The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-07-10

SINGULAR CASE OF BREACH OF PRoMIsE.-The
Cattaraugus Wing has Il report OF breach OF
promise case Charlotte Hbpf ps .4rery park-recently
tried AT Ellicotsville that lets little into the mode
they manage counting up in Cattauraugus. Widowers
are VIGOROUSLY brisk IN their woongs but this counting
two damses at the same timo, is rather transcendinR
even widowcr's privilege:
Avery Park, the defendant. was at tho time OF the
as, with family of FIVE small children the youngest
being about seven months old. Avery also had good
farm large lot of good cows and his dairy had become
somewhat famous Tor the size and quality Of its cheese
He drove good horse, kept fine carnage. and was
devoted member and steward in the Methodist Episcopal
Church He had also held the dgnifed Office OF Justice
OF the Peace, and altogether was man Of note snd
standing in the good town of Dayton where the parties
resided Like all other active and vigorous old widowers
Avery got restless AID uneasy and began TO cast
about in search Of wifs He DESTROYS to provide in
the first place companion for himself. who should Incl
dentay occupy the position and discharge the duties OF
mother to his children, TO stir up the cheese curd,
and fill the vacant place IN his pew OF church on the
Sabbath. In talking his grievances, to his friend
and brother in the church. Leander Bacon he described
the kind of wife he would like to secure TO wit:One
between twenty five and thirty years OF age with
whole soul and fair body unincumbercd from respec-
table family and thorough-going Methodist The idea
entered the mind of Leander that he could supply
the of the squire and he suggested TO him. that
he knew person in the neighborhood answering the
description with an exc option as the age, which
some lew years earlier than the age the squire had
toned The curiosity OF the old gentleman was there
upon excited but for peculiar and private reasons Lean
der refused let him know who was This increased
the curiosity of the squire and for days he refec-
ted upon until he could contain his anxiety no longer,
prudent and skul negotiator, Leander still re.
fused to give the information, but by hints and
ience and family. Avery finally guessed that he
meant Charlotte Hiliburt, sister oil the vile
OF Leander. Leander acknowledged the correct
ness of his opinion, and the squire inquired If abe
would ego it," The matter was discussed at some
length and finally arranged that Leander should get
Charlotte down his house to eat warm sugar and the
squire should call and see her Accordingly on one
Thursday evening, at about O'clock the meeting took
place ut the house appointed After supper and about
il o'clock Avery Charlotte and led her in an ad-
Joining room, where they remained until one or TWO
room is not known except as some portion 81 leaked
out incidentally the examination of Lcander, who like
curiosity Alter going to bed and sleeping time no
got carefully up and standing on the trundlebed put
his car to the door He could only hear lew broken
sentences Of general conversation in which the names
of of the ncghbors mentioned and in addition
the squire kissed Charlotte heartily six times The par
ties finally out Charlotte got the sources hat and
shook her by the hand bidding her good evening" and
walked away. Charlotte then related few Of the sweet
bed But the old adage, that true love did run
smooth" was fully exemplihed in this instance On inc
following Wednesday evening, Avery called again Al
Lenders to Charlotte, and informed her tina tcircum
had ranspred since he was there before that
rendered it improper for him to continue his vs-hat
Mary Rich with whom he had previously opened me-
collation. claimed some misunde randng regard to the
time she TO give him an answer aud peng hrst, ne
felt under Obligations to her. Charlotte replied,
that he ought to have got along with Mary Rich before
he lar with her; but ii he married MAI ch sne
hoped he would never forget ms hai.u rne
case made up thousand attendant
of Park and collateral issues upon the cha
racter and yeracity oil the witnesses Mary Rich this
time called as a witness, and swore that the Sunday
evening Park last called to see Charlotte the con-
tract was consummated with her. These the mate
rial facts and do intend to trouble our readers
with particulars. Both Charlotte and Mary were pre-
during the trial. and appear TO be modest Intelligent
aad pretty girls, and was The opinion oil many present.
that if the damages had resulted to any body was to
Avery Park and not the girls The case was ably sum
med up for the defence by Messrs Fox and Hon Dudley
Marvin and for the plaintiff by Messrs Howe and crook.
err. The jury were, however unable to agree, 30
must be tried sgan and we shall have snothsr 0oK "
he