The New York herald., 1867-11-20

DO carried ON according 10 the pyoysions Of the nteFna
sni NO witness exam ned. sns furhss hearing Va, u
jouTnsd % tins morning.
SUPERIOR cuuaI-TaiAl TEsn-PARr Z
An Interesting Breach Or Promise Cnsc-
Lady Receivers -, 500 Damages.
Before Judge NcCunn
Ss'dn CbssSiS - Daniel W. 1sry.-Th,s q
action brousns for the recovery damages the
OF $4,000 for breach Of promise or marrisga Thu
palnsin s decidedly preposssssng lady Of about thirty
years Of age widow, and 10 mairon Of Bellevue Hos
pal The defendant IL about thiry-nvs years Of age
and q present engaged tho hat and fur trade in hI
city. being brother Of the Broadway nrm OF the
name. The parties became acquainted IN tho fall oi
1885 through the fact that "A intimate fisnd OF ne
parent q the hospita and Terry the habit Of
visiting him lhs acqsaintancs between the par
lies . the suit npsnsA into Intimacy, and resulted
subsequently an engagement Of marriage, from which
on the 10th Of November 1885, the defendant sought
was substantially the tenor Of the compliant The de-
ienaant answered the complaint ~ denial o. every
allegation therein contained.
failed 70 put 10 an appearsnce The action was then
fully reported In tho HHrAID The testimony FOR the
sy tue cosrs 10 asssss The pisnss damage, but the
jury DISAGREED upon the amount 70 which the plaintiff
was ertitisd, and was discharged
The evidences FOR the plaintiff the present trial
to the effect that tho parties became acquainted above
stated and that the defendant continued ior some time
the engagement Of marriage was silscssd .Sas Mr.
Terry esc0rted plaintiff u church frequently, and
Wa apparently sincere in his attachment: that in No
venDsf last 90 requested Mrs Corwn 10 release nm
from the snxagensn the ground that be already
engaged u two other ladies', TO- one or whom he bad
The Tlaintif's sister testified that occasion The
plaintiff alluded to the loss Of collar
tns time. remarked, "never mind, Susie, dear, You
sha have collar and pockctbook, and rib and
VIII bs all ~ your Tina, on another occasion witness,
In his presence, made . remark reference change
spe was about to make her boarding place. and that
defendant made use Of language to the effect that
paintin and himself were keeping house sister Helen
woad not be troubled about finding suitable boarding
house.
Testimony vas Also introduced 10 show that the de-
feudant Dad stated 20 plaintiff that he partner
bu ness with his brother; that the profits Of the nrm
wsrear and sas ne also possssseda farm In Albany
county. r 4fs
A servant In the employ sf Mn Corwn testified that
upon understanding that tbs parties this
another situation bss was prevented frum SO doine By
the nct that defe0dent stated that Mrs Corwn could
resain her as they would require domestic attend
II was Also shown that the formcr husband OF plaintiff
was officer IN New York cavalry regiment during
Valley. during Shsridan's campaign In that region
1854; ths. the young man Schoonmaker died shortly
ton and care was bestowed upon him by the psanti y
Tho following letters were introduced BY plaiatiA y
show she intimacy o the relation which had existed be-
600 skoADwAY, NEW Yosx March q lesa
.ra x s r Sa .OSs y s.ssr S..ss .
IN. evening sg5se.0ls % you Please inform me y .hs
'fs o.4s @ ever supss.: Nj igr
. u Il
Laugh LA and play, an and M tslk and s'ns,
Dss Il
spss.:ss you ds for is v' maze \: rssss sssc
1ss's ~ sIs ssshS T. si s'es = " iksax.
=. 90 lsoADwAr. Nsw Yonz. OF. Z
Gear @ asoss { . ss.s ss y the
oaa s. =. svnsa from sailing ysy =
Upon the close Of shs pla,ntis case the dssssdant
called tbs nrs wsusss for the defence und
ned that eugagemsnt that CLAIMED by pian-
th had esor existcd that ho had explicitly informed
her when they nrst became intimate that he
marrying man. not being in . position maintain
vie IN csmior that IL was agreed thar they should be
upon such terms only might between bscsber
and sister, and lester produced which hAd .Soen
written By pa'nsia and to which detendanss Of
August 10 = response, In which hrn Corwin al
dressed him My Dear Brothern and alser making In
quiry respecting cold from winch sunsring %
pressed hope that he was better, ard, inviting
Sister. susan" me report which "washinstsn''
treatment witch young schoonmaker had received
while sick o. the hospitak Il was rumored
0ed on the wtness stand that hs wished this rumor 10
be c0rrscted BY 'sWAahingtou" when he retugnsd 70
Albany county, whore sch0ohmakers friends resided,
everything that the kndes attention the part of TIE
plaintiff could en,ct WAS dens by her 70 insure Mr.
Scoonmakors recovery, that such conversations
the plaintiffs SISTER had related had not occurred:
although he had promised 70 the fur collar which
haa been lost BY another The set . compiee
se<, and that II anything sxid aboat flturo
Housekeeping aTangementsn was saA In joking wny,
many sucn things were sometimes said.
Several Witnesses wsrc called the defendant with
view proving that hS condition pscuniary
contemplate MARRIAGE; that he In receipt oi
saary Of 900 per years that hs did mot own fa1 ID
Albany couaty. 10 ftA tFt " 4 4
Al ihs u The evidence The cass w. summed up
BY counsel u great leugth each of whom
Of the argument sought 10 enigben the jury apon tns
possibility OF the existence Of pkatsuic affection. and
the probability Of young widow and widower main
aning FOR any length Of time relation or that peculiar
character without failing into y ardens and
ally agreeable though necessarily human state q 30
pnquity.
the ccat charged the jury substantially that Il wss
question for their consideration snd deiernai natou
whether upon evidence they found that contrsct
OF marriage had existed between the pArtss that II
such contracs had existed the plautin enti,led
recover but n NO sucn agreement had boen satsiac-
tory prvven they should render for the a.
fcndant In assessing damages, however. thsy lound
piantn shey should take ato consideration
pecuosry position and award damages sccordingiy.
Toe Jury afler retIrsmcnt Of about osy
dcreg verAcs tor plaintiff In of ~ 500. Eer
plaintiff Cnauncey Shansr. AZ sns defsndaat whis-
beck and WAnosll