The herald and mail. [volume] (Columbia, Tenn.) 1873-188?, 1875-02-19

has been consummated. In all civilized
countries except one-Utah-a man is al
lowed to have but one wife at a time. Tha
Is the law in this State. / wish you to re-
member that. In most all the cases of mar
riage contract, the proposition to marry
comes from the man, and Lord Coke very
justly remarked, that it could hardly be
expected that woman could so farovercoIne
her native modesty as 10 say, Mr.. So and So
| love you very much, and greatly desire to
| marry you; pray, sir, will you marry me?
| The court does not mean to say that con-
tract of this kind would be void. 1t is the
| duty of the plaintiff to make out her case,
that is to satisfy you that there was a prom
! Use to marry and breach, or refusal to pei"
| form. The promise must be mutual; that is,
| il must be made by both. The promise
! and the breach may be proven by positive
| or circGmstantial evidence. These con-
| tracts are not often made in public, or be-
fore witnesses, but generally "sub rosa"
Continuous and persistent visits, words OF
an endearing character, moonlight walks,
signs, and sometimes tears, spouting poe
try, star-gazing, casting sheep's-eyes and |
the like, are all circumstances proper to be |
considered by the jury.
When the contract is made it is as much |
binding as the sale of a horse, or any other |
property. 1t is also contract which may
always be performed, unless one of the par
ties dies; for it hath been justly said that a
man can marry when he can do nothing
else
The jury are the exclusive judges of how
much damages should be given. When the
promise is proven and the breach, damages
necessarily result. How much, is for you
to say.
ha no Iii NJ If h Ion |
have but very little to do with it, and men
should be just and make laws for the pro-
lection of the weak er sex. You may, If the
circumstances justify it, give what is called
yindicttve damages. You should consider
the wounded feelings, the broken heart, (if
there be one,) and the contempt of the pub
lie, and the ridiculous position of the party
aggrieved, and If you are satisfied that the
defendant has done aught to aggravate the .
injury, it is your duty to tgo for him." not ;
only for the purpose of compromising the
plaintiff, (if money can do such,) but that
others seeing your good works may be de
TERED from several offences. In an under
one, gentlemen handle him without gloves
The Jury then retired, and in short ,
lime returned this verdict
TO His HoRor:-As this is a special case,
Ne beg to return n special verdict. Having | t
listened with pleasure To the learned coun- |
el, and with great attention to the evil +
fence as shown by Dunlap. that it was all
and by the stars that all that
,litters is not gold, we had concluded to u
ind for defendant, but the evidence of Mr.. Z
imbry that he is no longer in the market, 81
md that Jeff. COleburn has played out, we
Ind for plaintiff, and assess the damage at
1855.
The court then adjourned, the audience IL
ayihg been delighted with the exercises. ci
he managers have been requested TO re- Ii
eat the entertainment, and will try a Fl
riminal case next time. AS the proceed II
ngs are very different in a criminal from a | :,
ivil case, the ladies will have an opportu- 81
ity to see how criminals are convicted @l
nd how sentence is pronounced.