Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1877-03-24
Second Day ofths Breach of Promise Case.
The Case settled.-Money heals the

preach OF promise case, Groyervs. Bonney. lnerc
was mixture of fair and intelligent ladies,
brought together by the novelty of the trial, as
well as their sympathy with sisters in trouble.
While Mr.. Daley was on the stand, for the
plaintiff, the order of defence was partially de-
yeloped by question of Mr.. Record in regard TO
communications he (Duley) had made TO the plain
tiff concerning the defendant. lie wished 10
learn if Mr. Duley had ever told Mr.. Bonney
anything about Miss Growers physical disabilities
Mr.. Record cited English decisions TO show
that thi, is admissible and legitimate, and that
physical moral iniirmity or difficulty kept from
one of the parties to o marriage contract bsoves
the person from the contract. lie would make
attack on the moral character of the plant III
lie would ask the witness If at any time he had
told Dulcy that Miss Grover had been partially
paralyzed on one side.
Judge Libbey excluded the question at this
time, and iacetiousy inquired If warranty OF
soundness entered into the contract The case
had not yet been sufficiently developed on that
side to warrant the asking OF the question at
this point, though he should not finally exclude it,
Mrs. Emma n. Allen, sister of the plaintiff and
John r. Allen, of Auburn, gave a sort OF running
account of the courtship. Mrs. Allen said that
she knew her sister had prepared for the contem-
plated marriage, and was very melancholy since
1t seemed as though it had been given up. She
had been treated by DIR. Garcelon of Lewiston,
and also by ply stefan in Boston.
Mr. Clay next read letter from Miss Grover to
Mr.. Bonney, dated Dec. 6, "a, telling him that
she wanted to hear from him, was glad to learn
from friends that he had inquired for her; asking
him to meet her at the depot that she would 20
Immediately to his house and be married, if he
would get published. She was "real homesick.
Oh, my pen is so poor | cannot write, for have
no paper. Now, write me a line. From your
true friend" &c.
Another letter from the same lady to Bonncy,
dated Jan. 18th, was read Sometimes | think
never would 60 back TO Lewiston, but when |
think of you l desire to CO." Abiding to the
postponed nuptials, she says perhaps it may be
all for the best, but cannot think so. feel bad
when think of you. Perhaps you think | will
not prove true to you; but will make you hap
Ply; you know it is my disposition to make all peo-
pie happy. | 10 think SO much of you, and you
will remember what you promised me-"
Miss Grover, who sat within few feet of Mr..
Bonney in the court room, sobbed loudly while
this letter which was never written for an aud
fence like that was being read.
The next letter was far cooler and more bust
ness-like than that just read, it being from Bon.
ney to his alleged atfianced lie glad to know
that she was among friends, but sorry that she
thought so much of him as TO be distressed about
him. 81 shall always respect you, whether mar
ry you or not, intimatlng that he might marry if
suitable person and opportunity offered. lie
then proposed the withdrawal OF all obligations
on the part OF both contracting parties, adding, 81
wish you WELL"
The reply of Miss Grover to this letter wa.
read. Her mind had not changed, and she evil
IDENTIFY meant to "Hold the Fort" you have al
ways treated me with kindness and like perfect
gentleman" were her recorded words land YOU
would make a good husband. And now you think
| am foolish to think so much of you. | cannot
help it; | cannot withdraw my affection had
pictured out happy life for you and for me-"
She asked him, finally, to read the 81 chapter of
Colossians, and to set his affections on things
above.
Tho plain.;A~a 81 har sla al his
Calvin Record, Esq, opened for the defence,
and proceeded to state in q clear and lucid man
ner, the grounds of the defence intended to be set
up here. He said he would do SO briefly, and try
and make the matter plain There are two lead
ing grounds upon which the defence would rely.
First, expect to satisfy the jury that whatever
may have transpired by way of pledges, the de-
PENDANT was Justified in Withdrawing all obliga-
tons Ia the next place, suppose there had been
any distinct promise OF marriage, he was relieved
by word and act, such as the defendant had a right
to rely upon, and on which he did rely. Prior to
any introduction Of these parties, the personal &C
quantance was eagerly sought for by the woman
she seeking an introduction to the defendant
Then commenced what in common parlence is
called a "courtshp." lie had no doubt the inten-
ton of both parties were TO marry; but there is a
vast difference between that and pledge to mar
ry. Events bad undoubtedly transpired which
had led both parties to expect marriage. During
the ladys stay al Gardiner, there came to the de-
TO halt in this matter. 1t came from an auhents-
tive source. That information was that this lady
who had sought marriage was seriously Idisposed
and in a bad condition-that she partially
paraysed on one side, connected with a difficulty
in the foot. Mr.. Duley communicated these facts
to Mr. Bonney, and another one that she had beer
previously engaged to a man who had broken it
off This operated upon Mr.. Bonney's mind as
1t would upon our minds. This has an important
bearing if the question should ever come to one
8 "A La..z -. IL
Mr.. Bonney to communicate to Miss Grover that
he had knowledge of her physical infrmities.
The letter from him to her, asking for halt, in
timated del!catelv something of this nature. She
had told him that if he couldn't marry her and be
happy, she didn't want him 10 marry her. This
absoved him from any obligation to marry her.
The court then took recess until afternoon.
On the coming in of the court in the afternoon,
Mr. Plsbury, for the defendant announced
that the difficulty had been satisfactorily settled
between the parties, and therefore the trial stopped
The case is entered "Neither Party" so that
neither party can bring further action on the same
cause. A shadow Of disappointment passed over
the "sea of upturned faces" in the crowded court
room; the nice little experien Of courtship, tie
words said, and VOWS exchanged, were to remain
forever unsaid, and the tender-hcarted, sympa-
tbetic women, gushing Young men and old grey
headed bachelors, wdowers, and muchly married
men, turned away with sorrowful countenauces
from the halls of justice. Those ladies who had
made up their minds TO spending an afternoon
amid the bewildering revelations of prospective
matrimonial infelicities returned to washing d hes
mending clothes and scolding their children.
1t is understood that Miss Growers lacerated
heart was relieved by liberal bandage of green
backs; that Bonney's friends saw that the case
was going against i'm, and if submitted to jury
heavy damages would be brought, and so he took
the wiser course to settle at comparatively mod
crate sum.
During the trial Judge Libbey presided with
his usual grace, dignity and mpartislty.
BOwdOin College Notes.
In accordance with an established custom, the
present board of Orient editors met Thursday, and
elected as their successors the following members