The New York herald., 1867-05-15
THE CASE OF THE snIPBUILDER AND WIDOW.

THE CASE OF THE sHIPBUILDER AND WIDOW.
SPECIAL CORRESPONDENCE OF THE HERALD.
Breach of Promise in High Life-Suit Against
Wealthy Shipbuiider In Boston-A Claim of
$4,000 for Disappointed LOve-The De-
fendant Formerly Boston Aiderman-Ex-
Governor Andrew one of the Counsel-ln-
teresting Stories Both Sides. &c.
BosroN, May IL, 1867.
There has been plentiful supply Of interesting
scandal and eager curiosity here during the week.
the proaress Of breach Of promise n the Supreme
Judicial Court. The parties implicated well known
and of high standing in the community especially the
defendant In the case, Mr. Daniel d. Kelly, wealthy
East Boston shipbuider, and formerly Alderman
from the Island ward. The plaintiff in the suit is Mrs
Belinda B. Ellms widow about thirty eight years Of
age and well and favoraby known in the community in
WI ch she has lived. She claims $4,000 compopsa-
ton for disappointed love and blghted affection, and
has entrusted her in the hands Of s. J. Thomas and
E. D. sohier Mr.. Kelly denies any breach OF PROMISE
and OF course objects to the payment Of any such sum-
and the claim against him opposed in by counsel
in the person Of Ex-Governor Andrew aud Cottrel
Breach Of promise not fashionable here and
the Injured party must have passing prima dcic
before the public will favorably view 1t proper de-
cent TO bring before them Not every daughter OF Eve
who receives . visit or two from rollicking Adam
can look upon him in quasi martial relation. Not
every case OF eyevicwng. oging impression upon the
sensibties be brought before Jury therefore par
ties have to be respectable themselves upon tho
Of strong counsel before they be heard with
degree OF success But parties have a going
which possess the genuine qualification OF
genuine sensation. The plaintiff makes very pretty
appearance court dressed fashionable black thin
hlaek veil her faca- lin ttv
with most decisive make up Of features She has thus
far paid the closest attention TO the running of the tes
mony, bending aud frequently consulting her
sci The defendant sits by her with most unadcr.
manic make upa thin, astutc, ernning face, lips cut.
ting sharp into another, and looking tho case
with all the assurance Of innocence. He would
make a dangerous fight in political struggle or in
case like this
Tho plaintiffs declaration Is as follows:-
Commonwealth Of Mawachuse1s SugIk, g. Supreme
Couyt, Jsiy 1885, Belinda y. Films Danie' u. Kelly
dctisn Of coHfrdc. the plaintiff says that she
other and she has always been ready to marry the de-
promise. BELINDA B. ELLMs.
BY hor attorneys Cottreli Bennett
Annexed Is the defendants answer
Suffolk, s.-Supreme Judicial Court Ocober Term
1866, Epms Keuy.-Aud tho defendant comes
and denies that the plaintiff and himself ever mutually
agreed TO marry each other, and denies that he
promised 10 marry the paintih and lenies that the
plaintiff has always been ready TO marry him and AYERS
further, that II any such promises were ever made,
which he doth not admit but denies, then tina, the
plaintiff and himself mutually released each other there
from, and, further answering, says that during the
under any promise TO marry she under promise
marry another man BY hs attorney, n,,, -
Another paper states that the plaintiff claims damages
In the sum Of $4,000
Mr. Cottrell opened tho case for the plaintiff com.
menting upon the respectabily Of his client reviewing
the history OF the In BRIEF and stating generally the
facts upon which the plaintiff based her claim As
these will appear fully in the evidence postpone
mention thereof at present.
Mrs. Ellms plaintiff, lrst called. She tsstncd:-
Am thirty i've years OF age; live in East Boston, was
married TO A g. Films and lived with him seven years
before he died; he q shipbuiider; know Daniel
D. Kelly; his house is within sight OF mine; became
acquainted with HIM shortly after my husband died. t
through matter Of business and have since CON-
mnnlcsted with him through matters OF business in
buying house; this thirteen years ago, and have
resided 10 tina, house sncc recoileci Mrs KcIys
called 70 see me on the 2sth OF September;
y was early In the evening and he remained
during Ss,ms.r ss' evening" 70 called after .s.,
and have been such for about thirteen years. Kelys
visits were quite frequent the first call hc made no
spoke OF the loss Of hts wife and seemed TO feel very bad
In October think hc called At my house In Chelsea and
proposed that should to my house in Eas. Bos-
Of children expressed his affection for me- and said he
didn't know OF any woman whom he would rather have
shortly afterwards be called and brought two rings ask
ing me which ! preferred; coming again he brough.
back marked tho ring had chosen. witness produced
the ring which marked "Dan 10 Bel" the inside
II was given TO me before moved from Chelsea 70 East
Boston; expressed doubt Of my ability 10 fulfil the
position and discharge the responsibilities Of mother
10 the children, bu, he urged me, and srer / had
accepted he requested that should not circulate very
extensively the report; after that he called frequently
In m AZ A md frxxxx. hle
ONCE; these visits he continued for two months; think
he was at that time In kind Of business as Alton
ing on Indy In Alton named Barton; he denied this
sad was told me 10 inure my feelings and not 70 bc.
and one day, meeting him. asked him why he didn't
call and he said that believed false reports about him.
ng s S an ss fOsa place more
Kelly was going, and would write: went IN May and
rsturned 10 June visited Mrs Hannah whitman Il, New
told him had received letter from him. and Also
spoke about the Barton lady, the conversation was an
bad Sss" Il s% Ha sSss
wards about the time his daughter married. was
IN oc,oess isss ,Od him nj, ~s' .s d.,lsaea Win him
Alton and learned from her that he and she were en-
gagged; spoke quite harshly; he tod me be aid not
ana Malignant ana ssid be had osce msdo up his mind
never 70 spesk y me sgAin b ehidsd me for having
s s ss and . !. sS s.s.s s ssss ~
ssI hon any one sScsps himself ssr he learned hs.
ho1 pesn the Alton lady, and be had offered bis assist
ancs. he asked me what proposed to do and told
him proposed 10 remain where then was; that was
tbs issl inssrvew had with him. he has since
married ntss Barton, OF Alton, and they have lived q
he house In kass Boston sncs March, 1865; had been
ready al The time 70 marry him; q ths time of the
ensasemsnt be called ~ my house and brought two
pieces Of cotton and two SILK drses; the cotton was
bessnsd u lass pieces and Of nice quality; he alss
gave me about 500 money he told me nos 70 have any
thing further 70 DO with any drsssmakns; in conveSya-
tea with hr Kelly he told HE late wife rsQssstsd