Walton (D) and a female defendant was indicted for fornication and adultery. The woman, a Mrs. Harris, lives about a mile from the mill where D was a night watchman. D visited her almost daily during the day and night and was even seen cutting wood. D was even there when the police visited to have Mrs. Harris fill in a certificate of birth for her child. When asked, who was the father of her child, Mrs. Harris replied that D was and D left the room without saying anything. D excepted to the admission of Mrs. Harris's statement about the father of her child, and that was denied. D was convicted and sentenced to six months in jail. D appealed.

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