The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-04-19
Kings County Circuit Court.

BREACH or PROMISE OF MARRIseE.-S2Do0p DAMAGES.
Ara,L l7Bunce Smi,h.-Thi- action brought by
Miss Cornela Bunce rpnstcr forty years Of keep
ing boarding house in Williamsburg against Mr.. John
smith ajapan worker. carrying business in New York,
at the Of Water and Bc.kman streets but also
formerly residing in Williamsburg and aged aiou; sixty
The appeared 20 have excited interest aud
numerous audience attended the court room all day
while u was proceeding, having bcen opened the
It seemed that the defendant had, long time ago.
been acquainted with the plaintiffs family witch init
macy renewed In 1890 when he In the habit Of
visiting them, and spent good deal Of time In musical
entertainments there, vocal and instrumental pursuit
Of which he was very fond and, alleged on the
side he extremely attentive TO the plaintiff, to
whom he made offer ~ marriage. That In October
1850 thee attentions ceased and The defendant married.
another lady. That he wrote the plaintiff letter in
that month"; In which he excused himself the ground
81 III health and In November he wrot. 70 Mr. Lab,u
a relative Of the plaintiffs informing him he had been
married to a person whom he had but twice
by the persuasion and viii 81 his children. which he
could not resist again abiding TO his D health aud
willing him to break the subject to the plaintiff.
For the defence the promise denied and special
put In that the defendant Incapable Of en-
erng into the marriage state 90 this latter portion 81
the answer the plaintiff put In no reply.
several witnesses were examined on both sides
Mrs Abraham- the plaintiff sister, proved that .he
had known the defendant twelve years and he visited AZ
their house in 1s4o and that he had been attentive
and insisted seeing her sister In her bedroom when
she very M That he frequently came after that
and ceased in the month Of October 1850 That he had
caused her sitter 10 move into Of hi. houses where
he had all the repairs and alterations done she de-
That che lived tn, re stili.
Miss fibball and several witnesses called g show
the conduct and department Of the parties, aud Ellen
Russell. servant. and John Henry Lahau, nephew
OF the plaintiff proved that they being In the Kitchen
could hear persons talking in the paror ny means Of
speaking tube or trumpet and that they did overheay
certain conversations In Of which, he had asked
whether IN. did not love him. and she said you are
mine" and forth IL was also proved that on
cccasons the defendant had been Ill AMI the plain
tin had paid him very delicate attcntinos bathing his
LEAD Ne and that be bad on TIVE oecasop- stayed !Rrs
all night The letters above mentioned wert put Ia evil
dcLsc.
The def. ndsnts counsel argued that the answer he
had put in, and which was admitted the rcadings t.
be True was sufcient answer TO the whole for court
would never compel specific performance 81 void con-
tract and In this case any marriage which might have
been bad between them might b. annullcd under the
Eevs.d Statutes, (vol page pol section lsl but be
that bis cbldren Of whom he had Ave (as also twenty
grandchlrcn) had brought about IN. second marriage
IN order to secure him the necessary attendance q
that the wife had been forewarned the statute
above mentioned would not apply These facts de-
posed 70 by physician, who proved that the defendant
had had severe attacks ~ paralysis and completely
Frustrated physically and considerably 30 in hs mental
powers 1hc defendant In court being seated at the
counses table isappcarancc did not bctay any great
debility
witness, Mrs. wyman who ompanicd the dcfen-
dnnt on IN. occasion n his going to- the plaintiff ~ her
btdro m gave very different arrOunt o the cccur,noc
stating that was at the plaintiff desire t defendant
came up stairs he having fret declined to do &C aud
that there was nothing like love making bus an ordt
nary conversation; also that Ms- Bunec had constantly
been ut her house after MIR smith, uut her visits were
mace subject 81 remark and he himself hal gone into
nv own rom TO avoid her The evidence Of which me
above only synopsis, occupied the court all day 'ayr
The recess 81 one hour until nearly O'clock whn
the counsel un zach sid. summed up The judge
cmd.h ms change about halfpa nnc aud the jury ~
into court With a verde. for the Plaintiff y mage
s2oto