Page:The Green Bag (1889–1914), Volume 08.pdf/124

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Legal Reminiscences.

103

yond seas, leaving said Molly without home of Doctor Phelps, had married, and now or shelter to wander a blind beggar in the bore the name of Torrey. She brought an earth, when if she would sign said Klisha action against Mr. Field for the publication would convey to her the garden-spot, house of a libel upon her character, claiming ten and furniture at Chatham, where she might thousand dollars damages. Mr. Field an dwell in peace and solitude; that if said swered her declaration by ten special pleas, Molly did sign such petition she did it in which asserted that the statements of the anguish and distress of mind, influenced by bill were true, that after reasonable inquiry the artful persuasions, menaces, and threats, he believed them to be true, the pendency and under the duress of her husband, and of the action in Chancery and the Chancel that she never gave any consent to the lor's order of publication. Six of these were prosecution of said petition, nor to said held back on demurrer. To the four that pretended divorce, and if any such was were held good the plaintiff replied dc injuria obtained it was by menaces, covin, collusion, (for an explanation whereof see Moss v. fraud, deception and circumvention, and Hindes in these reminiscences). These ought to be holden in law and equity null pleadings admitted the publication and gave and void, utterly frustrate and of none the defendant the closing argument to the effect. jury. The bill charges many other acts of wick The trial at Woodstock occupied from the edness on the part of said Susanna; that she 17th to the 24th of May, 1834. Although has got possession of the ancient family Bi assisted by eminent counsel, the report ble, and many other valuable books, papers, shows that Field thoroughly refuted the old and documents, and refuses the complainants saw about a lawyer trying his own case. At access to them; that she has employed aged all events he made the trial a hot one for attorneys and others to go about prejudicing Sukey Eastman Torrey. Nearly a half the public against the plaintiffs and exciting century had passed, and he failed in his proof pity and compassion for herself. of the contract with Hopy Tolbot of PocaThe bill prays that the assignment of tapaug Flats. As to this the jury must have dower be set aside; the said Susanna be thought with Maud Muller that decreed to hold the estate as trustee for the "Of all sad words of tongue or pen, The saddest are these, 'It might have been!'" residuary devisees, and to account for rents and profits; that the said Mary Alniira be let He satisfied the moral convictions of the into the possession of one-sixth part of the jury, although after forty-five years he could estate; and for such other relief as she not prove the contract by legal evidence. was entitled to in equity. The proof seemed to justify the other aver One of the devisees, who declined to join ments of the bill. The principal of these was as a plaintiff, was made a defendant, and re the fraudulent divorce. Around this the oth sided without the State of Vermont. The ers clustered. The amiable character and bill was presented to the Chancellor with the patient suffering of the blind, deserted wife, draft of an order of notice to that party by the bribes and brutal threats by which, at publication. In conformity with the practice the instigation of the plaintiff, the Doctor the Chancellor signed the order without compelled his suffering wife to sign the pe reading the bill. The entire bill, from its tition prepared by his own lawyer, charging title to the certificate of verification was him with criminality with the woman he thereupon printed and published in the local wished to put in his true wife's place, the ex newspaper. hibition to witnesses of acts to justify a di The former Miss Eastman, after the death vorce, the prosecution of the petition to the