The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1870-01-28

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can promise all who viii attend q rich intel
lectual treat, and we hope that all who can
will purchase tickets and go TO hear it.
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THE BREACH OF PROMISE TRIAL.
Young Lady Sues for SO .OOO-What She
Gained and How She Lost 1.-THE Jury
Court Renders Judgment for the Man.
THIRD DAY-AFTERNooN.
" NJ. WeGuer cdIled-Am defendant. first
saw plaintiff In my mothers house in March,
| 1860, early In the spring. Mother lived a mile
then lived in Emporia with Mr.. Fraker. There
was nothing took place. Mrs. Fraker and
Mrs. Cox were there. L had no Introduction,
but got acquainted with her there. l saw her
after that, ut times, at mothers, and in town.
The first time remember getting much ac-
quainted with her, she, N. E. Weaver, Clara,
Mrs. Smith and went to Americas on the 4th
| of July, 1860. That was the first time I got
acquainted to amount to anything. We went
| to Americus and back together. We all went
| together in one wagon. She left here on the
9th OF July for Anderson county. saw her
In the coming fall at camp meeting, near Rink
er's. She and her sister Betsy and Shields
came and staid at mothers all night. Our peo-
pie were Methodists, and 1 suppose Mrs.
Nichols was also. Mr.. FrakeF was pastor Of
the Methodist church. We were around to-
young people. That was In September, / think.
During the balance of the year she lived with
her brother-in-law, Mr.. Fraker. She was at
Mr.. Fraker's, and went there occasionally to
see her, and she was occasionally at our house,
and we got up u small courtship. Fraker's
| family and ours and Nichols's were Intimate.
as members Of the same church. I had two
sisters single, and one brother married. 1 saw
her ut Mr.. Fraker's time and again. She came
TO mothers, sometimes with Mrs. Fraker, and
sometimes by herself. went to Fraker's,
sometimes on business, and sometimes to see
her. Fraker's family was somewhat needy,
and father sent me there with wood and other
things. went there to see Miss Nichols some
times once n week, and perhaps twice a week.
have been there some weeks twice on Sunday,
and on I'll ursday evening, and sometimes not
for two, q rec or four weeks. Fraker was then
living in he DIR. Moore house. 1 didn't ac-
company her anywhere, except to church. Ny
sisters, Clara and Jenny, frequently went there
with me. 1t was the practice of both families
to go to church together. i took her other
place. We sometimes talked privately during
that period Cup to the holidays, 1867. took
her to church, and talked to her as to other
young ladies. Fifteen or twenty days before
Christmas she and were talking in Fraker's,
| in the Kitchen, and were talking about getting
married, and she asked me why didn't get
married. told her had not thought of being
| married. hadn't enough 10 support wife.
| She said she thought had; that she and I
might as well get married. told her that
was not well enough acquainted with her, nor
she with me, to make permanent contract.
We agreed then that il each party proved true,
and each what the other might wish. we might
| sometime get married. She staid there until
Fraker's moved away, in April, 1861. 1 went
with other girls during that period. She knew
II, and said could go for aught she cared She
went with Mr.. Jones. Don't know Of her go
| ing with any body else. When she left Empo-
| ria. she went to Anderson county. i took her
| and Mrs. Fraker TO Ottumwa. and from there
| took her home. l furnished the horse and
| Fraker furnished the buggy and harness. l
| went at Fraker's request My father wanted
ker wanted me to take Miss Nichols home, and
| offered TO pay me. He asked me what would
| charge. I told him nothing. stayed there
couple Of days. She got the ring before our
| little chat about marrying. l had the ring;
was wearing 1t, and she got It. i afterwards
tried to get 1t, but she preferred to wear it. and
| let her wear IL. The ring was given me by
| my sister. 1 never placed 1t on her finger as a
symbol OF engagement, or anything like it.
Nothing unusual occurred between us in An
derson county. / next saw her on the4th of
July. / went TO Burlington to pay some taxes
for Julius Hildreth, at my fathers request, and
Mrs. Fraker and 1 went from there to Mrs.
Niehols's. 1 suppose was there three days.
Got there on the 81 OF July, in the afternoon.
| next saw her at Ottumwa camp meeting
| Nothing particular occurred then. next saw
her at her mothers, in Anderson county, about
Christmas or New Years. 1 went there alone.
/ Was there three or four days. Nothing par
| ticular happened at that time. / chatted with
her occasionally. next saw her when they
moved here in the fall of '62. i saw her at her
| house in town, the second day after she came.
| happened to be in town, and saw her broth
er, and went with him to the house. 1t was in
| the daytime, and remained couple of hours.
They moved up late in the fall. They lived in
| town until the first OF March. During that
winter went there Sundays, and sometimes
during the week, when happened in town.
| boarded and slept at my mothers, and the in
/ tercourse between the families continued
| When they left town they went to the Maurer
place. During that winter I went to church
with her. Don't remember going anywhere
| else. They were at the Maurer place two
years. went there time and again-some-
times on business, sometimes to see her. At
the time Jim Lane spoke near Florence, Still
man Smith came to Nichols's with u wagon,
and he proposed that we all go in the wagon.
| intended to go horseback, and went to
| Nichols's horseback. Never went anywhere
| else with her. Brought her to town. Did not
go on purpose for her. but she would come
with me from her house, or from my mothers,
| as was coming in on business. They left the
Maurer place in the spring of 1866. They rented
| my farm, and renamed there until the 18th or
10th of July, 1869. After they rented my farm,
| slept at mothers until in the fall, when,
| about the 18th Of October, my brother was sick,
and went to sleep at Nicholas. Ny mother
did my washing and nending. My work was
| ON my place. Nichols's did not have all my
place. 1 saw Miss Nichols every time that /
wasthere. talked to her privately until the
| little falling out at that time. She was out
| milking, and as abe came to the house, came
| with her We were talking about loving and
marrying, and she said she cared more for her
folks, her brothers and sisters. than for any one
else; and then said, if you do, that settles the
question between you and /. She said she did
care more for her folks than any body else;
that might go. told her that settled the
question. In day or twoI asked her If she
| was in dead earnest about the matter; she said
she was; that might go. told her that was
| settled question with me. That was between
| the corn lot and the house, ON my premises.
| There was no other mention OF IL. only in July,
1857. 1t was after George Shields was there
| was sitting in the north room the day. or the
day after, Shields went home. She came and sat
Shields, II l want him" I said, ''Why don't
you have himr' She said, ''May be could
get you yetf' l told her, "then that would
never be; that she had told me to go, and
proposed to stick TO that" She SAID. al don't
| care; you can CO." In the winter OF 1S60-6I
went TO Leavenworth, and as / came through
l was dressed as any teamster would be-dusty
and dirty. When got home the plaintiff ana
| Mrs Fraker were there, and suppose every
body saw It. 1t is the same picture shown in
| evidence here. l didn't give il to her as
| present. There was no privacy about il.
don't know where got her picture. didn't
family came into my house. She said she
i would not give mine up. I told her that
| would make no difference to me. never
planted garden In partnership. never plant
| ed trees in partnership. She brought some
| cherry trees from Fraker's. j asked her what
they were worth. She said she didn't want
i any pay for them, but believe gave her 30
| or Is cents apiece for them. paid Mrs. Fra
ker for knitting, and paid the girls for sewing
| for me. In 1868 we had \ good many peaches
| and they proposed to can one half for the other
| half got two dozen cans; LEFT one dozen 1t
| mothers, and took one dozen to Nicholas, and
they canned as many rs they wanted. When
they left, my peaches were still there, and
don't know but some OF them are there yet.
heard George Shields testify. / never told him
| was promised 70 Miss Nichols. was at Mrs.
Nichols's in February, 1863, on Sunday, two
hours. was there to see Ben. Nichols con-
corning trade of some land for 4 colt, which
we had talked Of. On that Sunday talked with
Miss Nichols about the ring. She was haunting
Dle about the ring; said that had offered her
$40 for 1t, and said yes, because il had been
tn me 4 ensf orfH y
offered II because she laid claim 20 the ring
There was nobody present in the same room
There wasn't word said about the ring being
an engagement ring.