The Republican journal., 1873-03-20
A Breach Of Promise Case.

The Argus furnishes the following re-
port OF a case recently tried before the
Superior Court in that city
Abbie f. Whitney vs.. Leander Chute
Action to recover damages for a breach
of promise OF marriage. Damages claimed
$4,000. The parties reside in CascO and
are each % years old The plaintiffs
story is briefs that she has known the
defendant from child but became more
intimately acquainted about three Years
ago, when they commenced 20 "keep
company" In September, 1870, she went
to Windham to do homework, where she
remained until the following April. re
turning but twice during that interval al
which times defendant visited her at her
| fathers. In April Leander came down to
| Windham with a horse and carriage and
| asked her to 90 home with him. AMI she
| went. On the way home che said he had
| rather have me 90 with him than any one
| else, and he wanted ! should keep his
| company and marry him, and told him
| | would" He proposed to be married
| in the following winter or spring and
| take me home to his mothers house After
| that defendant frequently called 10 see
| her at her house, sometimes Sitinr with
| the family, at others having Il separate
room, and frequently remaining rs late
as 10 O'Clock, until July, when. with his
| consent, she went to Lawrence. Mass. to
| work. At the close of five weeks She be-
! came convinced that she was in q family
! way and returned home She immediately
| informed Leander and requested him to
| marry her; he declined to have the cere-
| mOny performed then, but he said he
would when the child was three weeks
| cd. Subsequently at the request of lie
| ander and his mother who is widow.
| plaintiff went to their house and remained
| through her sickness, they promised that
| she should never leave there again but
make it her home. When the child was
three weeks old, Leandel still declined TO
marry her. One morning his mother said
| the family had been exposed to the humps
and for fear she and the baby might have
! them they better 90 home and remain
| She took her baby and went home, where
| she has remained ever since, supporting
| the child and herself by her own labor
She has subsequently requested the de
PENDANT to marry her in accordance with
| his promise but lie refused. Such is the
| plaintiffs version Her father testified
| that soon after his daughters return from
Windham, Leander asked his consent to
marry his daughter, which he gave.
The defendant denies that he ever prom
| ised to marry Abbie or asked the fathers
| consent to such an alliance. He says he
! has known her ever since they We're chill
| drcn; that he has visited the family. hay
| ing business with the family often, and at
| other times visiting the family generally.
| In April. 1871. he went to carry q man
down to Saccarappa and on his return
through Windham Abbie hailed him and
wanted him to carry her home; that on
the way home he did not propose and
nothing was said about marriage In re-
gard to the child he SAYS that he has set
tied with her in full. and introduces In evil
dence a paper signed bV the plaintiff, in
which tor certain sum She releases him
from any claims She may have upon him
under the baSiardy act. ali claims for
breach Of promise OF marriage and in fact
for all claims she may have had on him
since the creation.
Plaintiff says she did sign lie paper ,
thai while at Lenders house he rot Ben
jamin c. Gay and his friends there and
told her he would pay her $50 toward de-
traying the expenses until they could be
married, and wished her 10 give him a re
ceipt of the same. She signed il without
reading it, af eli which Mr. Gay read it..
but, as she says, did not read the paper
as it now reads. Defendant also intro
duces testimony from his mother, sisters,
aunt and one or Two outside the family Of
declarations of plaintiff at different times
that Leander never promised to marry
her. There is no evidence OF any letters
between the parties, and plaintiff testifes
that he never took her to ride but twice,
and never to any place OF amusement.
TIE jury were uEable 10 agree, stand
ing eight for the plaintiff and four for de
fendant