The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1867-11-18

Two sisters tho father and three other rela-
tiyes of the plaintiff, were then caileu anu eA-
amined, but their testiioy We az 20 III
lative, all teDd'hS W ~
p Enur of defendants letters to the plaintiff
were then read to the jury, three of them mere
~ making appointments to call upon plaintiff |
and the fourth acknowledging that he had
not always acted the part of a gentleman to-
wards the plaintiff, and expressing his sorrow
for the same, Two very aifectionate letters
were then read, Containing the offers of mar
rage from other parties, referred to by plaintiff.
This closed the testimony last evening. and
the court adjourned at a quarter before six
O'Clock. fn
The plaintiffs evidence was resumed this
morning with deposition and a witness sim
ply Lending to strengthen the paintIn tes'i-
nony. .e,-..,.
The plaintiff then introduced evidence feia-
tive to the property OF the detendant' showing |
that he was worth from S23ooo 70 9oo,ooo. al
ter the examination OF SW% hor d NJ
vs. - ne opening address for the defend.
mt He said that this was only an ordinary
ease of civil contract, and in order to establish
its existence. both parties must be Shown TO 4
have entered into it fully. A contract of this
kind differs from others III two respects; it
cannot be enforced, and IL cannot be inferred,
but it must be proved. The defence would
show that no promise TO marry was ever made,
and that defendant never showed plaintiff any
Mrs. Donnell, the first witness for defence,
was a servant OF Mr.. McGowan, at the Gardi-
her Hotel in 1858, when defendant boarded
there. She testified thas Miss Lawrence had
visited there at that time, and had converse
ton with witness about Mr.. Cooke; said she
was going to know whether she was to be en-
gagged to him or not; next day volunteered to
tell witness that he had been there the evening
before, aud told her that he never thought OF
marrying her. On cross-examination, Mrs.
hn II n n MAJ ar
tention to Miss iLawrences conversation,
though she remembered that she was feeling
very badly ane expressed herself as very IN
dignant tlpu.
% Mr. yooxee. the defendant, then took the
stand. have known Miss Lawrence for eigh-
teen years; in 1855 Went 10 call on her at her
fathers, perhaps once fortnight; continued
this for four or five months; L did not go as
often after that; ] went occasionally there I'M
til the Spring OF 1865; i generally met the sis
ters when | called there; during this time Miss
Lawrence called at my store often; / did not
request her to call; iii the latter half of the
Summer oil 1858 she told me she would like to
sec me at the Gardiner Hotel; l went there
and met her IN the ladies' pall0r; after talking
with her short time she asked me what my
intentions were; asked her what she meant;
She said do you intend TO marry me-; re-
Piled did not; l never thought of it; was
not marrying man; after that L called on her
occasionally ut her house and at Mrs. Jewett's;
L don't think L called on her more Than three
times while she was at the College; at the
Gardiner Hotel T. called on her frequently;
Soarded at the hotel some three oti6Iltts; she
visited there part of that time; lEsYeieaildd on
her at Mrs. Lambard's; also called .Qp bther
young ladies visiting there; called on plain
tiff several times when she was in Boston;
during her absence there was no correspond
ence; never 1aade her presents of any ac-
count; | never told Miss Lawrence did not
ike to make ladies presents because in case of
trouble they would be returned; was not in
the habit Of, spending my Sabbath evenings at
the house of Miss Lawrence; WA, in the
habit during these years Of attending parties
and balls: was not in the habit of going with
any sparti ones; have gone with other
ladies, when Miss Lawrence was present;
never had a conversation with plaintiff in rel
erenee 10 offers of marriage by letters aud did
not know she ever received them until yestef-
day; knew Mr.. Murphy; he enlisted in the
army; Miss lawrence asked me one eveningit
. J knew what Murphy called on her for; told
herd did not; she said he wanted to engage
to her, but she would not marry him if
there was not another, man in the world; this
was in 1856; i never asked her to be my wife
ana never proposed to her; i don't reeollect of
going with her in 1855 from Mrs. Lambard's to
Mrs. McGowanIs; sometimes We got out with
each other; there was never any such CONVEX
sation as Size testifies to as regards my loving
her better than any one living, and that we
loved each other; we never had any conyersa-
ton With each other in regard to marriage;
plaintiff never made any complaint to me with
regard to my association with Miss II ID tkins;
reeolleet of taking Miss Hodgkips TO a dance
at Togus; Miss Lawrence, was there; Miss
Lawrence BIAS been at my fathers house sever
al TIMES; ether young Hides have done the
same; Bnever entered into any such promise
rs that OF marrying Miss Lawrence within four
years; never made such promise, as that in
March, 1883, o. any other time: J never held
myself out or repreSe uted myself to her pa
rents or any member OF her family as engaged
to Miss Lawrence; never SO represented my
self to my own family; she0never alluded to
any time, place or occasion OF engagement be
tween us; was never received by any mem
Der of the family as sutton; j never bad any
conversation with her father; never visited
her in Boston while visiting at Mrs Palfrey's
Cross exainined.-I was thirty-eight years
old last uae I had no particular Intention
when Isemamenced to visit Miss Lawrence in
1866 with Mr.. yewett; for five months did
not visit her ofteher than once 4 fortnight.
usually went Sunday evening; staid until 10
iior IL O'Clock; Mr.. ljewett went TO cali on
Laura; did not go TO call on either of them
particularly; { don't know why L did not nav
as much attention to Lanra as did to plain
tn; L don't remember whether J went to ride
With Laura OF not; don't remember whether +
went to ride with plaintiff; L don't know that
Mr.. Jewett took Laura to ride; Miss Lawrence
+ and myself may have been left alone there. on
different occasions; visited Miss Williamson
the same way during The ten wears from 1855
TO 1855; called on het'a great portion of the
of sitting up with her alone from 10 to IL
O'Clock; Sometimes saw her with the family
aud sometimes alone; my calls on her were
the same as 7 usually make upon any lady;
have invited Miss Lawrence to cali at my
store ;5can'tts;,y how often; she has been home
toidinner with me once or twice; / don't know
that ever invited her to visit my house or my
iaother;;aI know of her being there several
times spending the day and night while nv
mother was living; She has been there and
spent the night two or three times since my
mothers DEATH 4 have taken to dances Miss
J Williamson, Miss Cooper, Miss Hodgkins and
Miss Swami; i took Miss Swami to Gov.
ACbamberlain's reception; [ took her to a hall
at Lancaster Hall, in Portland; met her at
Mrs. Hobbs; took Miss Hodekns to a dance
atTogus in 1861: she was til an at Mrs Lam
bard's; I don't know that | wrote to her TO
come; there was never anything said between
Miss Lawrence and myself infregard to that
occurrence; Miss Lawrence was at the dance;
] don knew where next saw her after that
don't remember of visiting her at her faith
er's house soon after and she asked an expla-
nation; remember of being with Miss Law
'fenee once aftefl at iTosas; don't remember
that's she was dressed in white; I have been in
the habittof going with Miss Williamson for
the last ten or twelve years; went to Halo
'weliswitli her once; went to Toeus with her;
don't know where Miss Lawrence was at that
time; u had had no interest or purpose in
meeting Miss Lawrence but 10 make n call: 4
mhenol called on her at the Gardiner Hotel; II |
called on herln the ladies' parloT; don't Rec
ollect whether even Rad the private parlor or
not; [ did not see any other person when j
visited her at the Gardiner Hotel; it was not /
always so when i visited her at Mrs. Lam
bards; it was not Mrs. Lambards custom to
leave us alone; She did about half the time i
suppose she did it beeause'she wanted to re-
tire; think Imight have given her aeard re-
ceHer; 1 don't, remember the bet with Mr.
Jewett; never told him that I should not get
nialased until my mother died, and then / |
should marry Miss Lawrence; Il did not CON
tinue my visits to plaintiff at the Gardiner
Hotel after, the Interview in 1858; never
found fault with Miss Lawrence for dressing
in costume;l never told Mrs. yLambard / |
would not speak with. plaintiff she looked so,
Direct examination resumed. / invited
other young ladies to cab at my store; kept |
toilet articles for sale; it is common thing |
for. ladies to visit my store. ~ -e n lt'A -
> Court adjourned to IL o'clock Monday morn
ihg' ,'iotiIa slia3go l1I nj damon
" ,v5dfDl ~ Tn!GuongN IIE E1IIafioe
IL, BOston g. Maine Railroad.
n MR. -EDIgoR, + noticed an article on ''the
lElasternlRailroad lin your paper Friday, which
i think is calculated to give g wrong impress
sion to the pubic. .3osidna ani1.gls31i stdi lp
.. The article IN question would seem toimply, |
that the community isfiudebted, for the norm
ing train from this city and the evening train |
tom lat.