Elizabeth daily monitor. [volume] (Elizabeth, N.J.) 1868-1880, 1873-09-29
STARTLING DECISION.

In the midst of the furry In Wall
street it is greatly to be feared that a
much more important event may be lost
sight of. The court of appeals has just
affirmed the decision of the Brooklyn
city court in the case of Holman VS..
Earle This decision practically abol-
ishes kissing in affixing thereto the
penalty of matrimony at the discretion
of the kissee. To thousands of gay but
terfiies and pretty innocents this news
will be of deep and painful interest
The story of the case is the following,
A few months ago Miss Roxelana
Holman brought suit in our neighboring
city for breach of promise against Mr..
Alexander Earle, prosperous mer-
chant. Mr.. Earle imagined that before
Roxelana could gain her case she must
make the promise appear. He denied
it, and rested calmly, 'just like man, !"
upon the law and logic of the matter.
Miss Holman admitted there was no pro-
mise, verbal or written, but founded her
claim upon the fact that Earle had fire.
quently kissed her. While the unhap
Ply man was congratulating himself up
on his easy escape, his heart within him
was turned to stone by these inconceiv-
able words from the bench, spoken by
Judge Nelson, with measured accents
and slowly-fapping ears. He charged
that no words were necessary to const;-
tute an engagement. "The CLEAN of
the eye and the conjunction of the lips, E"
said this light of jurisprudence, "are
overtures, when they become frequent
and protracted.' The jury, always
eager to do thing which shall be at
once idiotic and gallant, gave Roxelana
fifteen thousand dollars for the wear
and tear of her lips and affections.
OF course the case was appealed, and
the higher tribunal has promptly con-
firmed the decision of the court below.
1t is therefore the law at this hour in
the state of New York that if bachelor
kisses o spinster, said spinster may
rightfully claim his hand OF his goods.
In cases where shyness or lack of OPP
portunity may have prevented actual
OSCILLATION, the young lady has still ano-
Their string to her beau if she can show
that he has ever "shined his eye in
her direction, he is her lawful spoil, ac-
cording to Judge Nelson. There is
positively no protection for bachelor
except nose bags and blind-bridles, and
the ability to prove he has never left
them off. To this extent the future at
least is secure. But how many bache-
lors can wake in the night and soothe
their consciences with the reflection
that, like Sir Galahad, "they never felt
the kiss of love, OF maiden's hand in
theirs %
II any such there be, sweet must be
his sleep; but if in his memory turks
any record Of early spoons, how har-
rowing must be the thought that he is
the promised spouse of every girl he
has ever idly saluted There are young
men to-day universally beloved and re-
spected, the exposures of Sunday
schools and the delight of evangelical
tea parties, who in the clear vision of
Judge Nelson are no better than Priam,
King of Troy, or Brigham, Patriarch of
Salt Lake.
The practical results of this moment
GUS decision are appalling. No youth
who values his liberty will hereafter
suffer himself to be kissed except by
lady who can show her marriage GER
tiflcsto, a,A5 b~inc ,,roaf that her bns.
band is living. With this exception,
this soothing and humanizing amuse-
ment must be confined to the domestic
circle, and the young man of the future
will be "doomed mere sisterly salutes
to feel, insipid things, like sandwiches
of veal. > Tribune.