The New York herald., 1867-05-15

call bis wife mother 1t understood that we we're to
go 10 Europe when we married.
Crossexamlned u never went Mound since COM
mencet this case to ind where lhs ring made;
10 East Boston; do thai Mr. Kelly visited me IN
East Boston, at all OF the my pres
latter part OF October 1885, wrote 10 him in March for
money. IA letter directed TO Mr. Kelly and dated in
january was shown to the witness, who doubted the
signature, and could not swear II her writingI
never received an 10 that letter; bought sew
Ing machine on mortgage Of IL; think made three pay
September, 1865; wrote to Mr. Kelly for money TO
pay the instalments on the machine swear did not
second letter. directed to Mrs Merrill was shown the
witness who said It was written at her dctaon by Mss
Clara Chase The letter she said she did not sign IA
witness. who recognized the handwriting as hers
Ins second letter refers M e n as,rs & presence
tain matter which occurred while she was living at
witnesses house. Witness testified that Mrs Merrill was
defendants
The witness was asked TO compare the first letter,
which she denied writing with the third letter which, sna
recognized as her handwriting, and upon doing so t
fed that she thought the handwriting looked alike but
she did not think she wrote the nrs letter for sae
March, Mr.. Kelly gave me dress pattern
and two pieces Of cotton ciolh; think there
who're he got them; no asked me how many yards
wanted no one but myself was present when be gave
mche dress patterns; did not ask the cotton came
from; did not ask about the price; think was bought
in December 1884; It was Bates cotton did not know
Of Mr. Kslys marriage until March, 1905; heard it re-
gagged In March, 1885, In October 1894 he bought Two
rings day or two after he bought the ring vito an IN
scription II from September 70 October, 1854, he
called often he always walked over TO Chelsea; the time
he gave me the cotton he gave me the slooi don't
make dresses whiie there; my health was not good;
guess did earn about $50 while was there; was
reason l went back to East Boston because Mr
Kelly advised TO do so; Mrs Whitcher was present
when h has bss% a. s a. Y aVa house Sue went
away to st Paul after brought this suit.
Rcexamination-I wrote that letter to Mrs Merrill
thinking she might be evidence for me In this suit
did write letter TO Dir. Kelly requesting loan OF
500 to pay what owed on my sewing machine; told
letter to Mr. Kelly after wrote the letter requesting
the loan, and after received the letter from Mr.
Kelly
The deposition OF Eliza whtcher, VINO resides in St
Paul. Mimi, read. BY it appears that in 1854 65
she resided In East Boston and sister OF the piant
winter of 1s645 after my sisters houseio wait upon
her and to carry her to Chelsea defendant during that
n pc 70 me aooo. ns w.a ~ my
said he loved my sister and intended to marry her, they
met at my house several tmes first called in October.
1864 about noon and left note for my sister stating
that he would call and carry her to Chelsea several
occasions Mr. Kelly asked my sister how she was get
ting along with her preparations for marriage and with
her sewing he also left several occasions ettors
directed to my sister, and verbal messages my sister
during the time question did not to my knowledge,
receive the attention Of any other man than Mr.
Kelly; in the habit Of visiting my sister;
during the summer OF 1865 l think was there
as often twice week; ! never
met any other gentleman visitor tnere than the deen
dant he gave my sister nice dress paesn two pieces
OF cotton cloth and engagement ring, in which WINS
engraved Dan to Bet; he also asked me II had
the engagement ring aud also spoke Of tue engagement
saying he should be very happy with Bel after they
were married; the defendant gave my sister $50
In September. 1906
the house OF Mrs. Films, my sister, in September,
1864; saw the defendant there; tn nix was there two
here when he brought in the dress patterns he sd
'sHere, Bel some patterns which do you kes" he
said he thought they would make up pretty into travel
ling dresses he spoke OF his intended marriage with
her. and said he bad doubt but that they should get
along well; saw the engagement ring, but never spoke
to Mr. X. about IL; heard him ask her hos she get
ting along with her sewing think shc engaged in
making up the cloth given 70 her by Mr Kelly
Mrs Films recalled, when she testified That
about the tune engaged myself to him my house he
stated think, that he worth about $50 900 In ves
sci. and real ssss no might s.1S have svsn
going sell his real estate and invest in vessels.
Cross-examined-The convcr.atons we had when we
engaged cannot reeollect; the third conversation
had he gave tho ring with the inscription; have
known Mr. Kelly for some fourteen years; never
visited Mrs. Kelly; went ~ the same church: not
acquainted with his dasghtcr have had letters from
Mr. Kelly since his wlte died; perhaps two or three;
don't know that have said had thirty.
Az this stage of the trial the plaintiff rested her case,
and the delence commenced.
Mr. s. Thomas opened tho case for the defence, set
ting forth in his argument that he would show that
there never existed any promise OF marriage.
Daniel d. Kelly. the defendant, first called. He
said IL reside In East Boston lived there thirteen
years; married about fourteen years 70 my hrst
wife, she died tho TIN OF seplember 1864; knew the
plaintiff. aud known her for eighteen years, and
knew her husband he was in my enpoy; he died four
teen fifteen years ago; she called upon me soon after
ths death Of her husband and asked tor advice gave
it her and gave her assistance when my wife died
she lived in Chelsea; her short time before my
wife died; Chelsea her, sen, note
70 for assistance; went there about eight o'clock
the evening, aud other parties present. the only
way can fix the date 10 because never pay away
mn nal ing n m m q
l paid her some $40, and never called upon
her after this, and never was in Chelsea after
wards until last fall and then not 10 her; shortly
after the death OF my wife received very kind note
from her, mpahizng with aud requesting mo 70 call
aud herr answered the notc enclosing $50 70 nc,
telling her think, that thought nigh, her
time other; on the Goth day OF November 1861, her
sister, Mrs. Whitcher called and stated that her
desired me; have had
sauon with Mrs. Whtsher about her sister, tho plaintiff
lirs Whtcher testified that defendant called upon her
sister often carried her to Chelsea &C. stated to Mrs
Whtcner that her sister aware that should never
visit her home aSain; asked what she wanted
was going TO be married. she did not expect me TO
marry her, but she did not want me marry ono
else; told her that would call and her II ne
would be at Mrs. Whitchers that evening; called
and she stated 10 me just what her sstOr had stated
told her that II wanted to marry should not
suit her any else; told Mira Evans that IL
useless ~ talk on tho subject; gave Ars Ellms $40
and lett the house, next time heard from Mrs Eias
was by note; think Il was about February 10, 1885,
she requested some monsy sent her SIS; those noes
from her destroyed: The next heard from her was
sec her; did not wish TO deny her money, 90
i sent by messenger . note and some money;
sent verbal message by the messenger the contents Of
the note refusal 10 call and her; the follow
ing Saturday Mrs Films came 10 my Office for the hrst
time for thirteen years. when she In she closed the
door and seemed excted asked her her business and
she stated 10 me- after collecting herself somewhat that
she understood was paying attention 70 lady by the
Of Barton; told her knew no such person, bat
knew lady BY the name Of Barker, ana told her that
was her business the sooner she away the better
she went away much excited sunday morning following
Mra Nhitchcr came TO my house, and she told me that
her sister wanted 10 see much she said her ss
ter had beon sick and had poisoned herself asked her
II she had sent for DOCTOR she said no. tasn told her
she needed doctor and not me; hst the last talk
had with Mira Whitcher; few days after met Mn.
Ellms on the street; she did not look 70 me
AZ II she had boen very badly poisoned sick; sne
stopped me, and talked to very harsnly; heaped gen
era abuse upon me shs told me that II she h.d pistol
shs would like to shoot me; told her II had one would
lend her II; this was tho last time talked her until
short time before