The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1869-03-10

ever imparts O. its choicest gifts.
.Loveling; kissing the name OF my cnat ,am,
yours. JOHN ARMSTRONG BRADSHAW, NJ. ~.
.'To Mary Fergeson.n N fF
The doctor having on these several occasions
refused to fuldll his promise. Mary secure$tne
ges, when her devoted lover set up in defense
that she was of African descent, aud for that
reason be could not, under the laws Of Ohio,
legally we'd her: This was met by demurrer on
the ground that the law Of 1861, forbidding the
union of q white person with one having distinct
admixture of African blood, was superseded by
The Fourteenth Amendment to the Constitution Of
the United States, or, II not BY that, BY the civil
The demurrer was not sustained by the court.
however, and the case was sent to the jury On ito
merits.
The question Of the purity of Mary's blood was
the most inter- ling that came up on the trial.
1t was shown that Mary had lived uati. nine or
ten wears of age with woman known as Betsy
Fergesoo as her child. and Betsy, as was shown.
was q little lighter than mulatto. Shadrick Fer,
geson and Pete Fergeson, two mulsttos, tesuned
that Mary was their neice, the daughter OF their
sister Betsy, and that Mary was born on the ka-
pswhs river, in Virginia, and that white man
named VIM. Harvey was said 70 De ner Istner.
Betsy Fergeson was living at the time at the
house OF her father, being an unmarried woman.
The Fergeson family, they say, came from virginia
TO Springboro while Mary was nursing child as
the breast Of Betsy. They were with the family ?
her being the child Of their sister.
Three physicians are called, who say that they
have attended Mary incidentally, and that as they
saw her sick In bed, not appearing as she does N
the court room, she exhibited undouoted marks OF
African admxture, 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 and DR.. Sellers testify substantially to
these facts.
Other parties, supposed to be judges Of such
| matters, were called upon and testified that they
| could observe indications Of African blood 10 Ma
| rys appearance.
persons say that they see In her no Indications OF
| negro blood. Many Of these have knowe her
| intimately and for many years. II Is shows that
she associates with white persons, and moYes In
good society.
Among the witnesses on his side is Rev Mr..
Richards pastor of the Methodist Episfopai
| Church Of springboro, who says that Msrf Is
| member of his church, and that he had hestd, ON
taking charge Of the church, last September that
| such person belonged to his congregation that
| he endeavored to see IL he could discovee her,
| and made many mistakes in selecting the true
one, and was surprised when told that Mari Fer
| geson was she.
Rev. Mr.. Young, pastor OF the MethodistlEpis-
copsl Church, Lebanon, testifies that he was born
| in Virginia, and is familiar with the persbns Of
mixed blood, and would take Vary to be " the
pure white.
Five or six physicians are called who say they
| are unable to discover any evidence of admixt
| in her appearance, one or two OF them say that
| they believe she belongs to the Caucasian. race,
| and one of them made ga examination OF her per-
son, and says that the skin covered by the'cloth.
log s lighter than her face, and that be could md
no evidence of mixed blood. srl -
Mrs. Barnhsrt who was, until her recent mar.
risge, the intimate friend and roommate OF mary,
tesifes to the same fact. Witnesses are also
| called on this side to show that ii s common 10 the
South for white persons to employ colored nurses,
and that nurse and child recognise each other as
mother and child. Mary herself when called. says
that she never had the feeling for her reputed
mother that she supposed other children had for
their mothers; and, ON cross examination. says
that she heard that in the last illness Of her reputed
mother that abe wanted to see her. butsne did mol
20, and that she did not go to the funeral.
Another very peculiar defense set up was that
the defendant was subject TO peculiar nervous
disease called idiosyncrssy-th he was In short
lunatic on love matters-asi II all lovers were mol
| fanatics, as Shakespeare asserts. DR.. A. Wright
of Springboro, testified TO this peculiarly on the
| part of DR.. Bradshaw, who was an intimate friend
| of his. The doctor thought the letters read II
| evidence were written with honest Intentions, bu
| in deranged state OF mind, when he was mad
with love; that he is man easily influenced, and
| in the matter Of love the most perfect child h'
| ever saw. well proved attempt on The part o
| the defendant to seduce Mary was strong poin
in her favor. and one that elected the sympathy
the hearers for her and excited indignation agans
Mr.. VIM. Carpenter, with whom Mary lived
| testified 40 having 81 one time overheard con
versation between the parties In his parlor, h
being ut the time in an adjoining room, with tn
door sjar. The following is the substance Of tn
| conversation:
MARY, you don't love me as you should or yo
would yield.r And Mary was heard to say, ="
like you well enough, doctor, but value my viz
| tue more than life.n
But the time is 50 short before we are 70 be
married, it will make no difference"
mot II it was only two hours before"
Mary also testified that :" the doctor often wish
ed her to submit to q course Of treatment she di
| not wish to-"
The trial lasted whole week. the court roor
being crowded during the time by the man
friends and acquaintance of the parties, both Q
whom are well known.
The case was argued at great length by bot
the attorneys for plaintiff and defendant. Hor
A. G. Mckinney and Judge Samuel Bolton 70
plaintiff, and ]. Morrow aud ]. F. Thompson 10
defendant.
The jury returned verdict of SIC, 900 for plsir
tf after being out but q few minutes.