The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-01-05
u. 3. Circuit Court.
? n.rr~n I.,A~a Y ..t

Lddy.-Cuier u.s. Oatman.-This case was resumed TIM
morning Mr. JW GRARp addressing the Court andJury
upon the part Of the defendant He commenced by con
tending that the evidence insufficient to induce tn,
Jury give the plaintiffs verdict Upon the first brancl
of the defendants he would the Jury that hi
had ansacked his notes with the greatest possible care
and vigilance and he could find that any other people
those who had been placed by him in the witness box
A female, who lived in the same house actually
that she had them together in shape
or way; yet this at the very time when Cannif
and his wife the plaintiff was spending his nights
the widow to receive the plaintiff every second third
fifth night without all the inmates being aware OF til
The mother OF Mr. Cutters to be wife laid her
eyes upon Mrs Coe and that she had heard him talk OF
her he did OF every other womanbu as to his marry
ing her such an event never entered into her mind Yet
this during the time that according to Mr. and Mrs
Canni's evidence they were spending their evenings
together he (Mr Girar) would not go over the other
evidence OF this description but merely observe that OF all
the witnesses but two Mr. and Mrs. Can
nh had ever the parties together at any time or
place. But he would go further The widow was reno.
wing the fall OF ls4l to her fathers house, she at
certain house about TO enter into siege to convey herr
the defendant was in the bar at the same time yet he
went out to assist her into the conveyance Was it
possible If she had been his betrothed wife, he would
have so behaved Was possible he could have been en-
gagged to her. il he thus behaved towards her p
He permitted her. in fact help herself into the stage
and why Because he did not dare face her because
knowledge that it He could not bear to look
upon the face oil an insuted woman He was with
he her nut wo hs h why sv1 ns S
over, Of violating the laws of the United States
by specializing in casks, which the jury understood
Why at the gambling table, for twenty witnesses had
traced him there during the months Of May and June
when it sworn he visiting the widow till two
o'clock in the morning Under these circumstances was
ton in considering the conduct Of the plaintiff Let him
get the money of the defendant if he could but let him
not steal her character Let him take her S5OOO0 II he
could, but not her honor. This wretch, however, would
take her money and at the time trampe down her
character and he contended that this action was the Off
spring of conspiracy because here he was seeking to
deiame her character whilst It had been prove.d,
as he did his former wife He called upon the
jury to put down such vile ISLANDERS, by giving
verdict against the plaintiff TO return to the evidence
where had the plaintiff BEEN traced Why he had been
traced skung and hiding his face in stable not daring
to meet the indignant frown Of viruous woman-yng
from her the brute beast Was that consistent
with their billing and cooling, and huggng and kissing
TO look upon the rown of All indignant woman was ter
rife God defend the man who had to encounter a viru
GUS indignant woman, when he met the flashing light
ming Of her eye Vrtuous indignation would strike the
mort daring to the ground quicker than or the
have faced the devil upon earth than the vrtuous
Indignation of Mrs. Oatman He could well imagine what
Mr. Cutler must have felt and therefore he dared not
venture meet her. The learned counsel then pointed
out the witnesses whose testimony went to that the
plaintiff had denied in their presence being engaged to
the widow But if that were not had been proved
that at the very time he said he engaged to the Wi
dow he boosted he was counting number OF other wo.
He (Mr GirardD had list of them, and he found
they amounted to the exact number of Blue Boards wives
First, there Miss Russell who he thought had $500
hut this expectation be false would not
marry her Miss Russell stood in his affections as high as
500 but the money gone the love out
Of the window The next was Ellen Hoffman since mar.
red-whom he familiarity addressed by the name Of his
/" lovely woman"-and her brother, by the cognomen OF
brothern-law." She was very good-looking wo'
MR. Girard) did not know. Then there was Miss
Holiness the of the fifth and sixth he could not re.
MEMBER and the seventh Miss Curtis who had now
the happiness of sharing has bed and board and he r
Girard) hoped he had got his match Could any thing
better show the real character OF the man than this
wholesale courshp All this was at the time he court
ing Mrs Cole and he only waiting for her till after
Old Pyes death Why this ought never to be allowed
TO enter any house wherein there woman. Here
after let woman married single young DID, dare
speak with him, 60 to church with him. for they would
find him the most dangerous man they had ever seen;
they would be liable to action for breach opromise of
marriage His character, however, was now exposed
most completely. There no better test in cases of
view of probabilities Was it probable, then, that this
lady could have taken this for her husband or
five years old he had five children and aborng un.
der probable consumption. Was it likely she would
marry man thus stuated2 Engaged as he was, in
business by day Of violating the laws of the United
States and by night in violating those Of morality
at the gambling table, was it probable she could
have ever consented to have him Could any
of refinement and delicacy.3 She was
then addressed by the gentleman who afterwards
married her He had been an ancient 6sa% and when
he would selected fellow like the plaintiff He
MIR Girard) would not pursue the smile Of Hamlet,
and ask the jury to look upon that picture and upon this
He would only that If the jury took the probability OF
facts into consideration they would say was impossible
for the widow to have taken up with the plaintiff. The
learned counsel then advered to the law in cases oil THIS
description contendng that under all the circumstances
he lady had made the promise which alleged she was
absoved 'front.' The ground of absoluon he stated to
he the gambling propenses Of the plaintiff, and his Ill
usage of his former wife, facts which would prevent any
woman of refinement from marrying him. Another point
of the thisin 1913, just eight days after Mrs
Cole married to Dr. Oatman, this plaintiff OF wounded
affections whose tender sympahies and delicate sensibi
ties had been grossly outraged-wha did he do? Did
rush to the edge ofthe water there to drown his cares
No he rushed into the of Miss Curtis On the l4th
of February, ls43 Mr. and Mrs Oaman were married On
the 9th of the month"; Mr. Cutler took to his bosom
Miss Curtis and two days afterwards he commenced this
suit to heal his injured sympathy Under all the circum
stances he commended that the jury coudnot have even
lingering doubt that Mrs. Oatman never did promise to
marry the plaintiff
Mr. JUDAH followed upon the part of the plaintiff strong
y urging that the learned counsel for the defence had dis
torted the whole facts Of the had placed circum
stances in themselves insignificant prominent and gwen
the whole aspect and character which it could not
properly bear There whatever for the i'm
plaintiff to deprive Mrs Of her character and to
pocket her money. The plaintiff merely sought compen
saton for grievous injury which had been done to his
feelings which the law said he should have 1t had been
said that sufficient evidence had not been produced 10
prove the promise he CIr JUDAH admitted that more
might have been given but the poverty OF the pianti
could not contend against the wealth which now belonged
the defendant in bringing testimony forward witness
ing unable to maintain them here Under all his Difficult
ties however he contended that the plantin naa
| made out a case very different from that which
the learned counsel on the other side had de-
scribed Mr.. Judah then proceeded to comment upon
the evidence observing that the doctor would never
thought marrying the widow if he had not known she
900 charms the shape OF that number OF
dollars And the widow herself would have married the
plaintiff before her fathers death when she was Ignorant
her fortune because she wanted husband to keep hers
but when she became worth 90 600 dollars her affections
changed She then preferred the gallant 70 the
hard.hsted His learned friend auding to the
personal attractions of The two beaux had with sort OF
triumph asked the jury to look in the words OF Hamlet
| upon this picture and upon that He (Mr. Jul
daf would also ask the jury to look upon this picture
upon that and having done so he thought they would
would in the breath pronounce the learned ply,
stefan be exactly Hyperion" Before the death OF
old Pye the widow content to accept the plaintiff Tor
her husband but after his death she jumped all at once
from the hogshead into the gapo and enased the doctor
himself up in the gay style in which he now appear
ed The DOCTOR however would as soon have thought o.
sw allowing his physc marrying the widow, n
had not been for her 10000 dollars but when the pill
was so richly gilt, he found himself enabled to gup
down AS to the allegation of the plaintiff being ean
bier he mir Judah) denied IT. and II he was was known
to Mrs Cole at the time she made the promise The
learned counsel concluded energetic speech by calling
1 nssI.