Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1859-10-12
Wurtester Daily Spp,
A SPECIMEN CouRTsHIP


Use. Both parties were residents of the town of
Pennington, respectable, and not dangerously
good looking. The first witness examined
was the lady herself, and we give her testi-
mony IN full, as affording a specimen of the
style OF novel counting =
In the fall of 1856, Mr.. Barber commenced
paying his addresses TO me, and called once a
week, and sometimes ottener. He called eve
nings, Sundays, and sometimes week days.
Staid till ten and eleven o'clock in the eve
ming When he began to visit me he said he
had strong affections for me- | told him that
my affections were the same for him. He
usually made these remarks at fathers house.
Once when walking in the orchard he said
that his affections were stronger for me than
any other girl he ever knew. Before our en-
gagement we were not in the habit of being
alone, but afterwards we were generally alone.
We rode together otten-sometimes to Pitts
ford church, at others for short ride.
When riding we talked of our affections for
each other. On the first Sunday in January,
1857, Barber called at our house and invited
me to go the Methodist church, Pittsford, of
which | am a member. l went. On the way
home he said he had formed resolution on
New Years day not to drink any more liquor.
L told him that | was much pleased to hear
that. He said he had made up his mind to
get married. and he thought that he and l
would make good match, and asked what |
thought of it. L made no answer then. When
we got home he talked again on the subject
and said l had made him no answer. / told
him | was perfectly willing. He turned to
father, sitting near, and said, did you hear
thatP Father said, what Z? and Barber re-
piled, Mary has promised to be my wife,
Father said, SIS that so Z? Barber replied,
Yes Father said, 'Aint you joking, Smith g
Barber replied, NO, am not; if you don't be-
lieve it I'll bind the bargain with tobacco
box silver box which he was then taking
from his pocket | took the box, and father
asked me if that was so, and l told him it was.
My sister was present and spoke about it.
The family then retired to bed-or soon after.
He said to my sister, 'We'll soon be brother
and sister
When we parted at the door that night we
kissed each other as we had done before at
parting. / invited him to call again he re-
piled that he would. Think he called again
that week, and stad till about twelve o'clock,
after our folks had retired. Think we were
alone as much as two hours. He asked if |
had regretted the promise to marry. replied
that | had not as | knew no reason for regret
ting it, as there was no objections. After that
he called as often as three times a week, and
then not so often. On these occasions as q
usual thing we were alone. He on one occa-
sion told me that his affections were such for
me as he could have only for wife lie said
said he had never loved any person before as
he did me. Our conversations were on such
topics generally. One Sunday evening in
March, 1857, we rode out on which occasion
he reminded me of the promise made in the
winter. He asked me to set time for mar
rage, and inquired if | could get ready by the
first of May. / told him | thought | could.
He said then: "We'll be married on the first
Wednesday of May" He said he should build
a new house, as he was to get married-he had
lived in the old house long enough. l COM
mended his course, thinking it was best to ap
propriate the proceeds of some land he had
sold to new house. Some time after he was
at our house and asked if ! had choice about
where l would be married and by whom. |
replied that l preferred being married at
fathers house and by Elder Tooker, the min
lister of the church which attended. He said
he preferred Squire Buell.. | said it would not
seem right to be married by squire He said
might have my choice
After fixing the time for marriage, he pro-
ceeded to fix his house and called to see me.
Three days before the time fixed for marriage,
in May, he came and asked to have it post
poned, as he had been disappointed in getting
money due him. He said he would certainly
fulfil the promise in a short time. | regretted
lhe gave me assurance that it would be all right
soon-that lie would fulfil the engagement.
After a short time his visits became less fire.
quent-though we saw each other frequently.
During the summer and fall | talked to him
about the delay. He urged the lack of means
to enable him to do as he wanted to, but eX-
pected to have such soon. was in the habit
of visiting at his fathers and sisters. | went
to his sisters in sickness at his request. His
sister did not recover; l was there at the death,
at his request, and at the family's. attended
the funeral with the family at their request.
Barber married another person on the LIST of
April, 1858. About six weeks before his mar
rage he went home with me from his half
sisters; / told him that | was anxious about
this matter, and thought it was time to fulfil it.
He said l need not feel anxious-thathes should
marry me, and he thought before long | said
/ should not feel happy unless he did. He
said he should not either.
That was my last interview with him before
his marriage. He married Ruth Rowley. Two
weeks after the last conversation he brought
Miss Rowley to church, and seated her beside
my sister. He never assigned any reason be.
fore his marriage for not fulfilling his contract.
/ was not acquainted with the person he mar
ried. She resided at Fairport.
Mr.. Martindale proceeded 10 cross-examine
the witness, in which the witness first went
over the ground of her carly acquaintance
with Barber. Witness said she knew what
provision had been made in will of BARRIERS
father for hint was talked of by almost
everybody Eight years ago | went back
and forwards to Mr.. Barber's house-went
as often as once year. Went there the
year Mr.. Barber died. Went there from
school with his sister-was i'll the habit of
doing so. The engagement of marriage was
in January 1857 and the first time that | went
to his fathers house was in the same month
was there as often as once in three weeks up
to February, 1858. | visited Barber's sister
and she visited me often. Think she came to
see me oftener than | went to see her. Did
not talk with BARRIERS mother or sister about
being engaged to him. Did not mention it to
any relative of BARRIERS family. / considered
it secret which he had right to mention it
he chose to do so.
The other witnesses stated no new facts OF
interest; and on the part of the defence it was
attempted to show that the plaintiff was not OF
good character, and that the defendant was
joking when he spoke Of marrying her.
The case was submitted without argument;
and in charging the jury, the judge said, the
only question with them was, whether there
was ever contract made between plaintiff and
defendant Ii there was contract the PLAIN
till was entitled to receive such damages as
the jury might think she was entitled to. If
the contract was made in Jest, and was so un
derstood by the parties, then, of course, it was
not binding. If it was made in earnest, the
plaintiff was entitled to bring an action AS
to the damages, if they are to be awarded the
jury must decide from the testimony. The
jury retired at twenty minutes past ten, this
forenoon.
The Jury were absent from court about half
an hour and returned q verdict for plaintiff for