Evening star. [volume] (Washington, D.C.) 1854-1972, 1879-03-29
Oliver agt. Cameron.
THE BREACH OF PROMISE r.cr


To-day, before Chief Justice Cartier. in
the Circuit Court, the case of Oliver art cam.
erol-the action brought by Mrs. NJ. 8. Oliver
agt. lion. Simon Cameron for breach of promise
OF marriage, alleged to have been made on the
s.n VI Becemoer, 1875, for which $50. 900 dam
as6s are Claimed, was continued-Messrs Peter
Ta rs.er ana D. j. Darneille and Mr. voney, (of
nNeheucSy,) Ior plaintiff; Gen. B. F. Butler and
MesSfs: w. A. Cook and A. G. Riddle. for de-
IeEdaht. There was but small attendance Of
opvG.a.oIs In the morning. Mrs. Oliver and her
coHbsel were early In the court room
Gen. Butler on bis arrival, said the first ones.
ti 10 De settled was whether the communica-
t!cnS mace to Mr. Riddle by plaintiff are to be
ssrcken out; and he asked il counsel insste...
On it. -~~-A
MIR. Peter said the point was 81 imnortant
W .he oar ana public that he preferred TO re-
serve his exception.
Inc court said that he would hold that all
eonltnunlcations between counsel and client,
S Sa nose which were to be communicated to
MI. cameron, came within the rule ana were
prescribed by the law; and he would Instruct
me jury 10 disregard the testimony 10 that ex-
Gen. Butler remarked that there wasa nres
ZION whether when the Communications were
mace TIE relation OF client and counsel existed
ne quoted from an Ohio case, and was pro.
Judge Cartier iDtimated that he would like to
lear from the other side
SHARP PASSAGE BETWEEN GEN. BUTLER AND MR..
PETER.
Mr.. Peter said that he did not wish to be led
into discussion Of states rights. and If the
oatties OF Big Bethel and Fort Fisher were to be
IOugnt over again, he did not know when the
eLo OF the case would be reached. He had been
taugnt from his youth to respect the highest
IIlOunal In the land and he claimed that the
supreme Court OF the United States had settled
this point.
The Court intimated that how little matter OF
TACT there might be about this case, there was
much law, and he wished to hear It,
Gen. Butler said that he had seen no occasion
TO bring In any vulgar illusions, or aay need to
refer to events In his public life. He was per-
fectly willing to let his country Judge OF his acts
In connection with the events mentioned In con-
traSt with the experience of the gentleman in
the Old Capitol prison as a traitor.
Mr.. Peter protested against the use of the
word vulgar, and he hurled it back with con-
tempt.
Gen. Butler replied that when illusions were
made to events outside Of the case for the pur-
pose OF bellttlfng party, 1t was vulgar. He
knew the full meaning of the word and so used
it, and would stand by it. Gen. Butter resumed
his arg ument.
Tie Court decided to adhere to his former
ruling, saying he would rule out the communi-
cations with the exception Or those which were
to be given to Mr. Cameron.
GEN. BUTLER ASKS A NON SUIT.
Gen. Butter asked for non suit, saying that
where there is no conflict of testimony and 1t
was all one way the court could apply the law
aid direct verdict. The receipts were not
disputed or challenged and they were a bar to
TIE action. He read number OF authorities
and the receipt sin full" which she said she
signed With mental reservation. The law
says that this is a fraud; that there can be no
mental reservation, and the right OF the court
to direct the jury is undisputed: He cited the
case OF Susan B. Anthony for Illegal voting,
where Judge Hunt (of the Supreme Court of the
United States) not only directed the jury but
refused to let her make defence.
The court said there was no doubt on this
subject.
General Butler said that here was a full re-
lease given, after months of negotiation, Mr..
Cameron for the purpose of silencng this wo-
nan, agreeing to pay her to get rid of this mass
OF Nth. He wanted to get rid Of her, that
neither he nor his family should again hear of
her. And In order that he might hear no more
OF "tcads bone tea" and that there might be
peace, he consented to pay thousand dollars
1t was with the understanding that she should
not again trouble him. that she took the money,
sig ming the receipt but tWenty-four days be-
fore bringing this suit, "Recelved of A. G. Rid
ole 1885, balance OF $1,000, In full for all claims
on Simon Cameron"
MR.. PETERS POINT
MI. Peter said they certainly did not agree as
to the facts, for Mrs. Oliver had expressly said
the payment was not made for the breach OF
none.
The court suggested that the evidence should
MR.. DARNIELLR'S POINT.
Mr.. Darnielle, for the plaintiff, contended
that the receipts should have been pleaded, and
he argued this point at some length, citing from
tne rules OF this court on the subject.
The court remarked that he had no doubt as
TO his power to withdraw the case but he
wished to know about the receipt II the state
ments laid down in the receipt were not contro-
verted he should hold it q bar to this action.
A recess was taken, during which the room
became well filled.
AFTER RECESS.
On reaSsembl1ng the Court said he wished to
Know where the testimony left these receipts.
Mi. T0ney said II the motion was for non
suit ne desired to submit some authority
Mr.. Butler.-We ask the Court to direct YER
dict. A non suit is taken when the party has
case or can make one
Mr.. TOney then said IL the motion was to
instruct the jury it should not be granted for
Mr.. Riddle had testified that the complaint
was seduction and not breach of promise
Mr.. Butler argued that the receipt included
every thing; that Mr.. Cameron was DESTROYS of
closing all relations lie had with the woman
that all the claim she had then was the baby
and the marriage was thought of afterwards
After further debate the court said that II
there was anything for the jury to act upon he
would not take the case from them. The re-
ceipt was ample enough to cover all unless
there was Understanding, and in rebuttal
she testified that the money was received to pay
expenses OF her sickness; and shadOWy as this
may seem, yet it was question that the jury
may debate over. He had uniformly for fifteen
years never presumed that the Jury would not
do their duty, and would not take this case
from them.