Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1837-06-29

CoxAoH PL.As, jane H.-Befsrs Judge Ulshoef
Con. ~ S'
This was an action to recover COMPENSATION for
criminal conversation with the plaintiff wife The
damages were laid at $4,000. ~
Mr.. 3orrell stated the case to the Jury. The plain
I'm ana ms wlie Man. resided at Ne. "a Catherine
street, where the defendant also bearded II was
here that the seduction of the plaintiff wife was ef
fected by the defendant. The wife subsequently, ali
seconded and went TO her mothers in the upper nar,
OF the city, where the defendant Binni also removed
The parties traced thther by the husband Mich
an alteration ensued which ended in scene ar the
police office To sustain this action, Mr. Morrep
produced the following testimony In the first place
an affidavit sworn to by Francis Brassanac was snb
United to the jury. 1t stated that night when the
plaint was gone to Albany, (Brassanac and the de-
fendant Bnni sleeping together,( that Blnni left his
bed and proceeded to Mrs. Michis bedroom, where
ne remained considerable time. When he came
pack ne pulled the witness nose 10 if he was
asleep Witness pretended to be So but in the morn
ing demonstrated with Blnn on his conduct who
thereupon offered the witness ro fine shirts as hush
money put the witness, having soul above bribery,
rejected the offer with Indignation On another occa-
SION, when the plaintiff gone to the theatre the
witness saw bnnl knocking at the door of Mrs. Mi
chls bedroom, INTO VIII cs he went, and remained
there above an hour. The witness after some deli
beranon, informed the plaintiff of these matters
Mf John e. Covel was examined and proved the
marriage OF the plaintiff and his wife Maria
Miss Jane Arabella Lamb examned-I lived in
Mrs. Mich's mothers house; l hired room there
MIR. Bnni the defendant IN this suit and Mrs Mich
also lived there's occupied the front garrett bed room
and Mr.. Blnn the back one; Mrs. Mich slept with
me; One night she got up and went into Mr. Binnis
room; questioned her about il; she said Mr. Binni
was sick, and that she had slept on mattrass placed
on the floor, Mr. Blnni lying in his bed; this took
place many times: Mr.. Binni was very often sick:
Mr.. Binni used to teach Mrs Mich necdlework tailor
ing; was curious to discover if Mrs. Mich slept on
the floor as she said she did to ascertain this got
up one morning very early before six o'clock and
looked through chnk in the partition, and there
Counsel-Was that all You saw?
Witness-Yes, sir, that was ALL
Counsel.-Were they awake or asleep
Witness i cannets say.
Cross examined-I am seventeen or thereabouts:
thought 1t very strange Mrs. Mich should wish to
take such care of Mr.. Binn never mentioned her
| conduct to any one; did not at first think much
about 1t; there are young ladies who visit at Mrs
Mlchrs mothers; never saw any improper Liberties
taken with them.
There were no witnesses called for the defence.
Mr.. Morrell submitted his clients case TO the Jury
IN very happy and eloquent manner.
Judge Ushoeffer summed up the case very briefly
he said there is no doubt of the criminal conversation
having taken place. charged, with the plaintiffs
wife, 1t was for the jury determine the amount Of
damages.
The jury retired, and in fire minutes came into
court with verdict for the plaintiff for the damages
claimed-S5000.
u Wish you may get it! y