The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-05-17
BREACH or PRoMIsE SUIT.
A Novel Trial By n jury Of Lawyers In the
Marin. Court-Love In . Tea shop.


Ann Tierney's suit for breach Of promise
against John II. GUILTY was disposed OF yester-
day by Judge McAdam in a way that was both
novel and speedy The defendant GUILTY Is a
young man OF about twenty one years, and was
formerly clerk 10 one OF the Steiner tea stores,
IN Third avenue, near Sixty-third street At no
great distance the plaintiff Ann kept little toy
aud candy shop. She Is a rudy, stoutish widow
of some four years standing. and before she
donned the weeds had been married about
eight years. She testified that her age Is ~.
Her suit was commenced recently. She laid
her damages at 10000, and last week had the
defendant arrested. He was confined In Luolo"
street Jail in default Of 5000 bail. A Few lays
aro his counsel moved, before judge hchoam
TO vacats the order Of arrest for the reason that
he was poor and could not procure BALL and
that It was hardship that he should be held In
confinement until the action took its turn on
the calendar on Monday Judge McAdam rem
,iered his decision, directing the order OF arrest
TO be vacated and the prisoner discharged, I'M
less the plaintiff Ann would consent to como
into court the next day Qhat IL, yesterday, and
then and there, at Cham bers, have tho case led
Immediately. The Judge thought that II the
plaintiff would not consent to this. she would
have no right to AJAX that the defendant should
The plaintiff preferred the immediate trial to
she defendants release, ana yesterday both
parties appeared at Chambers. The plaintiffs
counsel asked for post ponement OF the trial, as
his client had letters that she desired to intro
duce In evidence and she had not been able to
Ind them in time to bring them along. Judge
McAdam questioned the plaintiff In regard to
che contents OF the letters. and ascertained
promise OF marriage. He therefore decided
that they were imma: erial, snd that their
absence must not delay the trial.
The defendant then asked for jury. but It
turned out that neither the plsihtin nor the de-
jury Zee OF twelve dollars. Judge McAdam
therefore directed that instead OF summonlne
& from the ssS ss aInsI was the sd31Sns
fury that would be willing to serve without com
pensetion should be formed from the lawyers
who were sitting In the room Only ten were at
hand, but this was satisfactory to the litigants,
and they were sworn In.
Mr.. Dunlap. the Commissioner OF Jurors, hap
pening In, was ordered by the Judge to take
seat In the jury box. He who had conscri ptod
begged to be let on, and gave excuses that
moved the Court to let MIN 60.
The trial listed two hours and half, and was
CLOSELY attended to by the jury OF counselors.
The plaintiff testified that she made the do
PENDANTS acquaintance while purchasing In the
nlrted with him across the counter In that en-
porum Of coffee, spices. and sugar. This was
In July last. The same evening he visited her in
her shop. She closed the shop and they passed
pleasant evening In tue sitting room In the
rear. She said that ne asked leave TO visit her,
and that she yielded unwlllingly. He, on the
contrary. testified that she invited him to call.
He visited her frequently after that until Sep
tember last. Then his shop was moved up to
Harlem, and he moved with IT, she also testi-
ned that he promised to marry her on the even
ing Of his FIRST visif. which was also the first day
OF their acquaintance. and that he continued to
make promises OF marriage until February last,
when being pressed to keep his word, he told
her that he would 40 anything else he could
for her, out that he did not wish to marry any
bodv.
The defendant. on testifyinr denied that he
had ever Iromised to marry the plaintiff, but
he admitted substantially everything else.
The jury Of lawyers retired, and alter half an
hours consult ton rendered a verdict for SIS
damages. They said privately that they did not
believe there had been promise OF marriage,
and that they had therefore given n verdict for
just enough to paw prospective PHYSICIANS bill
"a verdict which set the actual technical law at
defiance as much AS any laymans verdict could.
The dcfendants counsel offered to Day the
amount OF tho verdict himself to save his client
from return to Jail lie offered the money to
the plaintiff, and she refusing to receive 1t, he
paid II to the Clerk OF the court.
Judge Nc Ad I'm thereupon ordered tbs de-
fendant's discharge. and dismissed the jury of
LAWYERS with the thanks Of the Court. The
plsntin's counsel intimated that he might move
FOR new trial. but the Judge said he would
have to deny the motion.