New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1844-01-05

meni.
carriage to the residence OF Mrs. Co!es's f,,,..
and left him there, two years before NJ. Pc
death, and that Mrs Coles's little daughter -.
accustomed to spend weeks at a time j, !.
house of DR.. Oatman in each year OF the three :.
four previous TO Mr.. Pye's death.
These latter facts were introduced TO rab,,. ;,
insinuasions thrown out in the pleadlngs, ,bo,,s
not sustained in the testimony on the part Of =.
plaintiff, that the intimacy between Mrs ca.
and DR.. Catnan commenced on the death OIL
father at the funeral the advocate said :,
was also represented by the counsel that y, o.,
man was poor and needy, when the ,>s.;mon-
showed him popular physician in eztcnSr,
practice, though he came 10 this City from v.
mont, q STRIPPING and stranger, but a few voas
ago, since which he had acquired, BY skin AM
assdui;y in his profession, very bandsorn,
property before his marriage to Mrs. Coles
On the lith Gay OF February, 1913, Mrs. Co,.,
gave her hand to DR.. Oatman; and on the s;sbS
day thereafter, NIr Willis Cutler likewise ,n;,.l
himself in matrimony with Miss Curtis, and :,
the second day following Feb. 9th, 1919 cam
menccd this suit against Dr. Oatman and ,4,
for her alleged Breach of Promise
Judge Kent III reviewing the te,tmoD,
which he did very fully and fairly, stated III.
this action for Breach OF Promise is very a..
one in our Courts, and he could wish it were still
rarer. more especially against women. The hw
authorizes such an action, however and doespa
require to sustain such IN alleged promise he
same kind and degree Of evidence that it ,eouirs
to establish other contracts. 4 contract mary
NAV be inferred from the conduct of the parties,
But it must be an express promise TO marry, and
must be mUtual--a mere intention to marry
proof of strong affection on one or both SIDES will
not answer Unlike other promises, again, this
promise NAV be invalidated BY the acts of one Of
the partes-by proof of deception or concealnen!
by the other party, of bad character or unftncs
on the part of the party claiming fulilment ii
the promise. Such allegation is made in Ibis
case, az reserved ground Of defence in case the
Jury should consider any promise proved; but, the
Judge Inclined TO the opinion thatt would hardly
be necessary to consider this ground very nicely,
In sitting the testimony IN this Case the Judge
cautioned the Jury against laying much stress on
reports of conversations, the gossip Of neighbpr
hoods &c sc. Able jurisls had doubted whether
this sort of testimony ought 10 be taken at ALL
and il certainly should he taken with great caution
and allowance. Admitting that the witnesses
aimed to tell the truth, Sigh, nlsrccoEIectUn,
the mispacing Of word. may alter the meaning
enlrely and, above all, tic look, the tone, the
gesture, which give character and meaning TO the
words, can never or rarely be thus given at second
hand. Thus, the testimony Of Mr. R'ynor Of
his conversation with Mrs. Coles respecting her
beau has one meaning il regarded as relating
serious conference between the parties, buta
very different one if understood as the baalnagge
of acquaintanccs-he ra|lying young woman
respecting one OF her suitors and she replying to
him in the same strain. Considering that TIL
conversation took place in public street. between
persons by no means intimate, in the presence Of
stage-full of utter strangers the latter must GER
tainly seem the true hypothesis.
AS to the testimony OF the Canniffs, the Judge
remarked that there was mlnutencss OF Gomez.
dence between the testimony OF two concurrlng
witnesses which was regarded as more suspicious
than slight discrepancies. Thus when Mr. and
Mrs. Canniff mutually testified that Cutler spent
his evenings almost entirely with Mrs. Coles,
while other witnesses testified that he spent them
mainly at The Pocahontas,' and was paying
Of, 9TH
women-that Mrs Coles said substantially to
each of them that she would make changes in
, Cutters household when she became its mistress
and, most incredibly, that Mrs Canntt hap.
pencd to be awake and Mr.. Canniff to be coming
home at the same late hour when Mrs Coles was
dismissing her sutton, and each noted and reco'
lected that it was Just o'clock in the morning.
these condolences were Of nature to SHAKE
rather than to strengthen the testimony IN which
they occurred-These are the only general dig
tnctions which we remember as laid down by
Judge Kent, who presented the testimony on Doa
sides with great clcarness and force, and com
United the case unqualdcdly TO the judgement
the Jury If they believed there had been
solemn engagement to marry, and that II wa
broken of by Mrs. Coles without suitcIen
cause, they must find for lhc plaintiff IN such al
amount Of damages as should to them appea
reasonable; otherwise for the defendants.
The Jury retired about 3 o'clock yesterday
and in few minutes returned "a verdict tor IN
defendants.
Thus endeth the Breach Of Promise case.