The Alleghanian. [volume] (Ebensburg, Pa.) 1859-1865, 1859-09-15
LOCAL AND PERSONAL.

WfEA 81.
,,s one of Importance, and laymen as well
,,vvers we're affected in its detern,iha-
;,. IT gives us pleasure, therefore, to
- the whole matter before our readers
sometime during the year 1856, Miss
Kama Kimmell, a young and virtuous
b5v, residing at Johnstown, in this coun-
was seduced by young man named
theodore Barnett, under a promise of
marriage. The young man falling to make
,,od his promise, and Miss Kimmell be-
pc under twenty-one years of age, she
orrht therefore to redress her grievances
and punish the offender by a criminal
rrosecution Accordingly she made in
hrmation against Barnett, and after the
Iegal formula incident to such proceedings
had been gone through with, he was bro't
N 70 answer an Indictment for Seduction.
/ 1t the March Term, 1858, when the in
{dietment was about to come up for trial,
|he parties had settlement; and the
|DBtrict Attorney, on leave of Court, en-
|tered a ,o0e prosequi, and thus the prose
cution was ended. This settlement was
Effected by Barnett executing to Miss
|Kimmell Judgment bond, conditioned
that he would marry her in sixty days
from the 9th day of June, 1858, or in de-
taut thereof pay her the sum of three
hundred dollars. In this bond one David
[IIamilton was surety, and Immediately af-
her its execution, statement was filed and
Enjoyment duly entered for the amount in
/ <the Court of Common Pleas of this coun-
ey. When the sixty days were about to
ehpsc, Barnett and the young lady met
& Nby appointment; the Rev. S. E. Babcock,
"a Methodist clergyman, of Johnstown,
Els sent for; and the parties were duly
oncd in the ''holy bands of Matrimony,"
I6n the presence of several witnesses. I'M
pnedately after the ceremony was perform
I'D, the husband left the wife, and has
<heyer since cohabited with her, nor in any
manner provided for her necessities. At
ter the marriage, however, the counsel of
Hamilton (the surety in the bond) moved
the Court for a Rule to shew cause why
The Judgment should not be marked "sat-
isfed,' and on the 8th July, 1859, the
Court directed an issue between the par
lies, to determine whether the condition
Expressed in the bond had been complied
with on the part of the Defendant, Bar
hett. Upon this issue the jury were
kworn. After the judgment had been
given in evidence by the plaintiff, the de-
fendant's counsel adduced testimony show
sPng the marriage, and argued that it was
such compliance with the condition of
the bond as would relieve the surety. The
zplalntitf's counsel, on the other hand,
gave evidence of the fact that Barnett had
zlett the wife Immediately after marriage;
That he had never since performed any Of
the duties devolving upon him as hus-
band; and showing also repeated declara-
tons on his part that he never intended
4 70 and never would live with her, or in
i any way provide for her wants; and upon
this evidence the plaintiff counsel argued
that the marriage had not been entered
INTO and carried out in that good faith, on
sthe part of Barnett, which would be neces-
.Sary IN order to make it compliance with
the condition, and not discharge the iabil-
ply Of Hamilton, the surety. The Court
tIAYLoR, Z. j. charged the jury that, if
they believed, from all the evidence in the
case, that the marriage at the time was a
concerted scheme and trick, on the part of
Barnett, entered into without any inten-
ton to live with her, and discharge the
duties Of a husband; but to leave her as
coon as the ceremony was over, and did
leave her, it was not a compliance with
the condition upon which the judgment
Was confessed, and that, therefore, they
should find for the Plaintiff. The jury
retired, and after an absence of few min
UteS, returned with verdict for the Plain
oh' for the amount of the judgment en-
'ered, with interest and costs. 1t is
probable the case will be taken to the
supreme Court 1t was ably argued by
H. l.. Johnston, Esq, for the Plaintiff,
and A. Kopelin, Esq, for the Defendant.
However the case may be finally deter
mined, it must be admitted that the result