GLENN-CLORE paternity case 1869
TAKE Note: All but the last part I never found in the newspapers (so can’t tell ya’ who won but I’d say Glenn?) but these may not be in order either. I thought about just nixing the whole thing but I had type pages and pages so here it is – FOR WHAT IT IS WORTH – it IS interesting for sure !! - kbz
Source: Crawfordsville Review 23 October 1869
Glenn-Clore Seduction Case.
Margaret Clore
Ques: Did you not, on the 15th day of March at Mr. Garland’s say to Sarah, Jackson & John Cannine that you could have got Bill Glenn, at any time after you was in that fix up to the time the child was born, but you could not get your own consent to have him?
Ans: I told them that I couldn’t get my own consent but didn’t tell them why. They came there the 7th day after the child was born. I was very sick, they talked to me till I was nearly blind and couldn’t raise my head to get a drink of water.
Ques: Did not your uncle John Canine then in that same conversation say to you, “Maggie, how is it possible that you could let Bill Glenn go as far as you say you did, and then not get your own consent to marry him when you found you was in that fix?
Ans. I don’t remember that question.
Ques: Did you not on the next morning after the child was born say to Mrs. Jackson Canine (in the presence of Jackson Canine) “that your mother had you get the almanac just the day before and count up time” – and there stop.
Ans: I did not.
Ques: Did you not, on the morning after the child was born tell Dr. Steele that the child was Dick Garland’s.
Ans: No sir, I never did.
Ques: Did you not tell Dr. Steele that morning to see Dick and tell him to come to you, and not to say anything about it till you had a private conversation with him, because if anyone said anything to Dick about it he would tell the whole thing?
Ant. No sir. Qua. Did you not, on that same day, the 13th of March, tell Dr. Steele, that they would kill you right on that bed if you did not clear the Garland family
Am. No sir. Ques. Did you not, HI the same time, tell Dr. Steele that you was forced to swear the child to Glenn, and to clear Garland's family
Am. No sir, I did not. Ques. Did you not tell Dr. Steele, at the same time, that you felt better after word had been sent to the justice, not to eome?
Ant. No sir, I did not. I was not in any improper connection with Richard Garland, in a buggy, on the road leading past Abraham Clark's, on the 3d.Sunday in June, and was not on that, road on that day. William Glenn was at our house on the 3d Sunday in May I dou't remember his being there on the 4th Sunday. Dick and I went together whenever business called, or to church. We went as brother and sister, and in no other way.
SECOND DAY.
Thornton Watson recalled - William Glenn came to my house on Saturday morning; we went down to Garland's together. We went in the house together the child was born on the 9th ;this was on the 13th when we went in the room she was on the bed. He took her by the hand, and said 'I understand you say this child is mine," and she says "Yes. it is." I remarked, "the less said now the better,” he said. "She says it is mine and she has the law on her side.'' She said "You don't expect to came up to it then?' He said "No I don't." He stepped up to the bedside and said "Maggie, I want you to study this matter over, and try and find the right person.”
Cross-Examined.—I don't recollect that in that conversation he said it was not his then he said he had nothing but his property and his life, and that he would spend both if necessary in his defense: That is what 1 testified to at the trial before the magistrate at Browns Valley. I went after Glenn on Friday evening at the request of Margaret Clore. He said he would come by for me in the evening and go. The conversation detailed was on the 13th of March. I saw nothing at that time of John, James, and Sarah Canine. Dick Perry and Margaret were present with us. I did not hear him tell her that it was not his child and that she knew that he knew it was not while they were talking. There was a silence of about ten minutes. I said I would advance the subject if I could with pleasure. Glenn said it was not worth while for him to say much; he said he was just as near it as he ever would be; I did not testify before the magistrate at Browns Valley that he denied being the father of the child; I have not been officious in getting up this prosecution; have not hunted up any witnesses. Did not advise who to summon; have not taken any active interest in this suit more than any other witness.
The following letter was then put in evidence by the plaintiff:
Macon City, Missouri Jan 17, 1869
Friend Maggie:—It is with pleasure that I write you a few lines, aud hope they may be received with the same. This leaves me in good health, and I also hope it may find you the same. It has been four weeks since I left home, and I don't know when I shall get back.
I was at Lindsay Hanna's and learned that you was in very bad health, I hope you will again be restored to health. It is worth more than riches as when that is lost all is lost. I would have called and seen you before 1 left, but I was compelled to leave sooner than I expected. It would have been a pleasure as a friend, and I can claim to be nothing more, though I hope to remain such as long as we both shall live.
This is a healthy climate. It has been very pleasant since I came here. Health here is very good.
There was a big fire here last night. There were three store houses burned, and two or three small houses. It made quite a light. I was awakened about four o'clock in the morning by the ringing of bells. It was something near a mile from where I was but I could see to read.
This is quite a business place. Trains are going and coming every hour in the day and a great deal of travel is going west.
I received a letter from home a few days ago which informed me that Ben Mitchell had gone to Kentucky to get married. I wish him a safe, successful, and happy journey.
Maggie, as there is not much news of interest here I will close for this time, hoping to hear from you soon, if I may with pleasure to yourself. Excuse bad writing and direct to Macon City, Macon county. Missouri. Respectfully,
Your Friend, W. T. GLENN.
[Plaintiffs evidence closed here except as to Perry Garland, who was not within call]
For the DEFENSE.
Judge Glenn.—I live in Brown township, in this County. I have lived there forty-two years; William Glenn, the defendant is my son; he went to Missouri in December 1868 and came back six or seven days before this child was born – about the first of March; on the second Sunday or 14th day of June, he was at home until 5 or 6 o’clock in the evening; I was with him all day; I fix that date by the fact that on 1st Sunday in June was the regular meeting at Freedom Church and the funeral on that day and the Monday after the next Sunday was the day we commenced cutting clover hay.
William went in the evening to Mrs. Wible’s to get William Wible to help us with the hay; we had made arrangements before that for young Wible to help us cut hay – on the shares. He started towards Mrs. Wible’s in a contrary direction from the Garlands; he went in his everyday working clothes; he came home at about 12 o’clock, came into my room and lit a candle; on the 31st of May, I went to a Dedication meeting at Lodi left my wife and William and two little children at home. Lindsay Hanna came to my house on Monda;y he appeared to be greatly excited; my wife asked him what was the matter; he said, “Oh matter enough,” I have lost the best friend I had in the world by taking the part of William in this trouble.” My wife says if I hold in this position I have no more interest in the family.” He told us that what Dr. Steele had said about Maggie’s having told him it was Dick’s and said he did not believe the child was William’s.
Cross-Examined – We talked that Sunday over our arrangements for cutting clover hay; William went away and came home about 12 o’clock at night; we commenced cutting the next morning; it took the bigger end of two weeks to cut and put it up; there were 12 or 14 acres of it; we cut in the morning and put away in the evening.
James Glenn – I live in Brown Township, Montgomery county I live with my father; was at home on the second Sunday in June. William was there till about six o'clock in the evening; he went out to the big gate, and I didn't notice which way he went from there. When he started he was dressed in his every-day clothes; don't know when he came home. I fix the date by a memorandum of business transactions was selling machines and got to father's on Saturday night. The week before that Sunday the next Monday we went to cutting clover hay; we hud two loads and had got as far as the gate, when Wible's wagon got stuck. We had from 10 to 12 acres of clover to cut, all very heavy. I went away the next Tuesday at 12 o'clock. I was not at home every other Sunday, all day all that month the first Sunday I was at Aunt's funeral the third Sunday. I went to church at Freedom, and to hear Elder Thompson in the afternoon and the fourth Sunday I was at a basket meeting at Stump school house; I have been principally raised right in that neighborhood; believe for the last two years, I have not seen Maggie Clore without Dick Garland with her; never Saw Dick at a public place without Maggie; he seemed to pay as much attention to her as any young gentleman would to a young lady; never saw William with her but once in five or six years; that was the winter following my return to father’s; three years ago we had been to Freedom Church to meeting; they were about 100 yards from the church when I noticed them.
Cross: I am a brother of the defendant.
Nancy Wible – I live in Montgomery County about two miles from Glenn’s was at home all day the second Sunday in June. William Glenn came to my house between six o’clock and sundown and stayed till 11 or 12 o’clock; he was dressed in his everyday working close (sic).
Cross-Examined.—He came to get my son William to help them cut clover hay the first Sunday there was regular meeting and a burying the second Sunday. There was no meeting: the third Sunday there was regular church meeting at Indian Creek.
William Wible.—I live about two miles from Glenn's: on the second Sunday of June 1868, I was at Marion Vancleave's till a little before sundown. William Glenn was at our house when I got home—about dark he left, our house between 11 and 12 o'clock while he was there he and I were laughing and cutting up a good deal. He came to get me to help put up clover hay: we commenced the next Monday. I helped him the biggest part of two weeks. Was working for hay. I hauled some of the hay home passed right by the house of the older James Canine, and right by John Spencer's house.
Cross-Examined.—The first Sunday, old aunt Sally's husband's funeral was at Freedom church, and the Sunday after that I was at Marion Vancleave's. Don't know that I remember what kind of clothing he had on from Glenn's to Garlands; the distance is about three miles.
James Canine—I live two miles north of Waveland, about a mile southwest from Glenn's. Am a cousin of Margaret Clore. On the second Sunday in July I saw Glenn nearly a quarter of a mile northwest of Freedom Church, in the highway, going east. The general direction of the road is east and west but owing to an elbow in it he was going due south. He was on horseback and in his every day clothing. He was on the direct road to Mrs. Wibles. There was a sick daughter at the widow's whom my wife went to see on that Sunday, and I wanted to cut my clover hay next morning and went to get young Wible to help me. I have dates by which I know I am right. Dates in my stock book. My dates show that I commenced cutting my clover hay on the 15th of June. I was at Mrs. Wibles on the 14th. In the summer of 1868, just this side of Indian creek, in a little scope of woods, I overtook Dick Garland and Margaret Clore on a load of shelled wheat together. He had one arm around her and she had one arm around him and they put their faces together. This was a little before sun-up. On the Monday after the fourth Sunday of May. Dick Garland brought some mares to my house. Have lived in that community since 1861. Never saw Glenn with Margaret but once. That was at union meeting. Can't be positive as to seeing them but once. I saw him at church on the fourth Sunday. Have seen Dick and Mag together almost as often as they would go out.
Cross-examined.—It was during the summer of 1868 that I saw Dick and Maggie on the wheat together. I was on horseback. Was within from twenty to twenty-five feet of them. The wheat was sacked. The feeling between me and the Garlands has always been good until this case. Since then we have not had the same correspondence as before. Have no feeling against Margaret except sorrow for the mistakes she has made. I brought my stock book with me on my own account.
John Spencer -- lives in Brown township, on the road between Mrs. Wible's and Mrs. Glenn's. On the second Sunday in June, along late in the evening, I met William Glenn between my house and Caleb Conards. He was coming east. He had on common clothing – everday clothes. Am not related to Glenn. I know it was the second Sunday in June because William Wible was hauling hay the week after past my house and I bought a wagon and helped him the week following that, and I know the date by the date of the note I gave for that wagon.
John Rice – I live a quarter of a mile northwest of Browns Valley. Am a brother-in-law of defendant. On the second Sunday in June in the morning, I went to father’s. In the afternoon I went to meeting at Whittington school house After the sermon, which commenced about 4 o’clock, I went to Judge Glenn’s. William Glenn was there and started away in a few minutes after I got there, about 6 o’clock.
Mrs. Martha Glenn --
Am mother of the defendant. On the evening of the 31st of May, I was at my daughter’s till about 5 o’clock in the evening. I went home and found William and a little boy there. There was no one else at home. William stayed at home all that day. My husband and eldest son had gone to Lodi to attend a dedication meeting. I was at home all day the second Sunday in June. William was there all day till about six o’clock in the evening. He then went way on horseback east. We had meeting on the first Sunday in June, a funeral at Freedom Church and on the second Sunday we had no meeting and were all at home. Am no relation to Margaret Clore. Never saw William with her. I generally go to church. Never saw Dick and Mag out except they were together. Never saw them often.
John Canine.—The plaintiff is my sister's daughter. Am not related to iiliam Glenn. On the 15th of March was at Mr. Garland's. Sarah and Jackson Canine were there. Margaret said that she could have got Bill Glenn at any time after she was in that fix, up to the time the child was born, but that she couldn’t get her own consent to have him. I asked her how in the world it was that she could let Glenn go as far as she said she had and then not be able to get her own consent to marry him? I was at Garland’s the night the child was born. Calvin Garland came for me saying Margaret was very bad and did not know whether she would be alive when we got there. On the 15th of March my brother Jackson had been talking to them, trying to persuade them to drop this matter. Mrs. Garland spoke and said she thought it was best for Maggie to swear the child and asked couldn’t she just swear the child and drop it at that? Brother said if he was Billy Glenn, if the child was sworn to him he would not let it drop at that. Don’t recollect seeing Glenn paying any attention to Margaret. Have seen Dick and Margaret come together to our meeting a time or two. Have seen them pass my house going to Waveland. I don’t know how many times. William Glenn was not at Garland’s the night the child was born.
Cross-examined: Cal. Garland came after me.
Sarah Canine —Am no relation to Wilam Glenn. Jackson Canine is my husband. Margaret is a niece of mine by marriage. Was present on the 15th of March when she and John Canine conversed. I heard John Canine ask her how in the world she could let Glenn go as far as she said she had and then not be able to get her own consent to marry him. She answered that she did not know. Dora Hanna was not in the room. We wanted her not to go to law. Mrs. Garland said she could just swear it and then drop it and that would clear the family. I have lived there 15 years. Have not had much acquaintance with Margaret. She visited her grandfather once in awhile. Saw her out once in awhile. Never saw her and Glenn together but once at William Canine’s at a wedding. Didn’t notice any particular attention. Never have seen her and Dick Garland together. Have seen them both at church but don’t know where they came together.
John Canine— Margaret lore is a niece of mine. Am not related to William Glenn. Was at Garland's on the 15th of March. Wife was there with me, and John was there. John asked Margaret how it was possible for her to let Bill Glenn go as far as she said she had, and then not get her own consent to marry him. She said she did not know why she couldn't get her own consent. It was asked by Mrs. Garland how it would do to swear it to Bill Glenn and drop it there, and that would clear the family. Said that if Billy Glenn had the spunk that I had he would not let it drop there. They said, let him take it to court, then, and let Mag not appear against him. Have never seen Glenn and Mag together. Have seen her and Dick together. Don't remember seeing her at public gatherings. There was a good deal of talk that day.
Cross-Examined.~On the 1tth we got there, soon in the morning left in the afternoon. Wife, brother John and myself talked to Maggie a good deal. There was a good deal of conversation going on in the room. Don't know of any bad feeling between the Canines and the Garlands. They don't all seem to understand thing" just exactly alike. They never have failed to speak to me. Can't say that there is any bad feeling between them. About the time Margaret- thought she was going to die, heard a will spoken of. No disagreement on that account. Heard about the disposition of her property some conversation with her about it. Asked her if she had made a will. She said that she had. She said that' there were some people she intended never should have any of her property, aud there the conversation ended. If I understood right, she had left hnr grandfather five hundred dollars and John Canine five hundred dollars, the balance to the Garland children. She is a niece of mine, an orphan,' has no brothers or sisters living.
Rexamined—Heard about this will business about the time the child was born. Heard that about the 5th of March, before the child was born, the will was changed and her grandfather and John Canine cut out. She went to Waveland and changed the will. She went with Dick Garland. 1 never saw the Will. Heard this report about it. The change made no difference in my feelings. It was her own business. I did not mean that there was any unfriendly disagreement between the Canines and the Garlands. There was no unfriendly disagreement.
Marcus O. Sullivan.—Live in this countyabout 3 ½ miles from Glenn’s; am not related to either party in this case; was up at Garland’s the 15th of March, Monday week after the child was born; heard Mr. Garland ask how it would do to swear it to Glenn and then drop it; the old woman said, “Yes that is what we are after – to clear the family and Mag could clear herself, have been there in that neighborhood for at least six years; have been to all meetings; have not seen Glenn with Mag at all; have seen Dick with her to meeting and riding around the roads there in a buggy to his brothers and other places; have seen them come together to church; don’t know that I ever saw them come together to any other gatherings; my wife was there at Garland’s.
Cros-Examined: It was on the 15th that I was there; it was in the evening after dusk.
G. Thomas Thorn —Live in Parke county, a mile and a half west of Garland heard Mrs. Garland says that they were in for clearing the family, and that Margaret might clear herself; it was at Garland's while Margaret was on the bed, shortly after the child was born and in the west room that I heard this; never heard the old man say anything about it.
Mrs. Martha Canine- Live in Brown township 2 ½ miles north of Waveland; have lived there between 30 and 40 years. Am aunt by marriage to Margaret Clore and cousin of Wm. Glenn; never saw Glenn and Margaret together but once at a wedding at my house; saw no marked attention. Dick Garland brought here there.
Cross-examined – Have no feeling in this case beyond a desire to see justice and truth prevail; and hope and pray that justice may be done, let it come where it will.
Anna Fulwider – I live at Mr. Bower’s in Parke County; in August 1868 I lived at Mr. Garland’s went there the 5th of August 1868 and stayed there three weeks and three days; I saw Dick on the bed with Margaret in the west roomn of the old house. It was a small bed – Dick Garland’s bed – three feet and something over in width; I was in there washing the dinner dishes; she was lying there and Dick came in and laid down by her. I have seen her go thro the boy’s room with her night clothes on; William Glenn was not there while I was there.
Cross-examined: It was in August, shortly after dinner; Maggie laid down on the bed in the same room where I was washing dishes; Maggie was sick that day; Dick was sick too; had his face poisoned; didn’t see him touch her; he was only there a few minutes; they laid with their heads the same way.
The next witness, Miss Martha Wright,
DEPOSITION OF MARTIIA WRIGHT (having been thrown from a buggy the morning before, the court ordered her deposition to be taken).
Ques: What is your name? Answer. Martha Wright.
Ques. Where is your home? Ans. Parke county, between five and six miles from Mr. Garland’s
Ques. Where were you on the third Sunday of October, 1868. Ans. At Mr. Garland's.
Ques. Did not Margaret Clore tell you, at Mr. Garland's house, on the third Sunday of October, 1868, that she did not love Bill Glenn, and would not have him, nnd that it was not worth while for him to be coming to see her? Ans. She did.
Ques. Did not Margaret Clore, on the Monday morning after that third Sunday of October, say to you, on the road from Mr, Garland's to Miss Wright's, that she had slighted Bill Glenn two or three times, and that he had not sense enough to to take a hint, and that she was not engaged to him and would not have him? Ans. She did.
Ques. How do you ktuw that it was the third Sunday of October, I868? Ans. Because Mr. Thomas always preaehes on the first Sunday, and two weeks from that day Bill Glenn came there, and his coming brought up the conversation.
Ques. How many times, was William Glenn at Mr. Garland's during the time that you iived there? Ans. Once.
Ques. How long did he stay? Ans. He stayed the night.
Ques. What kind of attentions were paid to Maggie by Dick Garland during the time that you lived there?
Ans. Well, he paid as much attention to her as if she had been his wife more so than any brother and sister. They were very familiar with each other.
Ques. How was it with regard to their going from home frequently, together or otherwise?
Ans: They always appeared that wherever one went the other had to go. Wherever Maggie went Dick went along and when Dick went Maggie had to go. I went in company with her frequently and she always went with Dick. She did not go with anybody else.
Ques: Who would go with you when Dick went with Maggie. Ans: The old folks and Dolly, generally.
Ques: When if at all did you go alone with Dick & Maggie?
Ans: Only the time they came together in the carriage to take me from my home to Mr. Garland’s.
Ques: When you went anywhere to church or anywhere with whom did you leave the house? Ans: If Dick and Maggie and I all went, I always went with the old folks.
Cross Examined: Ques. Did not you and Maggie frequently go out alone without Dick being along? Ans: Yes, we did. I mean that we would often take evening rides. She went down home with me once visiting.
Ques: What is your age? Answer. 19
Ques: In the conversation the third Sunday in October between you and Maggie, referred to by you, were you and Maggie not joking about your brother and Bill Glenn. Ans. I was joking her about Bill. There was nothing said about my brother that I remember.
Ques. State what the attentions were that you saw Dick pay to Maggie during your stay there, that you speak of in your examination. Ans. I can’t hardly express it. He always paid more attention to her than to anyone else about the house. He would always see that she was fixed out to go anywhere. He always paid a great deal of attention to her more so than to anyone else about the house.
Ques. Are there all the attentions tha you know of Dick’s paying to Maggie? Ans. Yes excep that he would always go with her.
Ques. How often while you were living at Mr. Garland’s did Dick and Maggie go out together?
Ans. Can’t tell how often but frequently.
Ques: How many times did they go together during your stay. Ans. They went three times that I am positive of.
Ques. When you say three times do you include all the times they went alone and when they went with the family. Ans. Yes, sir, they went together a great deal. No, because they went out on the farm so much, to the barn and scales, time and again… Martha Wright. Subscribed and sworn to before me, this 13th day of October 1869. Levi B. WILLSON Notary Public.
Concluded next week. (6 Nov 1869 actually)
Glenn-Clore Seduction Case continued p 2
Deposition of Thomas Whittington
Question: Where do you reside: Answer: Waveland, Montgomery County, Indiana.
State if you are about to leave the state of Indiana/ Yes, I am.
State when you expect to leave said state and how long you expect to be absent? I expect to leave Tuesday and remain about two months.
Are you acquainted with Lindsay Hanna? I am
State if you had a conversation with him in Waveland last spring in relation to the whereabouts of the defendant in June 1868?
I had and he stated to me at that time and place that he knew that the defendant was at Garland’s the second- Sunday in June 1868 and gave as his reason for knowing this that he (Hanna) and his wife and Luther Garland and his wife and the defendant were alla t Garlands and took dinner there together, having gone there from the Old Union meeting.
On that occasion who did he say was the father of Margaret Clore’s bastard child?
He said he believe that young Willhite who fell and killed himself in Crawfordsville was the father of the child and he said he did not believe Glenn was anymore the father of that child than he was. Thomas Whittington.
Deposition of Tyre G. Whittington
Question: State where you reside. In Montgomery County, Indiana
Do you expect to leave the state and if so how long..
I expect to leave the state of Indiana next Tuesday and remain away two months.
Are you acquainted with the defendant, William Glenn?
I am and have known him about 19 years.
What do you know about the whereabouts of William Glenn on the third Sunday of June 1868. He was at my house on the third Sunday in June 1868 – came there with several others about 2 o’clock in the afternoon from Freedom Church and remained there until about 4 o’clock. He then left my house and went up to the school house to hear Elder Thompson preach. After preaching he returned to my house and remained till after sundown.
Cross Exam: Is there any circumstances by which you can call to mind the fact that he was there the third Sunday in June, 1868? I was Sec. of Sabbath School at that time. I made a minute that Sabbatch School was opened by prayer by Elder Dooley and that minute was mad eon said third Sunday … Thye G. Whittington
Deposition of James … Reside? Mo Co. State if leaving – expect to leave next Tues remain away two months.
Are you acquainted with William Glenn? I am for about 19 years.
What do you know third Sunday June 1868? I was with him at Freedom Church. Came hom with me to Tyre Whittington’s from meeting. Stayed at our house till about 4. Both went to school house No. 3 to hear Elder Thompson preach. Went with me back to Tyre Whittington’s after meeting and I then went with him to his home at Judge Glenn’s and stayed with him there until 9 or 10 o’clock that evening.
Cross-exam. How know third Sun in June 1868? Because Elder Dooley preached at that time every third Sun at Freedom and I know it was not the first because Old Mrs. Hanna was buried on the first… James Whittington. Hereby agreed that if the above depositions are read in either of the above cases they may be read in both so far as applicable and we hereby waive the notice of the time and place of taking the above depositions and the officer before whom take. Kennedy & Galloway and others for plaintiff.
I Wm P Britton, Notary Public for said county and state hereby certify Tyre G., Thomas and James Whittington the above named deponents were by me first duly sworn to tell the truth, whole truth and nothing but the truth in an action for bastardy now pending in the Court of common Pleas of Montgomery county Indiana wherein the state of Ind on the relation of Margaret Clore is plaintiff and William Glenn defendant and in an action for seduction now pending in the same court wherein Margaret Clore is plaintiff and Wm. Glenn is defendant that the foregoing depositions were all written by me and that said deponent severally subscribed their depositions after the same had been carefully read over to them by me. That the said State of Indiana and said Margaret Clore were present by attorney at the taking of said depositions and that all said depositions were taken at Crawfordsville in my office in the county of Montgomery state of Indiana 11 Sept 1869 agreeably in all respects to the annexed agreement. In witness whereof I hereunto set my hand and affix my seal this 11th day of Sept 1869. Wm. P. Britton, Notary Public
Source Crawfordsville Review 6 Nov 1869 Clore-Glenn case continued
William Hanna. I heard Thomt Watson testify at the magistrate's trial at Brown's Valley. He stated that William Glenn had said that he was not the father of the child that he had had no chance for it. Watson said that be went and looked at the child and said to Maggie that she knew he had no chance to be the father of that child, 'that he pushed the child from him and said he was as near to it now as he ever would be. When asked if he had not been active in hunting up witnesses for this prosecution he at first denied it and afterward, after second thought, and upon being asked another question he admitted it.
William G. Hanna. I attended tho preliminary examination at Brown’s Valley Heard Thornt Watson testify. He said that William denied being the father of the child, and said that he was just a near to it as he ever would be. He refused at first to state about hnnting up witnesses, but finally said he had.
Cross-examined. Am a cousin of Bill Glenn. Have no particular feeling in this ease. Am a friend of his and have no enmity toward her. Watson is a brother to my stepmother—brother-in-law to my father. William Hanna is my father. Don't recollect Watson's saying anything about Glenn pushing the child away. He said that Glenn said he was as near to it as he ever would be. I did tlnnk he prevaricated.
Tyre Hanna:. Was present at the preliminary examination. IIfard Thornt Watson testify. He said that William denied being the father of the child and told Maggie that she had the advantage of him in the law. William Hanna is my father. Am a brother ol Lindsay Hanna and a cousin of Glenn
Cross-examined. Don't think Watson said that Glenn shook hands with her. He said he spoke to her. Couldn't be positive that he said there was a silence of ten minutes, and that he made a remark to advance matters. He said that Mr. Glenn said "this is not my child, and you know that I know that it is not." Can't recollect what Mr. Watson said it was that called forth that denial.
James W. Rice. Ques. Did not Daniel Green, near Sim. Clore's house, in the public highway, some time in September, 1868, say to you and Dr. Steele that Mag Clore and Dick Garland wanted to marry, but that the old woman wouldn't let them, and that she wouldn't let Mag marry any body else because she didn't want the six thousand dollars to go out of the family?
Ans. I recollect having a conversation with Green and Steele to that effect in front of Sim Clore's house.
Henry E. Rhodes. I live In Wavcland. Am a Notary Public. I drew a will for Margaret Clore.
James Demaree. I know Margaret Clore, Dick Garland aud William Glenn. Am not related to either. Dick and Maggie were together very often. Went most every where together. They often passed my house late at night.
Mrs. Mary Garland. Am a daughter-in-law of old Mr. Garland—Calvin Garland's wife. On the second Sunday in May my husband was up to his father's and Maggie came down home with him. Presently Dick Garland came, and he and Maggie went together to Lindsay Hanna's. She asked me afterwaids if Calvin had told me that she had run off from Bill Glenn at that time. She said that she didn't want Lindsay and Dolly Hanna to find out that she had run off from Glenn. Speaking of this prosecution Dolly said,
If it was just them they might go it." Our barn was raised the Tuesday after tlie first Sunday in May. We were at Garland's one Sunday in June, when Lute Garland and Lindsay Hanna were there. Can't say that Glenn was there. Do not know that he was not there.
Cross-examined. My maiden name was mary Deer. Am some kin to Maggie Clore —none to Glenn that I know of. Do not know that Glenn was there on that Sunday in June. If I knew he was there I would say so. I saw a man there, but can't tell now whether it was Lindsay Hanna or William Glenn. I have not said it was Glenn that I saw. I know that Lindsay was there.
Calvin Garland. Dick Garland is my brother. Am a son of old Mr. and Mrs. Garland. Don't recollect any conversation of Hawkins' at my house on the third Sunday in May. My barn was raised last spring a year ago. I was at Garland's one Sunday when Luther and Lindsay Hanna were there I did not see William Glenn there that day. I have seen him there and talked to him there, but don't know what Sunday it was nor 1 won't pretend to say what year it was.
Cross-examiind. 1 don't say what Sunday it was that 1 was there. 1 did not see Glenn's horse at the gate.
William Baser. I live in Scott township, I know Margaret Clore when I see her. I know Dick Garland personally. About the last of August or first of September I saw them together in a buggy. She was sitting Iup driving, and he was down in the bottom of the buggy with his elbow on her lap, or on the seat between him and her. I could not tell which.
Cross examined. I came meeting them. I think it was about the middle of the day.
Abraham Clark. I live in Parke county, three miles west of Waveland. Know Margaret Clore and Dick Garland. On or about the third Sunday in June I saw them together in a buggy, between sundown and dark. When I first saw the buggy it was coming toward me, and I could see but one person in it, and he seemed sort of humped down. I got over tbe fence and waited till it passed me and saw two persons in it - Dick Garland and Mag. Clore. When the buggy was coming toward me then one person that I saw occupied the middle of the seat. After it passed, the girl, Mag Clore, sat on the left and Dick on the right.
Cross examined. Have known Margaret Clore ever since I can recollect. This happened on a public highway. The buggy was about fifteen panels of fence from me when I first saw it. I had to go up there to see about a bull of father's. I did not see them change their position but know very well that they did.
Job Deer. I live at Calvin Garland's, in Parke county. In July, 1868,I was at Calvin Garland's from March 1 to July 10. I know Margaret Clore and William Glenn. Am slightly related to Margaret. No relation to Glenn. Talking over this, Dora Hanna told me that "Mag had done ruined herself, and now it was every fellow for himself," and that the suit was now being prosecuted to clear their family. This was about the 27th of March—the last day I worked for Lindsay Hanna. Old man Garland said he would clear his family if it took his farm and all his money, on the Monday after the 27th of March. I was at Garland's on the Sunday when Glenn's horse got loose, and he took my horse to catch him. Can't tell what Sunday it was but I had been to the meeting—Lutheran meeting.
Cross-examined. Was at Lutheran meeting that day. Went from tbe Lutheran meeting, which was across the creek, to Garland's. I saw Glenn at Garland's one Sunday-In June. Don't know what Sunday it was. I did not tell Glenn in tbe presence ot Marcus G. Sullivan that I would have to swear that be was at Garland's tbe second Sunday in June.
Campbell Clark. Live in Parke county, Howard township.' Abraham Clark Is my son. On the third Sunday in June he was living at my house. Dick Garland and Mag Clore passed my house in a buggy toward evening, that day—between sundown and dark.
Cross examined. I live five miles from Garland's. They were going west. They could go a quarter of a mile that way and then take the road home.
William Canine. Margaret Clore ia my sister’s daughter. My wife and Glenn’s mother are cousins. I had some conversation with Garlands on the subject of the prosecution and the old man stated that it was likely they would not prosecute the suit if it was not for what Dr. Steele and others had said about their family. The old lady said about the same.
Cross examined. He seemed to intimate that Dr. Steele and others had been circulating reports to the effect that it was Dick Garland's child.
Cornelius Canine. Margaret Clore Is a' niece of mine. Am not related to Glenn. I was at Garland's about three weeks after the birth of the child with my brother WilIiam, and was trying to persuade them not to prosecute, and they said they would take my ad\ice if it was not for what Dr. Steele and others had said.
Dr. Steele. I live in Waveland. .Am a physician. Waited on Margaret Clore when she was confined. That morning, after the child was born, Margaret called me to her bedside and asked me if I would be a friend to her? I told her I would do anything I could for her. She said that Dick was the father of the child, and that she wanted me to go to Dick and tell him not to say anything about it till she had a talk with him that if any "body said anything to Dick about it, he would tell all and she didn't want him to do it. I was there again on the l3th. I asked Maggie how she was. She said she was better in body than she was in mind. I asked her what was the matter with her? She said she was going to swear the child to Bill Glenn, then said to her, "You certainly are not going to do that?" She then said that she was compelled to swear it to him that if she didn't they would kill her right there on that bed. I told her they would do nothing of the kind that they would not hurt her. I then asked her if she didn't recollect what she had told me the morning after the child was born? She said that she did, but that she wanted me to keep that to myself. I told her that if I was called on as a witness, I would be compelled to tell it. She said that if I would not she would pay me well for it. I told her that would be no inducement at all to keep me from telling it. She then said that when she told me it was Dick's she thought she was telling the truth, but since she had come to compare dates she found that she was mistaken that it was two weeks too late for Dick.
[NOTE.—The conclusion of Dr. Steele's testimony, cross-examination and the remainder of the testimony in the case will be published in our next issue – but I didn’t see it ☹ .]
Cross-Examined.—He did not state simply that she had refused to tell the family. Did not consult with the Attorney's, or hunt up witnesses in this case.
Sally Wineland.—Was at Garland's the third Sunday in June. We all ate dinner at the same table. Stayed till four o'clock. Maggie went home with me. Said she wouldn't get back. Don't know what time they went home. Was at Lutheran meeting on the second Sunday—to Mrs. Radishe's funeral on the third, and to Campbell Clark's wife's on the fourth.
Harriet Clark.—I saw Margaret Clore going along the road in a wagon in the evening, with Benny and Emma, going west, towards home after sundown, on the third Sunday in June. I know, because my cousin came out from Waveland to go to Alamo to a Masonic supper on Wednesday, the 24th of June.
Cross-Examined.—Had not thought about the date till I heard some that were sworn to.
Lavina Clark.—Am acquainted with Margaret Clore. Saw Dick and Perry going home from a funeral on the third Sunday in June. It was the Sunday before the Masonic festival on Wednesday, the 24th of June.
Simeon Clore.—Margaret Clore is my brother's daughter. Q. Did not Dr. Steele, on the day ol' the April election, this year, in Waveland, tell vou that Maggie told him, on the morning the child was born, that Dick Garland was the lather of the child, and that on his second visit, which was on the 10th, she told hiin that William Glenn was the father, and that he made the third visit to prevent the swearing of the child to William Glenn, before Esquire Fullenwider?
A. Yes. Cross-Examined.—On the day of the April election, sitting on a door step, in Waveland. Dr. Steele told me that on the morning of the birth of the child, Maggie had told him that it was Dick's. And that on his second visit she told him she was going to swear it to Glenn, and that he went to old man Garland on the 13th and told him about it and the old man told him to meet the Squire and tell him they had concluded not to use him.
Dick Garland,—Am a son of Benjamin Garland. Live with him. Glenn was at our house on the second Sunday in June. I know it was the second Sunday, because the evening before we were talking about going to Lutheran meeting, which was on the second Sunday. On the third Sunday was at Union meeting in a top buggy with my brother. Left Maggie at home. When they went home in the evening, she went home with my Aunt. Mrs. Radishe's funeral was on the third Sunday in June. No improper intercourse has ever taken place between me and Margaret Clore. No improper intimacy has ever existed between us. I always called her "Sister." She called me "brother." Benjamin Garland raised me and her as brother and sister. I believe I came to Crawfordsville on a load of wheat with Maggie, over a year ago. Recollect of no one overtaking us. We started about daylight. Father and mother were with us. That was the only time. Have no recollection of meeting Buser on the Greencastle road. Went on that road once with Maggie. Never indulged in any improper familiarities with her.
Q. Did not Dr. Steele, on his third visit to Margaret Clore, near your father's gate, state to you, in the presence and hearing of Benny Garland and Ed. Hawkins, in a conversation with you, that Bill Glenn was riding all over the country picking up evidence, and had been at his house, and that he would have to tell what he knew: and did you not then ask him. "What do you know?" and did he not reply that he would not tell you. Then did he not say that his principal reason for coming down was to tell them that she was out of her mind, and was so wild and crazy that she couldn't swear the child to any one?
A. Yes. I was at home the night the child was born. Learned what was the matter that night, after Dr. Steele got there. Have heard Maggie say whose child it was, three days after it was'born. A good many were present at the time. Two of my brothers and a sister were present. Never heard her make any other or different statement as to the paternity of the child. She never intimated to me that I was the father of the child. Heard her tell Bill Glenn it was his. When she said that, Glenn didn't say anything, and Watson put in. Glenn then said it was not worth while for him to say much —that she had the advantage in the law. He did not deny that he was the father of the child. He made no such denial. It was three days after the birth of the child I went in to see Maggie.
Cross-Examined.—It was three davs before I went in to see her. She told me whose it was the evening of the third day, She had told my father before the third day. I went in and she told me. When Glenn came in, he spoke to her and said, "This is a bad state of affairs." She said, "Yes." He said, "I understand you say this child is mine." She said, "You know it is, without my telling you it is." Then, when he was saying nothing, Watson said, "If I can advance matters, I would like to do so." I was there as long as Glenn stayed. I think he said he would spend his money, and his life. I was there listening to the conversation. The first I knew of what was the matter with Maggie was when the doctor came. At the gate, Dr. Steele refused to tell me what Maggie had said. I only asked him once. He told me she had better drop It, for Glenn was running all over the country picking up evidence that he had been to his house, and that he would have to tell what he knew. Remember being on the Greencastle road with Maggie. When Maggie came to Crawfordsville on a load of Wheat, father and mother came in a carriage. Did not start at the same time. There was no improper conduct at that time. Don't know that James Canine passed us on the road.
Margaret Clore.—I first told Uncle whose child it was, on the third morning after its birth. There were no threats used towards me by any one. Uncle got down on his knees and begged and plead with me to tell him whose child it was. I told him it was Glenn's. No one tried to persuade me. I brought this trouble on myself. I have to suffer and I want him to suffer along with me. No improper intercourse ever occurred between me and Dick Garland. Never told Dr. Steele who the father of the child was. I was in the kitchen when he came. He told the family what the matter was. They got the bed ready. And then he asked me who the father of the child was. I sent for him afterwards to come and see the child, for it was sick. He said to Uncle, "I advise you to drop this thing, and I advise Maggie to get well, and go ofl' and pass herself as a widow woman." When Uncle came in and said that the doctor had told him that I had said it was Dick's, I told him it was an infamous lie.
Cross-Examined.—Fathcr, when he plead with me, said he wanted me to put it on to the guilty one, even if it was one of his own "boys*. Not for all his farm and all he was worth would he have me charge it to the wrong person. Before the third morning not a word was said to me about Bill Glenn. On the 13th the doctor said Bill was drumming up the country for witnesses. [Here was introduced the following record and verdict.]
State of Indiana, Montgomery County, ss: In the Montgomery Circuit Court, March Term, A. D.. 1859. The State of Indiana vs. Amstrong T. Steele: Indictment for an assault with intend to commit rape.
The Grand Jurors of Montgomery County in the State of Indiana, good and lawful men, duly and legally empaneled, charged and sworn to enquire Into felonies in and for the body of said county of Montgomery, in the name, and by the authority of the State ot Indiana, on their oath present that Armstrong T. Steele, late of said county of Montgomery, and State aforesaid, in and upon one Mary Titus, then and there, in a rude, insolent and angiy manner, unlawfully did touch, strike, beat, bruise, wound and ill treat, with an intent, her the said Mary Titus, against her will, then and there, unlawfully and feloniously, to ravish, and carnally show, contrary to the form of the statute in such case made and provided, and against the pcace and diguity of the State of Indiana, ROBERT W. HARRISON, Prosecuting Att'y. Endorsed to-wit: This is a true bill. GEORGE BRATTON, Foreman. State of Indiana, Montgomery Circuit Court, September Term, 1S59, Plaintiff vs. Armstrong T. Steele, defendant: Indictment for an assault with intent to commit a rape.
Comes now Robert W. Harrison, prosecting the pleas of the State in this behalf. Also comes the defendant in proper person and by S. C. and James Willson, his attorneys and the said defendant, by his attorneys, moves the Court to quash said indictment, which motion is resisted by the counsel for the State and the Court after hearing argument of counsel and being sufficiently advised, overrules said motion to the overruling of which said motion, the defendant by his counsel excepts. And thereupon the said defendant is now here arraigned upan said indictment and lor plea thereto says he is not guilty in manner and form as chajged therein. And to try the matter of issue herein between said parties upon the said plea of "not guilty," it is ordered that a jury come. Whereupon come the jurors of a jury of good and lawful men of Montgomery county, to-wit: David A. Shannon.. Jeremiah Jewett, Caleb H. Anderson, Rowland D. Hobbs, Cornelius Smock. William Canine, Matthias Codfelter Jonathan B. Jones, Robert P. Beck, Abram Cashner, John Hendricks and James McClamrock, who being each duly elected, tried and sworn, "Well and truly to try the matter at issue herein between said parties, and a true verdict give according to law and evidence." And the said jury after hearing the evidence on the part of the said plaintiff, as well as of the said defendant, argument of counsul and instructions of the Court, retire to consider of their verdict under the charge of a sworn bailiff.
Now again, on this day, come the parties by their attorneys aforesaid. Also comes the said defendant in proper person, and thereupon come the jurors of the jury aforesaid, and by their foreman present to the Court the following verdict, to-wit: "We, the jury find the defendant guilty of an assault and battery, and that he be fined in the sum of one hundred dollars. D. A. SHANNON, Foreman."
It is therefore considered by the Court that said plaintiff recover against the said defendant, the sum of one hundred dollars, for her fine aforesaid, together with her costs and charges by her about her suit in this behalf expended, taxed at dollars and cents.
Job Deer.—Perry Garland did tell mc, two or three days after Glenn's interview with Maggie, that Glenn through the whole of it denied being the father of the child.
John Canine.—Am acquainted with the reputation of Dr. Steele in the neighbor, hood in which he lives. For truth and veracity, it is good.
Esquire Rice.—Am acquainted with Dr. Steele's reputation for truth and veracity in the neighborhood in which he lives. It is good.
Cornelius Canine.—Am acquainted with Dr. Steele's reputation for truth and veracity in the neighborhood in which he lives. It is good.
Cross-Examined.— He has lived down there fifteen or sixteen years. Am acquainted with Dr. Steele's reputation for truth and veracity in the neighborhood in which he lives. It is good.
Cross-Examined.—Live three miles north of Waveland. Have heard Jackson Canine and my father speak of it.
Tyre Ilanna.—Live in Waveland. Am acquainted with the reputation ol Dr. Steele for truth and veracity in the neighborhood in whieh he lives. It is good. Never heard any one say it was bad. Have heard William Canine, William Davis, Reese Davis and Shellady, speak of it. Heard no one say anything against his reputation for truth arid veracity. Heard several say they couldn't impeach his character for truth "and veracity. Heard some mention made of a trial he once had.
William Canine.—Am acquainted with Dr. Steele's reputation for truth and veracity in the neighborhood where he lives. It is good.
Cross-Examined.—Never heard any one say anything about it till this matter came up. Am somewhat interested in the other side of this case.
John Milligan.—Am acquainted with the reputation of Dr. Steele for truth and veracity in the neighborhood in which he lives. It is good.
Cross-Examined.—Never heard it discussed till after the preliminary trial. Joseph Milligan.—l know Dr. Steel's reputation for truth and veracity in the neighborhood in which he lives. It Is good.
Cross-Examined.—Can't tell who I have heard speak of it. Have lived in Crawfordsville since June.
Washington M. Rice.—Am acquainted with Dr. Steele's reputation for truth and veracity in the neighborhood in which he lives. It is good.
Cross-Examined.—Never heard it called in question. David Galey.—Am acquainted with Dr. Steele's reputation for truth and veracity in the neighborhood in which he lives. It is good from what the people generally say.
Thomas Hanna.—Lives south of Waveland. Know Dr. Steele's reputation for truth and veracity in the neighborhood in which he lives. It is good as that of citizens generally about there.
Cross-Examined.—Never heard any one say anything bad about him. William Hanna.—Am acquainted with Dr. Steele's reputation for truth and veracity in the neighborhood in which he lives. It is good.
Cross-Examined'—He was selected on a railroad committee as one having influence in the community.
Jackson Canine.—Know Dr. Steele's reputation for truth and veracity in the neighborhood in which he resides. It is good. Have heard James Todd say it was good. Last spring, Todd and I were speaking of the trial and whether his character would be doubted. Vancleave said his character was good.
James Davis.—Live on the north side ot Brown township. Am acquainted with Dr. Steele's reputation for truth and 'veracity in the neighborhood where he lives. It is good.
Reese Davis.—Live in Waveland. Know Dr. Steele's reputation for truth and veracity in the neighborhood in which he lives. It is good.
Cross-Examined.—Never heard it called in question. .. Mr. Hicks.—Know Dr. Steele's reputation for truth and vcracity in the neighborhood where he lives. It is good.
Cross-Examined'—I heard James Canine say he would not be afraid for him to give evidence against him. We were speaking of some old scrape that Voorhees brought. Never heard of any other scrape. Heard John Hanna say it was good. He lives five miles away.
Deer – lives a mile east of Waveland. Am acquainted with Dr. Steele's reputation for truth and veracity in the neighborhood where he lives. Is is good.
Cross-Examined.—Know it is because I have never heard anything alleged against him.
Jesse T. Durham.—Know Dr. Steele's reputation for truth and veracity in the neighborhood where he lives. It is good.
Cross-Examined. Have heard one or both the Kelsos say so, also Dr. Ball, Mr. Belton and Syd. Davis of Waveland.
The Glenn-Clore Seduction Case.
William Glenn.—I was twenty-six years old the 1st day of January last. Have been acquainted with Margaret Clore ever since we were small children going to school. Have been acquainted with her ever since. The first particular attention I paid her was about the year 1865. In that year I went, to see her sometimes once or twice a month, and sometimes not for two months, up to the fall of 1866.
I went to Missouri in December 1865 Started home in 1866. Just after I came home I proposed to marry her, and she answered that she would prefer to say nothing of that. In the year 1866, at Russellville, I paid attention to her again. Going home, I stopped at a school-house, taking shelter from a rain. Maggie and Dick and Miss Wilhite were there. Maggie asked me to go home with her. Dick and Miss Wilhite went ahead and I went, home with Maggie. In the fall of 1866 I went to see her again. Lindsay Hanna and his wife were there and wanted her to go home with them. The next morning I proposed again and was refused. This was in September 1866. Since then nothing more than friendship has existed between us. Don't remember of taking her anywhere since that fall. I saw her after that, sometimes once or twice a month, and sometimes once in three or four months. In the spring of 1866, I went there the 2nd Sunday in May. She was not at home. Was there again on the 4th Sunday in May. She was there. Twas at Garland's again the 2nd Sunday in July and again in October. Was there again in December, when their folks from Kentucky were there. It was on a first Sunday, I know by the meeting at Freedom. On the 4th Sunday in May I couldn't go there from Union Church, but had to go home and attend to my horses, and then I went to Garland's and stayed all night. The next day Dick went down to Canine's with some mares. That was the time my horse got loose and I borrowed Job Deer's horse to catch him. I was at home on the 5th Sunday in May, alone with a little boy. Mother came home in the evening, Father and Jim were away.
The 2nd Sunday in June, I was at home all day. Went up to Wible's in the evening, and got young Wible to help me put up hay. Got to Wible's between sundown and dark. Willliam Wible came about half an hour afterwards. I met James Canine and, I think, his wife, southwest from the church. Also met James Spencer. I got back home about eleven o'clock.
On the 1st of June my aunt was buried, the day of regular meeting. The 2nd Sunday there was no regular meeting and I stayed at home. On the 4th Sunday I went to regular meeting. At that time I had hay down and it rained on it. On the 4th Sunday I went to Whittington School house. I never thought of such a thing as having intercourse with Margaret Clore. I have kissed her. I went to Missouri the 16th day of December, 1868 and got home the 2nd day of March.
I wrote her one letter during my absence, the letter that is in on evidence. When I heard of her ill health at Lindsay Hannas, 1 was there on business. 1 first heard that Mag was going to charge me with the paternity of this child on the 12th. I went down there at the solicitation of Thornton Watson and Garland, who came to see me on the I2th. I went down next morning, went first to Watson's house and he went with me. I was in the west room about an hour. When Watson and I got there, Dick, Perry, and Benny Garland, Hawkins, Dora Hanna and Jesse Talbott were there. Did not see Mrs Garland. Went first into the west room. When I went into Maggie's room I went up to the bedside and took her by the hand and remarked that this was a pretty bad affair, and then Watson gave us a lecture, telling us both to remember that there is a God and &c. I then told Maggie that I supposed she had heard what I had said about the matter. She said "yes." I then said, "Maggie, you know that is not my child." She said, "I have said it was." I said you know it is not and you know that. I know it. Just at the winding up Watson asked her if she would swear before God and man that that was my child.. She said "yes." I told her that she had my character, and I had nothing left, but a little property and my life, and if necessary, they should both go in my defense.
The next morning Dr. Steele came down and gave me old Garland's message. I went rup, saw old man Garland at Watson's. I told him I wanted a private conversation with the girl. When I went in, 'Mr. Garland was making a fire in the west room. I asked him if he had asked Maggie. I sat there some hours. Did not get any conversation. Had no interview.
In about an hour Miss Dora Hanna came and ordered me away. I was prevented from having any conversation, whatever, with the girl. I stayed about a quarter of an hour after that, and then went away without having any interview. Have had no conversaion with her since. Never saw any other man out with her but Dick. Went there on the second Sunday in May but did not get to see her at all. On the second Saturday in "May was hot at home but at Freedom church. The conversation between me and Lindsey Hanna commenced at the house and continued till we had walked to the barn. All that he or I said about this matter was between the house and the barn. As we went out of the door he asked me how I was getting along at Garland's. I said I had not been there lately. He said there was a certain man down there who would get histed—James Demaree. I said Demaree was a nice man. He said he thought I had a better chance down there than anybody else. I told him about her having-TefUsied me. He said she and the family thought viell of me and tried to persuade me to go back. I said I had gone as far as I was going.
Cross Examined.—Was 26 years old last January Went to Garland's on 13th in company with Watson. Left about noon. Steele came to our house late in the evening. Went down again Sunday at Garland's reque»t. The first thing I did when I went in the room on the other visit was to shake hands with Maggie. Dick and Perry Garland and Watson were in the room. 1 think I spoke first and said "Maggie, this is a pretty bad affair," then Wateon stopped me. I said, "I understand you say this child is mine -- She said, "I have said it was youra." Don't thinkshe said You know it is yours" There was a pause in the conversation. Watson said some¬thing all through the conversation. Won’t say that he did or did not offer to advance the conversation. I said this—I don't think it is worth while to say but little. You have the advantage of the law. I testified at the preliminary examination—did say that I couldn't tell where I was on the 5th Sunday in May. I was going to see Maggie with serious intentions once. Broke off about the fall of 1866. Went after that with no serious intentions. Dr. Steele and I have talked about this nearly every time we met. We are not particularly intimate. Have not talked to Dr. Steele five or six times a day. Have met him that many times a day, but did not talk about this every time. Went to his house twice. Our conversations were principally about the reports going about the country, especially since the Brown's Valley trial. Have had no particular conversation with him about this suit since that trial.
Rebutting. Jacob II. Myers. Am a member of Lutheran Church. Communion meeting was held on the second Sunday, the 14th day of June.
Cross Examined.—That was not the only meeting. There are other regular meetings once a month. There are two preachers— Fairchild and Budesall.
Perry Garland.—Live in Brown township. "Am son of Benjamin Garland— brother of Dick. Live with my father. On the second Sunday in June 1868, 1 was at home. We had laid off to go to Lutheran meeting, and my brothers all came and we did go. There was a big meeting that day— the second Sunday in June. I was present at the conversation between Bill and Mag after the birth of the child. Watson, Dick, myself, Glenn and Maggie were in the room. Glenn came in and asked Maggie how she was, and said, "I understand you lay this child to me." She said, "Yes I do." Then there was a silence of ten minutes. Watson offered to forward matters. Glenn said it was of but little use for him to say much —she had the advantage of him in the law.
Cross Examined.—Was at home the second Sunday in June. Job Deer, William Glenn aud brothers and sisters were all there. Stayed till along in the evening. Did not all leave at once. Know it was the second Sunday by Lutheran meeting. At the conversation between Bill and Maggie, Bill came into the room, and said, "This is a bad state of affairs"—took a chair and sat down by the bedside. I went in to hear what was said. When he first went in. he said good morning. He then said this is a bad state of affairs. Then Watson lectured about God. Then Glenn spoke—"I understand you say this is my child." She said, "Yes, I do." Then^there was a pause. She did not say, "I have said it was yours."
Ques. Did you not, two or three days after that tell Job Deer that Bill denied it all the time?
Ans. Not that I remember. Ques. At the conversation between Glenn and Maggie, did not she say, "You don't expect to come up to it then," and did not he say, '-I am as near to it as I expect to be?"
Ans. Those words did not pass as I heard of. Watson said if he could do anything to advance matters he would do it with pleasure. Glenn said, you have my character, and I have nothing left but a little property aud my life, and I will spend both. Have not said much to nobody about this matter. Have talked over it some. Have not had evidence copied out. That Sunday I saw a lot going to meeting and know that Job Deer was there. Don't know about Dick and the mares and Glenn going away together. Dick took Glenn to bed that night. I didn't see him next morning. I ate breakfast with the family. Mother was there. Saw nothing of Glenn. He couldn't eat breakfast there and I not know it.
Lindsay Hanna.—On the second Sunday in June was at father-in-law's, Benjamin Garland's. The married members of the family met there that day—happened there. This had never happened so before. It was on the Sunday after Aunt Sally Hanna's funeral, which was on the first Sunday. Saw Wm. Glenn and Job Deer there. Have no recollection about Glenn's horse getting loose.
Ques. Did not Dr. Steele at or near Mr. Garland's barn, on the morning the child was born, tell you that she, Maggie, had refused to tell you at all who the father of the child was?
Ans. He did. Ques. Did not Dr. Steele on the morning the child was born., at or near Mr. Garland's barn, as he was starting away from Mr. Garland's house, ask you, "Is Job Deer in the country?" and did you not answer, "Yes, he is working at my house," and did he not then say, "Job Deer is the father of that child?"
Ans. He did. Don't know that I have made any declaration of my intention to prosecute this suit to clear the family. Was present about an hour after the child was born. Got there about 2 o'clock. Dr. Steele left first. I was in the other apartment of the house. Don't know what opportunity Dr. had for being alone with Maggie for two hours.
Cross-Examined.—My reason for knowing that it was the second Sunday June is that the following Sunday after the funeral I went to Father-in-law's. That is partly the reason I gave at the former trial. I recollect a remark I said I had been a little too plain in the plaguing of Mag. and Bill. I said, The whole family was here, even the intended. I was sent for the night of the 9th. Glenn was not sent for that I knew of. They did not think she would live.
Q. Did you, or did you not at your father's house, state to your father that the: way you fixed the date was by staying at Garland's?
A. Never said any such thing to my father, and my father will never face me in it. If he does he is not the father I think he is.
Dora Hanna.—On the second Sunday in June I was at my father's—Benj. Garland's. Know it by the Waveland Exhibition on the 12th . Glenn was at the exhibition. I was at father's the following Sunday, and Glenn was there. All the children met there uninvited.
Ques. Did not Dr. Steele tell Mrs. Garland in the presence of yourself and Benny Garland, at Garland's house, on the evening of his second visit after the birth of the child (the 10th of March), that he had tried to get Margaret to tell who the father of the child was, and that she would net tell him, but that the family was clear?
Yes. Was present the morning the child was born got there between three and four o'clock-not a great while, I guess after the child was born. Steele left before I did. He had no opportunity of being alone with Maggie. They were passing in and out of the room all the time.
Cross-Examined.—Don't know that he had any opportunity at alL Can safely say that there was no opportunity for Dr. Steele to be alone with her.
Have been in the habit of attending the Waveland exhibitions. Have no recollection of seeing Glenn at any except that one. Was there on Friday night before the 2nd of June. That waff the only night I was there. Dr. Steele told mother, She tells me the family is clear.
Mrs. Garland.—On the second Sunday in June I was at home all day. My children all came to visit me on that day. 1 know that the next Sunday was the third Sunday. Glenn was there on the second Sunday. Didn't see him come. Saw him between sundown and dark. I was lonesome after the children went away and walked down to the barn, and when I came back he was sitting near the door.
Ques. Did not Dr. Steele tell you, in the presence of Dora Hanna and Benny Garland, at your house on the evening of his second visit to your house (the 10th of March), that he had tried to get Margaret to tell him who the father of the child was, and that she would not tell him, but that the family was clear?
Ans. He did. The morning the child was born 1 was present up till about eight o'clock. I then took a chill. The child was born about half past four o'clock. Was up all the time till the doctor left. Was in the room when the child was born and got the things to dress it with, but fell and retired to another room. Mrs. Cal. Garland dressed the child, Cal. was there. After I fell I retired, and went in again about twenty minutes before the doctor left. Don't think I was out more than half an hour. Doctor remained there until we could just discern daylight. It could not possibly have been more than an hour and a half after the birth of the child. The child was washed and dressed in the same room.
Cross-Examined.—The child was born before Lindsay and Dora Hanna came. Sent for them about midnight. Sent to Waveland in the evening for Dr. Steele, four or five miles. John Canine was there at the time the child was born. In hunting up something to put on the child I fell. Think Lindsay and his wife were there at that time. After I fell I was not in the room till about twenty minutes before the doctor left. William Glenn was not sent for that night.
Benjamin Garland.—Was at home the second Sunday in June. All my children and grandchildren were there that day. Know it was the second Sunday in June, because my children were there, and by a meetiug at the Lutheran church. Glenn came in the evening, when the sun was an hour or two high. "Was not in the same house when the child was born. Went out and stayed in the other house till after the doctor was gone. Was present when the doctor made his third and last visit there. Was in the room when the doctor came. He came in and dosed out some medicine. He was telling her that she had better go away off and pass herself off as a widow. Went into the other room to get a shovel. Was not gone more than a minute. He took me out of the room and shut the door, aud said she was wild and crazy and not in her right mind, and that she said it was Dick's child. We had sent for the squire. I went in and told her that, she need not swear the child now. Told Steele to tell the squire not to come. Doctor and I parted on the porch, lie wanted me to advise Maggie to drop this thing. Went back into the room and told her what Steele had told me. Could hardly hold her in her bed. She said it was not so. Told me not to believe it. Dr. Steele never came back. She said it was Bill Glenn's child. Went on my knees to her and besought her to tell me whose child it was. She said it was Bill Glenn's. She always said it was Bill Glenn's after she first said so.
Cross-Examined.—About the day before was when I went on my knees. I was the first one she told. Dorothy Hanna was in the room. Don't know whether she heard it. Dora and Lindsay Hanna were sent for the night of the birth, and got there a little after or before twelve o'clock. Doctor got there a little before day. Didn't say I could not fix dates when on the stand the other day. Said my memory was not as good as it used to be. Told it just this way at Brown's Valley.
Ed. Hawkins—On the second Sunday in June I was at home. All the brothers were there. I fix date by the Lutheran meeting on the second Sunday in June. Glenn came in the evening between four and five o'clock. Job Deer was there.
Ques. Did not Dr. Steele, on his third visit to Margaret Clore, near Mr. Garland's gate, state to Dick Garland, in the presence and hearing of Benny Garland and yourself, in a conversation with Dick, that Bill Glenn was running all over the country picking up evidence, and had been at his house, and that he would have to tell what he knew? And did not Dick ask him: "What do you know?" And did he not reply that he would not tell him? And did he not then say that his principal reason for coming down was to tell them that she was so wild and crazy that she could not swear the child to any one
Ans. Yes. Cross-Examined.—Doctor said to Dick, "Let me give you a little advice Dick said, "Let's hear it."
I heard all the conversation. He did not say, "The less you ask me the less you will know and the better you will feel." I have talked about my testimony to Benny, Dick and Perry, that is all.
Thornton Watson.—On the second Sunday of June I saw William Glenn riding up the road to get his horse. He headed him near my gate. The horse had a saddle and bridle on it.
Ques. Did not Dr. Steele, in a conversation with you, on his way to visit Mag. the third time, near your gate, tell you that Mag was perfectly wild and crazy, and out of her right mind, and was not capable of swearing the child to any one?
Ans. Yes, sir, he did. Ques. In the same conversation with you did he not say that it was on his second visit to Margaret (which was on the 10th of March) that she had said that she intended to clear the family—that she had been making a neater calculation of it, and that it fell to Glenn by two weeks?
Ans. Yes. sir, he did. Ques. Did not Dr. Steele, on his way home from his third visit, in another conversation with you at your gate, tell you that he had rode his horse fast to keep her from swearing the child, for that if she did swear the child to Bill Glenn that he,-Bill, was riding all over the country raking up evidence to prove that he had not been there at Garland's within two months of the time, and that he had already employed Butler and Willson as his counsel?
Ans. Yes, sir, he did. All these conversations were on the 13th of March. I fix it because the child was born on the 9th. His next visit was on the 10th. Have no means of knowing that Bill Glenn knew What Was the matter.
Susan Watson.—I saw Mr. Glenn coming from Garland's on horseback and turn another horse in this road. Did not notice what the loose horse had on it. Don't know,.. Saw all the Garland family going. Up there. that day. On third Sunday of June saw Mag. going past, .south in a wagon. Dick went on the same evening, for a buggy. 'There was a funeral that day at Old Union.
The Gariand family attended. Cross-Examined^'—Mrs. Garland, Mrs. Wineland, Dick and Benny went. It was in the morning about __ o’clock. It was Mrs. Redish’s funeral. Mrs. Wineland and Benny Garland went in the wagon. I thought they were going to night meeting. The only reason I have for knowing it was the second Sunday of June that I saw Glenn catching his horse is that the Garland family were assembled at Ben. Garland.—Am cousin of Margaret Clore. Live with Father. Glenn was at father's on second Sunday in June. Know that was the date, in the first place because the family met that day. Was going to Lutheran meeting, aud brothers came and I did not go.
Ques. Did not Dr. Steele tell Mrs. Garland, in the presence of Dora Hanna and yourself, at Garland's house on the evening of his second visit after the birth of the child (the 10th of March), that he had tried to get Mag to tell him who was the father of the child, and that she would not tell him, but that the family was clear?
Ans. Yes. Ques. Did not Dr. Steele on his third visit to Margaret Clore, near Mr. Garland's front gate state to Dick Garland, in the presence of yourself and Ed. Hawkins, in a conversation with Dick, that Bill Glenn was running all over the country picking up evidence, and had been at his house aud that he would have to tell what he knew. And did not Dick then ask him, "what do you know?" and did he not then reply that he would not tell him. And did he not then say that his principal reason for coming down was to tell them that she was out of her mind and was so wild and crazy that she could not swear the child to anyone?
Ans. Yes. Cross Examined.—I went after the Dr. at request of Maggie, to see her child. Told him that request. Told him to get there about the time the 'Squire would get there. I went on to the Esquire's, and Dr. was at father's when I got back. When I got back, just as I got to the gate I met Dr. and Dick. The first word Dr. said was. let me give you some advice. When Dick asked him what he knew, he said, "I ain't going to tell you, and you needn't ask me any questions. My principal reason for coming down was to tell you that Maggie was perfectly wild and crazy and couldn't swear that child to any one." At Brown's Valley, I gave as a reason for fixing the date of second Sunday in June was the family gathering, and cherries getting ripe, and father aud Mag. going to town after a buggy next day—the 15th. Don't remember seeing Bill the next morning at all.
Joseph W. Green.—Live a mile from Garland's. Saw Glenn going towards Garland's at 8 or 4 o'clock on second Sunday in June. The Lutherans had meeting that day.
Cross Examined.—At Brown's Valley, I gave same reasons for remembering the date that I did to-day. I said the old cow had a call, and that 1 had to go over into Parke county to get the calf. 1 found out she had a calf the same morning. Was at home, on portico when I saw Glenn pass. One hundred and eighty yards from him. Sitting on our portico, I can see a man riding past in the road. He was dressed in black, riding a bay horse. Saw the side of him. Have not talked to anybody about my testimony. Lucieu ___ consulted me about seeing Glenn that day.
Ilarvey Green.—Ques. Did not Dr. Steele in Waveland, in Dr. Ball's office on the Thursday or Friday after the birth of the child, tell you, that she, Maggie, had not yet told who the father of the child was, but that the Garland family was clear?
Ans. Yes.