New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-03-16
CARSTANG AGAINST SHAW.
THE GREAT BREACH OF PROMISE TRIAL.
SECOND DAY,


Sebastian Miller. Martin Spellman, John Roy, David
Clsrksop, Fred. Albright, Thomas X. Pulls.
MIR. VIM. Homes then opened the case for the PLAIN
tiff, by general review Of the facts expected 10 Do
proved. He spoke for three hours as follows;
NATURE or THE sUIT-DIFFlcuLrIEs sURRoUSDSd
THE PLAINTIFF.
Fife c. CarstaDg, the plan tin, with her counsel,
comes here 10 prove this contract and the breach OF IT,
and 10 ask of this Jury such damages she may prove
abe ia entitled TO under all the circumstances Of the
CAGE She alleges that she has suffered an injury and
a wrong-hat which the law and society unite 10 pro-
nounce wrong, aud one, too Of grave character;
that same law and society agreeing also, IN Sylpg
that the party guilty of the wrong must be held to his
proper responsibility for it. IL IS true that wrongs
growing out of transactions OF altogether different
character mostly occupy the attention and the Tune OF
the civil tribunals But STILL it ID also true, that the
law IL silent observer Of the contracts entered INTO
by men and women In reference 10 marraige although
such contracts may seem TO be OF such peculiarly
personal and private character that but the par
ties TO them can be possessed OF any proof OF ine on
enough for shape 10 be given them before the Court
and Juries who try the nights of the members OF 30
Getty.
DELIcAcY or BREACH on PROMISE CASES.
woman suffering under the disappointment and
NORTH cation and outage attending the breach OF
contra ct of marriage, has the alternative OF submitting
to IL in silence-nohng deprive her OF that refuge,
If it be her choice. In the retlracy OF her evening,
and in the recesses of her heart, she may bury her
sepse of wrong making coniidant OF no one-reveal-
ing to none the wound che has received but assuming
that exterior guise Of Indifference or pride women
know well how 10 put on when the heart within IL
In tumut and tempest with contending emotions OF
resertful grief and mortified PRIDE and bhghted expec
ation and hope. admit the plaintiff had this altema
tive in the hour hen this defendant flung her on And
am willing further to admit for the benefit OF coun
sci for the defendant that most women In Ike cream
stances would choose this alternative In preference 70
apy other Under the suggestions Of timidity and
doubt and aversion TO the publicity TO which such
trials expose woman, with all the pIivaces OF her
heart and her life, probably the large majority ci those
who have been injured the plainLf has been would
choose the last alternative have mentioned. Inc
counsels for the defendant may make the most they
can out of the admission But it is TO be added that
of those who have been the victims OF such INJURIES
| and who 70 unredressed, there many who would
geek redress in the Courts if they dared-f they had
| the nerve and the resolution.
| MoyEy.vALUE OF woMAss WRONGS.
II was recently remarked by his Honor Jadge Breese
of the Supreme Court Of Illinois, in an opinion upon
case carried up to that Court case involving breach
of contract of marriage, that contract TO marry
rich man was more valuable than contract TO marry
| a poor man. and as a consequence, larger damages
would be due for breach OF contract OF marriage ny
man in sfuent circumstances than by one OF Limited
means Although may be true that you canno' tel
how much the full and undivided love OF woman 10
worth in money since is priceless or what IN dollars
"a the value Of her unreserved confidence and devo'
ton, freely gwen TO the man who vows TO marry heri
and though you cannot give IN pounds and ounces
measure by dollars and cents the paDgs Of dsappont-
ment and the agony of hope bighted, any more than
you can tell in dollars the precise damage suffered by
sander yet the paDgs and the agony, ana tns pnght
are a reality, positive and substantial wrong, and
must be paid for.
MARRIAGE PROMISES USUALLY PRIVATE.
In reference TO promise to marry 1t must be re-
membered that such promises are rarely made In the
presence of witnesses. They are generally made in
private solitary walk, or ride, OF In the se-
clusion of some room, if made at party or social
gathering, they whispered into the Wiling ear,
with nothing but the tetsie flush OF the countenance
and the downcast eye raise the suspicion IN the mind
of an Observer that the sweet and tender words OF
love are flowing into listening and responsive heart
woman is authorized to accept certain actions as
solicitation 10 marriage. So, though men might say
al never made such promise as Is alleged, INC
answer is direct and pertinent; but you acted the
promse every look of and tone Of y9ns voice
expire seed preference for that woman your frequent
and solitary visits indicated your choice OF her society
before that ofothers your gsO her were significant OF
an aeconate interest in herr your months OF assiduous
attentions TO her created In her mind the thought that
your happiness was greater in her society than that Of
any other woman; your devotion 10 her was cScElat.
cd to win her confidence, AID her gratitude, ana her
love- persuade her TO center in you all her fondes
hopes and most precious expectations your appropra-
ton of her 50 Yourself adm onished others that the
field was preocoaHed and satisfied observers that there
was no room for a nva you led others, by your eyi-
dent partially for and interest In her, which warrant
ed her in the exhibition of undisguissd preference
for you and pleased acceptance of your manifold At
tentons TO couple your name with hers as her plight
ed lover and made you and her the subject Of remark
in the neghbohood and made current the rumor that
you and she were soon 70 We'd"
HOW THE CoURTsHIP CohMEscED-sUsPlcioss
AROUSED.
The evidence will probably satisfy you that about
four yearssince the confines OF the years 1879 and
1856 the acquaintance Of the plaintiff with the defon
dant commenced. We may not be able to show you
the precise day nor manner in which it commenced,
for would be very difficult for you OF any one 10 Tx
the date at which your acquaintance commenced with
the various individuals you know
After the commencement of the acquaintance, the
evidence will show that the visits of the defendant to
the house of the plaintiff were treQnent in number and
that when calling there he sought exclusively the
society OF the plaintiff.
The evidence will show you that the frequency of
these visits noticed by sister Of the plaintiff The
defendant was known by reputation 10 both of the sis
ters as man Of large wealth, and somewhat conspic
uous in the community by reason Of the luxurious
roundings amid which he hvod, and such as large
wealth only can command. The visits OF such a man
could not well have appeared 10 the plaintiff or her
sister as mere unprecedented calls, ordinary and mean
Dgless.
The plaintiff go far needed the suggestion of her
sster that when the defendant called the next time
his visit was declined and he left the house, leaving,
however, boquet of flowers for the plaintiff, which
be had brought with the intention OF pres enng per-
sopaly 10 the plaintiff thus displaying amiable spirit
under what would have regarded as an oiien
siye slight That he did not regard 1t as rebuff
shown by his calling again soon after TO see the plain
tiff and then learned why his previous visit had been
declined and of the circumstances of the sister of tho
plaintiff upon the improperly OF receiving his visits 80
frequently, inasmueh as 1t would be presumptuous IN
them to suppose that his visits were 30 atteng az 10
mean marriage and their poeition and his 80 diff
ferent that she should be exposed 10 remark il he
visited her often. lie then took occasonto explain
his intentions removing all cs4se OF anxiety by avow
ing frankly that he had pursued his vsits thus essdu
ously with perfectly honorable ntenton because Of
n tba will "a tn