The New York herald., 1879-02-06
BLIGHTED AFFECTIONS.


WHICH THE sUITon FINDS HIMSELF IN JAIL
AND Is MULcTED IN DAMAGES
In one shape and another there have been fire.
quenty before the courts during the past few
months proceedings connected with suit brought
by Miss Ernestina Moses against Ignatz stender for
damages for alleged breach of promise of marriage
A portion of this time the defendant has passed
in Ludlow Street Jail. from which he
inenectually sought release through promise
to take upon himself the matrimonial yoke
rather than have the suit further prosecuted. The
suit was brought to trial yesterday before Judge
Van Brunt, holding Supreme Court. Circuit. Tho
court room was crowded. The plaintiff was repre-
sented by Mr.. Richard s. Newcombe and the defend
ant by Messrs Ira Leo hamburger and Reginald Hart.
THE PLAINTIFFS STORY.
After brief opening of the case by Mr. New.
combe stating the facts he expected to prove and
drawing rather pathetic picture Of the mental suf
ferings undergone by the plaintiff through the
failure of the defendant to marry her. he called to
the witness stand Miss Moses. She is rather a
buxom looking lass. prepossessing in appearance,
somewhat below medium size and plainly dressed
She told her story in straightforward manner, re-
citing how. early in February, 1877. she became
acquainted with the defendant. through his having
been brought to her fathers house by Mr.. Engle
tered into between them; how the arrangements were
made the anticipated wedding festival and how it
all came to nothing through the defendants failure
..Did you have any money saved up at the time of
the engagement p was among the questions asked
eyes. had s7oo in the Union Dime Savings
Bank"
"Did You promise to give steindler the money!"
"No. told him that 1t was i'll the bank in my
fathers name but willing to have it trans.
ferred to his and my name jointly after
riage but that neither should draw it out without
the others consent
Ibid he draw out any of the money!"
"w-e-l-l. no. answering the question very
slowly He attempted secretly to draw it, but the
bank would not give it to him."
PLAINTIFFS FATHERS STATEMENT.
The feature OF the day was the examination Of Mr..
Joseph Noses the father OF the plaintiff. His
volubility at times was great that it difficult
to repress him. and on one occasion the Judge
threatened to punish him for contempt if he did not
confne his testimony to answering the questions.
"Do you know Ignatz steindler p he was asked
"Oh, yes; too much to my sorrow" he answered.
"Where did you first meet him %
eat Mr. Engleman's house. Engleman told
that steindler would make good match for my
daughter; that he was young groceryman, and
needed money to go on with the business.
In the course of his further testimony. he stated
that his daughter had been paid SIS month cook
and saved up her money, which he had put in the
savings bank in his name for her. He said that
we SG OF ms aSar money for nr
silk dress and two woollen dresses and as he added
"oder tinss fader would buy for his child about
Where did you get the $500 ?" he was asked on
cr0ss-examination.
From my work."
"work at what?"
'.Tailoring."
II mean from what place did you get the money!"
From my, drawer" Iaughter.)
"Did you draw the money from q bank?"
"Oh, mein Gott! don't make me crazy NIT your
questions!" Q4aughter.)
"Was everything ready for the wedding?"
Eyes; the music ready"
"Did you pay for the music?"
ooh, no; they vas to come for nothing"
MOTION TO DISMISS COMPLAINT.
The examination of Mr.. Moses concluded the testi.
mony for the prosecution, after which a motion was
made by defendants counsel to dismiss the com.
plant. He claimed dismissal on the ground that
Engleman acted in the as marriage broker;
that the father bargained to give 500 to the defend
ant II he would marry his daughter. and that this
was contrary to public policy and that the marriage
contract was, therefore, void. This motion
denied.
THE DEFENDANTS VERSION
Steindlcr was called on his own behalf. He is o
diminutive specimen OF man, with dark hair
brushed up from his forehead, small eyes set far
apart and with thin mustache. He stated that he
became acquainted with Miss Moses through the in
PRODUCTION of Mr. Enyleman; that he told her father
and her that three months before he had bought
grocery store for 81 000 and that If they would give
him 500 he would marry the daughter; he told him
the $500 in the bank was transferred to himself and
Miss Moses.
did you get any of the money! he was asked.
'No; the bank wouldn't give it to me without Miss
Moses consent
.would you have married Miss Moses il you had
got the $700?'
Certainly
"Are you willing to marry her now il you get the
money!
"Why did you refuse to marry her?"
wife,"
tive counsel. followed by charge to the jury by
Judge Van Brunt, giving u clear and concise state
ment Of the law applicable to the case. The jury.
dict for 81 $50 in favor of the plaintiff.