The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-02-11
Court u Common Pleas.
Before Judge Isglis.
BRRAcH or PROMISE OF MARRIAGE.
When lovely Woman stoops to folly,
Finds too late that men bs>ray-

L
When lovely Woman stoops to folly,
Finds too late that men be&say-
/ ~ What charm can soo.he her mslsneholy. f..
What art can wash hei guilt away.-Od So"s
FEB 10 Doris Hosft VS. Ere leriek Siefker.-
This was an action for Breach Of Promise G
Marriage, the damages laid at S2,5OO. Mr., Pete
Wilson, in his opening, stated that the parties ar
young, being about y or % years Of age The dc
and varick streets, and The plaintiff, who, until tn
calamity she experienced, was the picture OF healt
and happiness, Keeps house for her brother, VIII
also has grocery store and resides In Roosevelt
| street. She first saw SEEKER in January yea
ago, was introduced to him, an attachment grew
up, at least on her part, and she had every reaso
TO suppose it reciprocal, as the defendant was mos
assiduous in his attentions to her.. However, h
plucked the rose and left the branch to perish. Ii
April or May, he promised to marry her, but sool
found means to deeert her altogether. In June, thu
present action was brought. He trusted he woult
show such case, as to induce the Jury to visit thu
defendant with severe punishment. Money canno
make up for the blight Of spirit, restore wounded
| reputation, but it is the only way by which thu
guilty, in case like this, can in any way b,
| reached.
Hasft for some time; has known the defendant
| about year; heard him say in May, 1871, that he
wanted to marry that girl
Qussrox-Did he say when he would marry
WrHrss Il asked him when he was going to marry
that girl he saidn May; thiswas before Maybe told
me several times he was going to marry her;
thought the first time he was only in fun, and that,
why asked him az ain; he said as soon as he got
his rooms fixed, he meant to marry her; told him
that the girl was sick every day waiting SO long
he had spoiled the girl; he said no knowsd tina
very well, IL was no matter.
JUDGE-What do you mean by sick lin heart, OF
mind, or howl
wrarss-( Moving his head and 'ystem and ma.
king certain signs.)
JUDoE- Oh, know-you mean to say, she was
n ~ In he q nant hap
WirSEss-Yes, that's it; and he said he knew
1t very well, and was going to marry her.
CoUsr-When was it you discovered she was
sick!
WITNESS 1t was il April; she gave birth to her
babe in December last.
By CoUSsEL-What's your business3
WIrNEss-I have been working in fur factory at
Wallabout, and live there; have known the girl
three years; we are all Germans the girl is twenty
two or twenty three years old she Is there, (Point
ing to rosy checked lass in the witnesses seats
First saw the defendant in her brothers. grocery
store in Roosevelt street, nd met her there several
times; am married man.
CoURr-What ried you to the store!
WTSEss-I went thereto get my groceries, and
was acquainted with his brother; the brother is
dead.
CouRr-And so you went to see man after he
Mas dead, did You?
WIrxEss-I ent whereI pleased; did not put all
down ON piece of paper; the defendant kept
store.
BY CouNsEL-What made you ask him if he
was going to marry her-do youask such questions
of every man you meet!
ANSWER saw him walking with her very often.
CoUNsEL-Did you see any one else walking with
wIrsEss-No.
CouNsEL-Did she live out
WIrsEss-Ycs. When her brother was keeping
store? believe her brother did not keep store
at that time; she has been living near year with
her brother in Roosevelt street; her brother was
not married, she was his housekeeper; saw her
first at her brothers in December year ago;
the defendant brought her there previous to her
keeping his house, which was in March last.
sCouSsEL-Why did you ask him il he was going
to marry her?
WIrSKss-I wanted to know. so as to see il it was
true what she had told me /; the first conversation
was in April, when l told him he had better not
stop SO long; he said he meant te mar her in May
BY Mr.. WILsoN-What did the girl say to you !
MuLocx-I did not ask that, sir.
WILsoN-But did-wbat cid she say to you?
MULocx-But did not, and you shall not have
An appeal was made to the Court, and New
jersey decision read by Mr.. Wilson.
have strange laws there relative to such cases
BY WILseN-Her father lives in Bremen, where
she came from; came from Hamburger; have
known her and her brother three years; when the
defendant came with her to her brothers, he used
to say they had been walking; they sometimes
went in the back room together.
By MULocK-It was in April; thought he was in
Iun, Wnen heis2lQ ne meant 10 marry nerS i nAQ
supposed he intended to deceive her.
CovSsEL-How targets her brothers store?
WirNEss-I never measured it; another time /
come az witness, will put it down.
MuLocK-Thats all, sir-you may go.
DANIEL BoORMAN sworn-knows the parties;
have seen them together; saw the defen dant in Mr.
Huf's store, where was clerk; one ofithe plain
tif's brothers died in March at the Wallabout she
had lived with hin; she then came to live with
her brother in Roosevelt street; was clerk there;
the defendant 70 the store very often, and used to
go into the back room, where she usually sat; he
did moi come to see me; he always came on Sun
day and walked or rode out with her; when he went
into the back room he sometimes staid there an
hour and sometimes hour and q hall; he kept
store on the corner Of Varck and Watt streets. and
Sometimes came to Roosevelt street, in his grocer's
wagon; some ladies came to visit the plaintiff but
never any gentlemen; l saw the defendant in the
store the day he was taken up; he came there with
two officers.
ByiMULocx-Who did he see?
WirSEss-He saw all that was in the store ;iHoeft
and him went into the little back roem;! when he
came out asked him what he was going to do,
and he said he had told the girl what he meant to
do.
April, when she seemed sick after that he slack
ened of, and soon stopped coming.
BY MULccK-Didy you see him there in May!
WIrNEss-lthink did, but will not swear
CHARLES LUcEAN sworn Knows Miss Hoeft
an her brother; Twas brought up with them near
Bremen; their father has some Sleeps there; they
used to come to my house oftentimes on Sunday ;
keep at the corner of William and Fulton streets
room: cannot say what they said, it is leng since
CoUNsEL-Is your wife in court
WrrNEss-Yes, sir.
CoURr-You may 90, sir
Mrs. LucEAN sworn-Mr. Gottsberger, grocer,
was asked to be interpreter the witness not under
standing English; knows the parties; they FIRE.
quently came to my house in the afternoons, parti
larry in May or April Of last year; they eat and
| drank together in the back room and went away
/ saw her speaking to SEEKER one day, and crying
and he answered her that Sit was time enough
| De not know what they were talking about; thii
ours, and came as visitors; did not pay for thei
| suppers; she was afterwards sick at my house.
| Betsy WALLIS sworn "a young married woman,
Knows the parties in this suit; saw them to
gether one day the last Of April, in the back room
OF the store at Roosevelt street; asked them wheI
they were going to be married; he replied that h
could not tell exactly when, but should GENE Il