The New York herald., 1879-03-30
THE OLIIER-tANERON SUIT.
Simon's Counsel Calls for
q NOnSuit.
RIDDLES REJECT PTS.
Judge Cartier Decides Not to
Stop the Case.
MARY ANN IN URT.
RIDDLES RECEIPTS,
MARY ANN IN COUR T..
[BY TELEGRAPH TO THE HERALD.1

xhe first day. and vacant seats were plentiful; but
the members OF the bar there in strong force.
Tho preparations of counsel indicated that they
meant business each lawyer brought several
law books which he deposited on the table. giving
that piece of furniture the appearance of law
library Mrs. Oliver early in attennance. She
gave signs of being much indisposed. the ailment
arising principally from cold contracted while sit
ting in the poorly ventilated court room. 1t was
rumored about the Court House that sin the
event that Mrs. oliver did not obtain verdict
she lwould have the testimony and letters in the
trial printed book form. and that she would can
vass the State of Pennsylvania for its sale.
BurLER's NoN-sUIT
The question OF Mr.. Riddles testimony was the
first question discussed and the greater portion Of
the morning consumed in citing authorities
pro con- regarding the proprety OF its going to
the jury. Eventually when General Butler.
after consulting with his associate. moved q nom
suit the crowd in the court taken by surprise.
although it had been whispered yesterday that an
effort would be made to-day to throw the case out or
court But this mode of accomplishing that end was
not expected. Mr. Peters read the twentieth rule of
the court requiring that this plea should have been
put in the original defence
JUDGE cARrrER's DECISION.
The claim for q non-suit on the grounds of the
Riddle receipts making little impression the
Judge General Butler adopted another line of argu
ment and contended that Mrs. Oliver had
no right to for breach of promise
of marriage, she was at the time mar
red woman, according to the laws of Kentucky,
whereupon the Judge said "If Senator. after full
knowledge of her debauchery. consented to marry
her there is constitutional law against his doing
so. (Laughter) If the dish is served to court OF
Justice it has to be partaken Of There was no dis
nIa hal ff he tokn
in. Ioverrule the motion. am not afraid they are
going to run away with justice when have the
reins Adjourn the court. uaughter.)
During the time Justice Cartier delivering his
opinion it was the impression that he would grant
the motion and end the case, but when he said he
overruled it the excitement in the room was intense,
and the opinion general that there was nothing
left prevent the from going to the jury early
next week.
PROCEEDINGS OF THE COURT.
At the opening OF the Olver-Cameron trial this
morning General Butler said that the first question
to be settled was whether or any of the commu-
ncations made by the plaintiff to Mr. Riddle were to
be stricken out. The defence had reserved
exception. Mr. Peters preferred to hold the objec-
tion originally made as he thought it one OF
considerable Importance to the Bar ;
This Court said it should hold that all Of the COM
muncatons made by the plaintiff TO Mr. Riddle.
excepting those to be given to Mr.. Cameron, came
under the rule and he should instruct the jury to
disregard the testimony to that extent.
The announcement was productive Of lengthy
called the attention. of the Court to the case OF the
Connecticut Mutual Life Insurance Company
schafer; in 4th Otto, in which it was said there here
q decision that would be q precedent for this
ruling. He pointed out what he claimed to be the
>srange and remarkable fact that Justice Bradley had
delivered an opinion ON paragraph s2s OF the Re
yised Statutes and statute of the State of Ohio,
while. when he came to examine them. they were
just the in text and meaning to the construc
ton given them by the supreme Bench.
Mr.. Peters started out by saying that he did not
think this the place to introduce State rights.
AT xyba wa lone in an
here II they to fight Fort Fisher and Big
Bethel over again he would like to know 1t, but
these matters did not belong in the case.
General Butler believed that he had avoided in the
his part anything like vulgarity. He did not
that it necessary to introduce his military
history during the rebellion into the cause. II it
was, then he would abide by 1t, and he thought 1t
the gentleman Mr. Peters, lwho spent considerable
portion of his time i'll the Old Capitol Prison.
traitor to his country.
Mr.. Peters denied that he had been vulgar He
was gentleman and knew the requirements of one
and would allow no man to cast aspersions upon his
character without refutng them.
General Butler replied that anything was vulgar
which introduced into case that did not belong
TO belitte party in the cause for other purpose
than the effect it might produce.
The Court adhered to its decision previously made
THE NoSsUIr PROPOSITION.
General Butler said that he should now Ask for
nonsuit. In where there is no conflict of
testimony and where 1t is all way, the Court
applies the law and dhects the verdict His first
proposition that the receipts put in evidence,
competent testimony. they were a bar to the case.
On this point he read numerous authorities. Eng
1ish and American. to show that acceptance OF the
profiered money, which had been previously de-
manded and subsequently receipted for, in full
accord and satisfaction for all demands His second
proposition that IL was neither controverted nor
denied that the plaintiff. late September, having
a claim of uIlliqudated damages for what she
called injury done her, called upon Mr.. Cameron.
through Mr.. Riddle. to settle. and after many
days waiting sum was paid her. to be considered
in full for ali claim she might have upon Mr. Cam
Arnn Mr. lie fpSt tHcsf Ira ivera m arcd
At his Office after the negotiations, and taking some
OF the money gave receipt in the nature of prop
the woman to keep away from him and his family.
Let him alone. and write letters to him. then he
would agree to give the.s 900. He did 1t to pur-
chase peace of mind.
WHY MARY ANN GOT $780,
II was with this understanding that she paid
the $500 and gave the rec'ipt covering all these de-
mands Then matters went to January ~, twenty
-four days before the commencement OF the suit,
when Mrs Oliver took the balance OF the $1,000 and
signed receipt this effect ~ Received of A. q.
Riddle 1885, balance of $1,000, in full all claims
consulted nine attorneys about her case evidently
believing that in the multitude of counsellors in
stead of counsel there was strength Mrs Oliver had
not returned that money. netfxr had she made any
movement looking to that end. nor had she rcpudi-
ated the receipts made by her before the COM
She had written contract against MFR. Cameron
that must be settled. They had advanced the point
that claim could not stand where there had been
full accord and satisfaction. The party had paid his
money for all that demanded and. being
ceved Tor all therefore 1t must be tor all and couse-
quently there facts for the jury for what
was there to trouble them about to take up the
further time of the Court in going deeper into
the investigation! Here full release,
given after months of investigation. which was
hot coptroverted by testimony impeached.
He thought the Court should, under these circum-
stances, Withdraw the from the jury. He be-
-leved 10 had that power.
The Court-Ihere is no doubt of the power.
Mr. Darneille maintained that the defence, to pur,
sue this course, must set II out ia the pcadings
Ii they wanted to mako the receipts bar to action
ham = nRn at "A I'm 10 IN nngv
The argument took a wide range and consumed
considerable time. The Judge Interrupted the coun-
sci and said he did not entertain any doubts his
power to Withdrew the from the jury but what
he wanted most 80 hear something more about
the receipt. II the presentmcnt here to stand
upon the written receipt alone then he would settle
the case very quickly, but what he wanted to know
was whether not there anything controvert-
Ing the stateme ns laid down i'm that receipt Unless
lhere was he should hold IL bar to this action. A
secess OF half hour taken to allow the plain
tfs counsel time fortify themselves. IL possible