertainini,' whether she was or was not in :.. family way, in tho library at Mr. iMont;r'">ninry's house. l>r. .^riL^ham swear.s tliat ho made no .'•ujh examination there. Then, attain, .Mrs. Lawrence, nnotlior witness for ti '^ prosecution, in my opinion is unworthy of belief under oath, beoau.^e ^''^t»' i mi i ' 'm^mp^' ' 'ii '. '! m> m i— ■■ > i m .mnw Apart from thcgrc.it improbability of such a statement, she havinjj been fibowii to be of doubtful chanicfor, and to have sworn falsely, her ti'siitnoiiy in my opinion is unworthy of credit. • Tlicn as to J.*ctcr Fuller's credibility. lie gives no positive evi- dence of a nature to prove a charge of perjury again.stthc a^eu^ol and, besides, ho forj^etB so much, in iiis cros.s-cxamination, as to render questionable that part oj his evidence about which ho claims to bo 'crtain. Great stress hn' been laid by counsel for the prosecution upon a variety of circuuistrinecs bearing against Mr. .Monti,'oniery. For my own part, with all his iniprudnnec of conduct with Klmira Fuller, I consider all the eircunislanecs susceptible of explanation, consistent with the conviction of his entire innoccuco of immoral conduct. This Court does not sit to be the medium of giving publicity to vnguo suspicious and vile slanders, nor to determine whether what ono man docs under a ten-se of deep obligations for important services ren- dered to hi.s family, is or is not exactly what any .other man would or would not do under the same circumstances. The conclusion I have come to, and one, I may say, I have arrived at unhesitatingly, is to dismiss this prosecution, because there is no evidence to justify a conviction. SAM. W. FOSTER. i^, PUOVINCE OF QUFBP]C, ) DISTUI'JT OK BEDKOUn. J liEFORR THE DISTRICT MAGISTRATR'S COURT. The Queen, vt Reverend Iludii MoNTGOMERy, on CuAiiaB OF Peujitiiv. The snid District Magistrate having refused to commit or to bail the said Hugh Montgomery, charged with the above offence, to be tried for the same, Myra Fuller, the Prosecutrix in the above ca.se, hereby requires the said Magistrate to take her recognisance to prose- cute the said charge or complaint and to transmit the said recognisance, information and deposition to the proper officer. (Signed,) MYRA FULLER. Nclsonville, December 2iid, 1872. JUDGMENT OX THE ABOVE APPLICATION, Application is made to nu by Counsel for the prosecution in this case to take the recognisance of the prosecutrix under the 29th Section, 32 and 33 Victoria Chapter 29. .'S I am prepared to grant this appUcatioQ whoa ^d so sooq as a writ- ten sbo '] cha 03. ten ftpplioation on tho part, of tbo prosecutrix is fylod, ilco.ifirlnr; thac sbo desires to prefer an indiclmcnt rcspcctinf,' tlic offence eluirgcd. The judgment I have rendered in the case rcmuin.s in force, dis- charginj,' (lie prisonor. (Signed,) SAMUEL W. FOSTEil, District Magistrate for said District.