The New York herald., 1869-03-09
SINGULAR BREACH or PROMISE CASE.
African Blood No Defence-Heavy Damages.
[From the Chicago Tribune March 81

African Blood No Defence-Heavy Damages.
[From the Chicago Tribune March 81
There was YESTERDAY brought 70 close, q toe
suits for damages for alleged breach 9! promise
ever this state. The peculiar points In the
larry gushing style OF the gar old boys smatory
epistoatory euslons the strange character or. the
damages damage I adjudgea. The crcumstanocs Of the case
The plaintiff in the case IL Miss Mary Ferguson,
miliineroTtwenty-sIx summers, doinabusness In tho
village OF Springb0ro, In the northern part OF the
county. Mary, seems, was boarding IN house IN
Armstrong Bradshaw for the purpose OF getting his
daily bread when the two were thrown together.
THIS throwing was rather too mach for the old chap
who stra,ghtway became most ridiculously spoony,
permitted his young affections 10 be gobbied (he Is
Of Se
brunette investing the result has pr0vedl to tho
extent OF $4,000 In matrimonial promises.
The next peculiar feature VI the aair s, that the
doctor Is charged with making the same promise Of
marriage not less than three times and LII each In
miiner's heart TO the extent Or $4,000 According
to the testimony Sthe several promises were made IN
tne yeais az te vane or ce o. s o
year and according to that OF the jury al So 333 So
The defendant Is an Irisnlnan by birth, AID Is now
forty seven years OF age, thrythree years OF which
have been spent In this country. Shortly after MS
arrival in America he went INTO the fanny OF q
ability gave him the means OF obtaining good
education.
QI11u1tlnR Uc5t
leges in the State Of New York lie went 10 Colum-
bla In British America, where he resided Tor long
time, and by the practice OF his profession accamu-
lated considerable property, he being worth ~ the
present time about So, 900 He claims to be direct
Descendants or Bradshaw, the English regicide, ana
Is very proud OF his gentle blood.
In personal appearance he Is not very prcposscss-
ting, being below the medium stature and having
KIND q r hs m be sae s sres
read 70 prove the existence of an engagement be-
tween the parties.
passion the part o. the mature disciple OF -rscu-
iapius decidedly refreshing, and also proved bsyond
- aou ,ne ~ ,bern coota M e esr 70
postpone its fulment against the wlsn OF ms loving
miIlner, VINO evidently desired an cary consaina-
ton. These letters were written IN 1866. While MSS
Mary was spending few months at Hcrmi9towns
village but few miles from sprinsboro. Mary IL
seems from the first rather suspected her aged and
enthusiastic lover OF an attempt 10 seduce ner un-
der promise OF marriage, and with view to clrcnn-
venting the old chap, steadily refused his advances
ana carefully preserved all documents for use.
Ibe doctor having on these several occasols re-
o a,orneTs ~ and Instituted sa Tor DAMAGE wnen
her devoted lover set up In defence that sne was OF
African descent and for that reason he could not,
under the laws Of 0hio legally wed her. TINS was
met by demurrer the ground that the law OF 1861.
forbiddng the union OF a white person with QUO
having q distinct admixture OF African bIUol, was
superseded by the fourteenth amendment 10 the con-
stution OF the United States. or II not by that by
The demurrer was not sustained by the Court.
however, and tho case was sent TO the jury on its
merits.
The question Of the purity OF Marys blood was she
most interesting that came up on the trial.
Is was shown that Mary had lived until nine or ten
years OF age with woman known az Betsey FeIgu
son 0s her child and Betsy, II was shown. was
little lighter than mulatto Shadrlcx Ferguson AMI
Pete Ferguson two mulattocs testified that Mary was
their niece the daughter OF their sister Betsy, ami
that Mary was born on the kanawna river, IN
Virginia, and that white man named william
Harvey was said to be her fnfher. Betsy ferruson
was living at the time at the house OF her latner be-
ing IN unmarried woman. Tho Ferguson family,
they say, came from Virginia 20 springooro wnle
Mary was nursing child at the breast OF Betsey.
They were with the family, and never heard any one
question the matter Of her being the child Of their
nlster.
have attended Mary medically, and that ~ they saw
her sick in bed-not appearing as she does IN th3
couft room-she exhibited undoubted marks OF
African admlxture; and that the evidences OF this
are more plainly TO be seen upon the breasts OF and
about the armpits OF Mary. DR.. Wright Dr. Bruskup
ana Dr Sellers testify substantially 10 these facts
other parties, supposed to be Judges Of such mat
ters were called upon Ind testified that they could
observe Indications OF African blood In Marys ap-
p On the other side, more than twice as many per-
sons say that they see In her indications OF negro
blood. Many OF these have known her Intimately
and for many years. It IN shown that she asso-
clates with white persons, and moves In good soci
ely. 49,. s. s ..z
ing crowded during she tune.
The Jury returned verdict OF 10000 .or the
plantiI. alter beng out but lew minutes.