The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1845-10-29

ne aeiendant who keeps paper and stationary store in
writer" The case created good deal OF interest par
tcusrly amongst the friends OF the parties There
alsrge array OF female witnesses in attendance who
eynced good deal of sympathy for Miss Steele is
lady OF unblemished reputation moving among large
and Respectable circle of relations and friends in this
city The defendant is also long and iavorably known
IN tho community in this city, and married widow lady
Miss Steele which caused her to institute the
proceedings In the present to compensa
ton for the injuries her feelings have sustained thereby
and also for the damage which her future prospects
likely to sustain IN consequence Of the alleged desoron
men OF the Jury this is an action brought by lady
against man. for the performance of marriage pro.
mse-a form OF action which not very frequent 10
Courts-and which comes before you, gentlemen for
the purpose OF deciding upon its merits will be my
and introduce the testimony to sustain it, and il will be
yours to pass upon it, shall proceed to lay before you
the facts we intend to introduce in evidence
years ago the parties engaged in the present suit
engaged doing business together in book binding
biishmen belonging to Mr. Day in this city; and both
being engaged IN doing business in the establish
ment, friendly acquaintance commenced between
MISS steele and the defendant who serving his time
to the That acquaintance continued until the de-
PENDANT got through his time and he subsequently, went
ana sought employ men elsewhere. Within short time
after completing his ship he renewed his oc
quainance and his addresses as sutton
was in the year 1886 37 He then having recently
commenced his business book-bnder and statione
and also become engaged in the business manuactu
rering OF what is ca d the manifold Letter Writer"
he carried on his establishment in William street. still
was not arranged to take place. owing his situation
at that time which he considered would justify him
In mourning the expenses Of family. II was however
understood that they were to be married his
circumstances should improves and the courtshp CONT
nued with this understanding until the year si0 when
written correspondence passed between the parties,
and this was the only occasion in which il ed At
that time in the year is4o the period had arrived when
ney were to have been married. and in of his letters
OF correspondence at this date the defendant states he
time is near when to be happy together for life"
year, however, passed without marriage after the
period fixed upon and he still continued his attentions
growing and looked upon by all among their
who Dy wa am the
tentions SO continued until the fall of 1874 Without
signing any reason he suddenly ceases his attentions
and marries another lady Since that time gentlemen,
he has given the least for thus
offered by him for the nonperfomance Of his contrsct
although namely his circumstances. this critical
consummate his promise-the point had just arrived
when Miss Steele had expected the fullment of his en-
gagsment for then he had just gone into the bookshelf
Rod when she expected the marriage would be
mated that tho defendant in this broke through his
engagement He has never, gentlemen, given excuse
to this respectable lady for the wound he has inflicted
upon her ieelings he is perfectly familiar with her cha
racter and circumstances and there is grow
ing out OF any circumstance which could favor or JUS
diy any excuse or any apology and cannot find any
thing in the whole that would afford the remotest
grounds for the formation of any apology The fact is
gentlemen the lady to whom he got married was
five years, she having kept a boarding
house; and there excuse, except possibly the
very circumstance in relation to better situation which
he doubtless considered he would acquire by mar
iage with this lady 1t not love that seduced him
from us-no gentlemen, he thought he could make
of this ind can be imagined He is now living in re.
spectacle in this city in very comfortable circum-
stance know Of no excuse lie offer, unless it be
the excuse that lie has the privilege determine not to
have been married at all And with regard my client
Torso time and through period of life WHICH to
an valuable she is now to be left to her v
ing as best she can deserted by this defendant Now if
this e his opinion, apprehend that snch is not the
opinion q the community in which he lives, the law
in this court or the jury who to pass upon this
shall now, gentlemen call the witnesses.
Mr. VIM DAY was the first witness sworn, and exa.
mined by Mr.. CRoMwELL--I am acquainted with the
plaintiff she is nece to my wife; Francis the defend.
ant was boarding with me- Miss Steele was neice to my
former wife; Mr. Francis first his attentions
to Miss Steele about ago; he paying
those attentions in the fall Of 1874; called on him 10
know the reason; he did not mention the cause
manifold letter wrera his visits were at all times
friendly, sociable visits have knowledge of his
staying with her late at night when the family retired;
Crossenamined By Mr.. G,aAnp-I think Miss steele is
the elder OF the two; Mr. Francis came to board with
y; lived opposite each in Greenwic1 reet;
the factory was in the rear Of Johns house, Mr. Francis
young that attended to the ladies. single married
Ea s retired srts1 h.
IN IT, after my brother John broke up business, Mr.
worked there; Mr. Francis visiting terms with
the family until some few months ago; Miss Steele
absent from the city at Hartford at time for year;
she was often absent at other periods, sometimes for
month, and other times for six weeks, during intervals
for the last four years.
Direct resumedI can't swear II Miss Steele young
er than Mr.. Francis present W ife.
Letters of correspondence from defendant address ed
to plaintiff and dated in the months of July 49, 1910, Au
gust &C. were put in and withdrawn until subsequent
stage in the case
ISAAC D. BorcE examined know the parties in this
suit; resided with them at Mr. Day in the year 1897
their intimacy commenced about this period
Mr. Girard.-We are called upon here to account for
breach of marriage promise and object to their niro-
ducing particular They have no proof Of breach
OF marriage promise
M Jordan--We are entitled TO introduce particular
acts as matter Of law The gentleman will find this
the case proceeds.
Cotln this form of action on are entitled to ask if
the defendant did not pay attentions suitorand if
the plaintiff attached
Witness lin continuation THE character of the at
by gentleman to lady to whom he about to get
marred observed these attentions in the house OF Will
liam Day. as late as ten o'clock in the evenings resided
for four five months in the same house with them in
1885, his attentions were constant, and such sutton
usually pays to lady.
Cross-eramned By M. Girard-Niy wife is connex-
ion OF the Day family; have Francis waiting upon
her; have seen them at II O'Clock at night the room
together; never heard him say that he would marry
her; have seen many visitors at the house of Day
Mrs MARY ANNE HApAwAY examined.-l know the
parties in the suit became acquainted with Plaintiff
some 10 years ago. Defendant visited Miss Steele as
suitor.They were frequently together- resided two
Ing particular sention 10 Miss steela ougp pay
from his manner towards her-I remember they used to
sit up alone after the family retired The family retired
generally about 10 o'clock. went with the family TO
walk on one occasion to Castle Garden. was a friend
Cross-eIamined by MIR. Girard.--l know that Miss
steele was, at one time, absent at Connecticut about
year During the time she absent Mr.. Francis vs
ted the Day family He in the habit Of giving ho
day presents to the Day family.
- D,ecL-i have seen Mr.. Francis portrait in Miss
Steele's possession.
MISS ANNE RILEY .tpamined by Mr.. CROMWELL
resided at Beaver street two years ago Miss Steele
resided at that house, belonging to Mr. Earl Mr. Fran.
CTS visited Miss stees often, and sometimes they used to
sit together and they used go out together and come
in about 10 O'Clock.
Cross-eramincd by MIR. Girard Mr.. Earl being out of
town he never saw Mr. Francis-I still reside with Mr.
haIi,i saw MIN come sometimes twice a week. used
TO let him IN III was after 10 o'clock Miss Steele al.
woys came In and closed the door when he went away.
MRS. CHARIrr STEELE, sworn and examined-Testi.
ned that sr francis resided in the family of Mrs McCul