National Republican. (Washington City (D.C.)) 1872-1888, 1879-03-18
THE WIDOW DIVERS SUIT.
First Day Of the Trial in the Circuit
Court,
A jury Obtained and the Examination Com
menoed-The Plaintiff and Defendant
Both Present - General Butler
Raises the Question whether
Mrs. oliver IL Married or
Not, &C., Sc, &c.

The case Of Mary +, Oliver against eX'SCn.
ator Simon Cameron, Of Pennsylvania, fually
reached n hearing before Chof.Justico Cartier
in the Circuit Court yesterday. A number Of
cases preceded It on the assignment but, by
consent Of the respective counsel, they were
temporarily passed that this one might be given
a hearing
This cause has gained much OF sensational
notoriety, due almost entirely to the promi.
hence Of the defendant In public life Mrs,
Oliver, In her bill of complaint, alleges that
Mr.. Cameron made promise to marry her on
the 7th Of December, 1875; that frequently
ard repeatedly since that date she has appealed
to him to fulfill bis promise, bat that he per-
sistently declined 10 do so. In consequence Of
this dcclination she entered suit for breach of
promise, fixing the damages at $4,000.
The defense made answer denying in toto
the tJnth Of The allegation. Upon this the
issues were joined aud the cause became ready
for hearing.
When It was definitely known that the trial
would proceed the crowd hocked into the
COURTROOM, and during tho day the chamber
WAS ncomfOrtably packed by an audience
made up chiefly of men Of morbid minds, more
DESTROYS Of hearing something vulgar and Dor
dering upon the broad rather than for witness
ing any honest developments that might be
made.
Mrs. Oliver, accompanied by Miss Charlton,
n lady friend, arrived az the courthouse sDmc
time in advance Of the calling of the case, aud
occupied q scat in tho witness room. When
the trial began, they entered the chamber and
took chairs directly behind the plaintiff S
counsel Mcssrs. Peters, Darneillo, and Sterling
b. Toney, Of Kcntu ky.
Mrs. Oliver Is about forty-three years of age.
She is short Of stature, plain in feature, was
attired in black, and nothing particularly at
tractiye was noticeable in her appearance.
Ex-senator Cameron was not in attendance
when the trial commenced, but came in
shortly altcrward For u man that has just
celebrated his eishtioth birthday he looked
remarkably healthy aud vigorous. lie joined
| his counsel, ,Iessrs. Benjamin +. Butler, A. G..
Riddle, aud William A. Cook, and during the
entire day there was not more than nine feet of
q space between him and the complainant. The
, first business was the selecting of u jury TO
try tue cause. Tho defense preferred long
panel.
Mr. Peters said that The case had assumed n
sensational character, and attained notorious
publicity. lie thought, Oh that account,
greater care should he exercised in cmnaucl-
ing the jurors. lie proposed, under the Mary
q land law, operative in this District, to chal-
enge the whole array aud subsequently have
each juror examined upon his roir dire.
;. It was finally decided that each juror should
! be examined under oath.
short recess was taken and then the work
was resumed. Twenty jurors were examined
I, from which list, if passed, each side were per-
i mitted TO strike four names and the twelve
t remaining made the panel TO try the cause.
e While this examination was being conducted
n Justices Wylic, Hagner, and Cox came upon
5 the bench, aud each sat short time with the
g Chief.Justice.
Il THE JURY
If chosen is rs follows: J. b. Wells, Henry X.
II
8. Cornelius Clarke j. Il. Norton, w. A. Gaskins,
n Jared Dorsey, William Rothwcll, and James
d l.. ROgerson.
IS Mr.. Darnclle made the opening for the
h plaintiff. He said that IL was a suit for breach
IS Of promise In 1871 Mrs. Oliver Camc to this
= city to secure employment bringing with her
d letters from friends of Mr.. Cameron to that
l. gentleman asking for assistance in procuring
= her situation. That gentleman did interest
II himself and secured for her a place in the
If Treasury Department. This she held from
e October, 1875, until August, 1876, when she
e was removed.
5. Subsequently she got an appointment In the
" Interior Department, but soon after lost that
&c In the first year OF their acquaintance the
y proposition of marriage was made, and they
expected to prove that tho formal propOsitan
= was made in 1915. The defendant having
T. failed TO come TO time, she became nervous
and called on him several times, and while he
/ never positively refused, be never performed
the contract Finding herself thus Knocked
Of she commenced this action. They could moi
fully compensate the injuries TO n wounded
heart, but they could give the damages, ani
after they had presented the case they expect
IS cd tho jury to fix the damages.
The defense said that they had no opening
to make.
HAS SHE A HUSBAND?
n, Mrs. Mary T. Oliver was then called to tn,
h witness-stand. General Butler arose and said
10 before the testimony was commenced he woul,
like TO ask the witness few questions, whicl
o he felt it his duty to do, Nothing in rcgart
l. to the contract or breach of the contract
es nothing in regard to the acquaintance of her
III self with the defendant or lie with her but in re
ii laton to her social position and condition.
or might make material difference in the case an
ut shorten it considerably. If she had husban
OF now living and had never obtained a divOrc
he from him, then 1t would be easy to pcrciev
er that she was unable to contract marriage, eve
ms if the promise had been made, and there wOul
as be an abrupt ending Of the suit.
to Mr.. Darneile thought it entirely inadmi
up sable TO make the inquiry and also that int
sc nations Of the counsel were outrageous.
Mr.. Peters did not see how such an exam
nation could be conducted under the rules
law,
*, ChefJustice Cartter-.Wel, If she has got
nd husband, you don't want her to have nnOth,
th or sue because she did not get one. But this
Ia. not IN time 10 raise the question, ana the o
~ lection is sustained.
lri The examination Of Mrs. oliver then Pr
io' Ceeded.
rs THE PLAINTIFFS STORY.
~ She testified that she lived in this city az
w. had been here since 1876. She became aIquair
ne ed with Mr.. Cameron at the Congrcssi0n
i Hotel on Capitol Hin, in 1874. Ia the spin
M of 1875, at New Orleans, Mr.. Cameron told h
o. that she should be his wife at some future du
%: correspondence then sprung up betwe
~ them, but most of the letters had cen return
w. to him 1T his request. Ho would write TO b
on one side off, page, aud she would answer
the other. She had few Of the letters Ia h
80. possession aud presented three. Tho first "
- to Secretary Bistow, recommending her q
ne pontmcnt TO place. The second was q pro-
lac ise 10 take her 10 better place. whore reldtiN
md would lool; after and protect her, aud II co'
lie. with the sentence, "iou will be my wifi
ram Tho third is as follows:
a. AV DoW Ms O'rtr:
DE. yond you letter 10 Mr. BristOw IN RccordaI
sed with your request / would be glad TO hear Il
-er Won agree with me TO be mine, | hope 50. So y
on had better see that the letter reaches the secrc
,ni, ry's own hands,
inc These letters have not yet been offered
ned evidence, and ii is only just to say that the
her fcndant denies having written the last Is
v a pronounCos them iorgeIies, and expects
prove it in due time,l