The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-06-23
A Singular Trial.
Singular Trial.
LOVE AND MISPLACED coNFIDENCE-MoNEY LOANED
ON A MATRIMONIAL ENGAGEMENT-ATTExPT TO
MONEY And GET RID QC rHE BRIDE.

LOVE AND MePL AGED CONFIDENCE MONEY LOANED
ON A MATRIMONIAL ENGAGEMENT-ArTExPT TO
KEEP THE MONEY AND GET RID OF THE BRIDE.
From the Gtica Herald, June 90
Tho case Of Emily G. Day against voIkert K Roth and
day mo rning The fair plaintiff appeared in court &C
Ssnpanisd b one OF two female friends. JSshus
Jenkins and Henry A. Foster for defendants.
Tns case was opened by Hon Joshua Spencer in be-
hall Of the plaintiff who stated that this was an action to
recover from defendants the sum Of $780, with some
500 $500 Interest," claimed to have been given BY the
plaintiff, Miss Day, to one Of the defendants for in
ysstnent he should be soleto prove that the deien
the plaintiff any of her friends. The plaintiff is
native Of England who while in Paris in the month of
April 1850, became acquainted with Volkert W. Roth
which acquaintance rpeued into engage of mar
riage Mr.. Roth learning that the plaintiff was pos
hin with the sum Of Hs arrived ni here early IN
September, 1850 and Immediately his arrival pre-
pared 70 deposit thsse funds IN the name Of Mis-, Day in
could not draw these funds In his name, he pro-
cured power of attorney from the plaintiff. In the
month Of September some coo more deposited
70 the credit of Mr. Roth few days subsequently he
drew some So 000 and the Goth OF December, 1850
drew cut the remainder Of the amount deposited.
Mr.. Spencer then gave detailed history Of the pur
The name Of his srohefr Nelson Roth The
the payments s made IN the of Nelson Roth
The theory Of the prosecution that the whole
Roth was expended In the purchase and improvement
OF the Museum and other property In the spring of
1851 the defendant. V. W. Roth commenced the
zion Of the Museum into theatre. 1t completed In
DR. Potter, editor q the Utica Gazette that the Museum
was his and pubfhed in the columns OF that paper
An organ and other articles ordered BY " W. Roth
In bis own paIne. In some instances, subsequently, v
w. Roth repudated bills presented, which were present
cd to Nelson Roth, and were finally paid by him.
At first the CORES pondenee with the plaintiff Miss
Day. carried by V. W. Roth but in 1852 be con
jured up falsehcod to the effect that he had been made
nearly bankrupt by the faifnre of firm In Utica, for
whom he had endorsed that his property had been
sezed but that he had been able to her property
ard invest 1t In New York State stocks bearing
per cent interest Soon after he wrote Miss Day that
he had resolved to try his fortunes in California coming
home by way Of England allowing her to marry some
else In the meantime, she chose; he stated the
Of the ship in which he had taken passage, and
the day which he intended to sail. he also wrote
her that his brother Nelson Roth, would continue to
send her quarterly rettaneee OF EOS Here the
pondence the part Of voer ceased and Nelson took
sent enc or two quarters brt afterwards wrote her
that his brother expected home soon, and should
defer sending further remittances until his return.
During all this time Voikert w. Roth was engaged In
alarmed, wrote to Mr. Gridley Of Clinton, from whom
she learned that she had been deceived Immediately
the receipt Of this information she took passage for
this country, where she arrived In January last In
Che Dcshtme, volkert W. Roth has been doing bust.
ness In the name OF his brother in Madison Wisconsin.
Tbs prosecution asked that the Museum property
should be allowed for the payment OF the funds Of
plaintiff therein invested.
Mr. jenkins submitted whether the great mass of EVIL
dence TO 30 submitted by prosecution affected the de-
PENDANT Nelson Roth the other V. w. Roth not being
defendant In court HIS Honor ruled that the interests
N this suit Of the two defendants could not be sepa
rated.
Mr.. Spencer read sfldavlts from william A. Spencer
and Miss Day that summons 70 v. w. Roth had been
issued In due form, and published required by law
The trial La progressing