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ALLEGED BASTARDYArthur B. flerwln, of Durham, In an Uncomfortable Position.The bastardy case as brought by Min nie E. Carey, whereby Deputy Sheriff Arthur E. Merwin, of Durham, is the defendant, occupied the attention of Judge A. B. Calef in his office yesterday until five oclock. Before going further it is proper to s^ite that Merwin denies the charges brought against him and pronounces them to be without foundation. He is defended by Attorneys Robinson, of this city. and Newton, of Durham. The girl’s testimony in brief is to the effect that the accused was criminally intimate with her in March April ahd May, 1888 and that she never had such intercourse with any other man. On the fourth of July she left Merwin’s father’s homte in Durham, intending to return in two weeks; but instead, while visiting in New Britain, she obtained employment where she thought the work would be easier, but on account of her health was compelled to leave and returned to her uncle's home in Kensington. After remaining there a short time she went on a visit to the Senior Merwin’s in Durham, but on that visit there was no improper relations between her and Merwin. In the early part of September she sought employment at Dr. Dibble's residence in this city, and while there complained of feeling, unwell. Shortly after there her condition was as certained. She aceused Merwin of the wrong, and his attorneys Mr. Newton of Durham, and 8. L. Warner of this city, bad (^hsultations with her in Dr. Dibble’s office. To them she told her story, and as she was an orphan thought she should be protected by Merwin. She stated the Elder Merwin told her not to be discouraged as many girls had got into the same trouble, and afteiward made good and useful women. The cross examination occupied the greater part of the afternoon, and during the time the counsel for the defense sought to obtain from Miss Carey an admission that she was intimate with one Frank Newton of Durham. She denied the charges in strong terms.The cross-examination of Minnie Carey wa9 continued this morning. The attor-neyi for the defense tried to show that the^girl had been intimate with one Frank Newton, a farm hand in Durham, and who worked on Merwin’s farm at the time the girl resided there, but the testimony revealed nothing; the defense also tried to show that the girl was intimate with one Ernest Atinston, of Orange, who worked on a farm where she lived in that place, for a family named Clark. Minnie had a ring with the inscription: “Ernest to Mamie”, but the evidence revealed nothing. She desired to correct some statements she had made yesterday, which was to the effect that she told Mr. Newton about her trouble at Dr. Dibble’s when he called and not Merwin’s father; she talked to Mr. Merwin also and said she was in trouble by his son; he told her she was not a bad girl and said if the family had not another girl when she was there on a visit, that she would have been taken back. She told Mr. Newton she thought the child would be born in February or March. The girl stated in relation to going to New York that she was only twelve years of age, and owing to the ill treatment by her uncle, went to Castle Garden with the intention of going back to her mother in the old country. Friends interceded, and *he got employment in a button factory; she could not tell where nor on what street she boarded for a certainty. Her unete came for her to New York,and was intoxicated, so much so that he did not save money enough to take her home, and a collection wgs taken in the depot and she was sent to Berlin. The cross examination and the re-direct examination revealed nothing. Mr. Fabrique of the In dustrial school stated where the girl was employed and how long she had been in the school. He had known her for three-years.Mrs.Fairbanks,of the Industrial school, in her testimony said that Minnie Carey became 21 years of age, according to the register of the school, while she was at Merwin’s and, therefore, she was not vis ited at that place. She went to Merwin’s in September, 1887.. So far there is no proof that the girl has ever conducted herself improperly with any one except Merwin.Some parts of the testimony this morning were unfit for publication. An adjournment was taken at one o’elock until 10.30 to morrow morning, when witnesses for the defense will be exam ined.
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The Penny Press

Middletown, Connecticut, US

Wed, Jan 23, 1889

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