New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-09-26
III BACIO.

In the midst of the furry in Wall Street it
ID greatly to be feared that a much more i'm
portant event may be lost sight Of The Court
of Appeals has just affirmed tho decision Of
the Brooklyn City Court in the case Of Homan
ys. Earle. This decision practically aboshes
kissing in afixing thereto the penalty of mat
rimony at tho discretion Of the kissee. To
thousands of gay butterflies and pretty inno-
cents this news will be OF deep and painful
interest. The story of the case is the fol-
lowing. few months ago Miss RoxelaDa
Homan brought suit in our neighboring
city for breach of promise against Mr..
Alexander Earle, prosperous merchant.
Mr.. Earle imagined that before Roxelana
could gain her case she must make
the promise appear. He denied it, and
rested calmly, "just like a man," upon
the law and logic Of the matter. Miss
Holman admitted there was no promise, YER
bal or written, but founded her claim upon
the fact that Earle had frequently kissed her.
While the unhappy man was congratulating
himself upon 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
necessary to constitute an engagement. Tho
"gleam of the eye and the conjunction of tho
"lips,p said this light of jurisprudence, q" arc
overtures, when they become frequent and
protracted.n The jury, always eager to do
thing which shall be at once idiOtic and gall
liant, gave Roxelana $4,000 for the wear and
tear of her lips and affections.
Of course the case was appealed, and the
higher tribunal has promptly confirmed the
decision of tine court below. 1t is therefore
the law at this hour in the State of New-York
that if bachelor kisses a spiDster, said
spinster may rightfulIy claim his hand Or bis
goods In cases where shyness or lack OF
opportunity may have prevented actual cscu-
latiOn the young lady has still another string
to her bean if she can show that he has even
shined his eye" in her direction, he is hei
lawful spoil, according to Judge Nelson
There is positively no protection for bache-
lor except nose-bags and blind brides, and
the ability to prove be has never left them off
To this extent the future at least is secure,
But how many bachelors can wake up in the
night and sOOthe their cOnsciences with the
reflection that like Sir Gaahad, they never
" felt the kiss of love, or maiden's hand in
theirs 2" If any such there be- sweet must
be his sleep; but if in his memory turks any
record of early spoons, how narrowing must
be the thought that be is the promised
spouse of every girl he has ever idly saiuted.
There are young men to-day universally be.
loved and respected, the exposures of Sunday
schools and the delight of evangelical tea
parties, who in the clear vision of Judge Neil
son are no better than Priam, King of Troy
or Brigham, Patriarch Of Salt Lake.
The practical results of this momentous de-
cision are appalling. No youth who values his
liberty will hereafter suffer himself to be
kissed except by lady who can show hcI
marriage certificate, and bring proof that hei
husband is living. With this exception, thu
soothing and humanizing amusement must be
confined to the domestic circle, and the young
man of the future will be " doomed mere sstcIly
statutes to feel, insipid things like sand
witches of veal"