The Owosso times., 1881-11-04


long after this Lula obtained per-
to visit school friend at
Monroe, where she was expected to
remain some little time, and when she
was gone, Ross asked and obtained a
short vacation, ostensibly to visit
Hastings where he had once resided.
AS the Whites knew that his life at
Hastings had been disreputable, it
seemed to him a proper thing to
request the prayers of Mrs. White that
he be saved from temptation, and he
made the request. The road he took
to Hastings, however, led by way OF
Monroe, where he stayed several days,
making suit to Lulu, and pressing her
for an immediate marriage. She con
scented after time, ON condition that
the marriage should be kept a secret,
and that she should return to live
with her parents for a year. The
marriage took place, and he then went
on to Hastings. She accompanied
him as far as Kalamazoo where she
made another visit. He returned to
Owosso alone, and called upon Mrs.
White to let her know that her prayers
had been effectual.
When Lulu returned to her fathers
Ross, instead of concealing the mar.
rage further, announced it to the
parents and produced the certificate
1t was great shock to both, and the
father would not believe it until The
daughter had confessed the truth
What took place then is differently
related by different witnesses. There
is some evidence that White, when
Ross proposed to have Lulu i'm
mediately go away with him, said in
great passion that he would shoot
them both if she did, but the evidence
is very clear that before the interview
was over he said in substance that i.
she remained with her parents a week
and after that time decided to &c
with her husband, the doors should bt
open to her, and no obstacle inter
posed. With this understanding she
remained. The evidence is abundan
that before the week was up, Lulu hae
determined not to 60 with Ross
avowed that she had been deceived b,
him, and expressed the most decidct
repugnance to him.
There was no evidence whatever il
the case that the Whites exercised an,
compulsion to prevent their daughte
going with Ross, or that her refusa
to live with him was not voluntar,
and decided. The evidence on which
the plaintiff relied for r. Covery con
sisted in the account of the interview
at the time the marriage was disclosed
and subsequent statements by Whit,
respecting the worthlessness of Ross
character. One witness also testified
that the parents on one occasion
stated that they thought the daughte
ought to have married man in som,
other employment. AS neither of tn,
Whites made use of any languag,
concerning Ross which his life ant
conduct had not invited, and a
neither compulsion nor solicitation
was shown, it is to be presumed tn,
Court would have instructed the iur,
there was no case Tor their considera
ton had the counsel requested it
| Hutchinson VS.. Peck, S Johns Io6
Bennett VS.. Smith, FL Barb. 43o
Payne VS.. Williams, 4 Baxt. sa3]. L
would be strange indeed if the parents
must keep silence under such circum
stances, or clothe in terms of respec
their expressions of outraged feeling
when even strangers might be pardonec
for denouncing the conduct with free
dom. But we think one error was com
mitted in the case in the reception o
evidence, which was almost necessari
ly misleading aid injurious. Ross die
not see fit to put his wifeon the stano
as a witness, and there is abundanr
reason TO believe that if he had done
so her evidence would have been dis.
astrous. But he Sought to prove tha
Immediately before and imnediatel,
after the marriage she expressed af
lection for him, and this he was suf
fered to do by his statements and let.
tiers. In that indirect manner he OBJ
tanned the benefit of his wife's evi
dence in his own favor, without sub
jecting her to cross-examination, OF
giving her the opportunity to testify
to all the facts. There is no principle
on which expressions, thus made in
the absence of the defendants could
be admissible; they were no part of
the res geshs; and the plaintiff was no
more entitled to them than the defend.
ant would have been to put in declar-
atoms of an opposite character. They
were not admissions made by party,
but were in every way res inter alias.
Some Of the instructions of the Cir
cult Judge are complained Of, but as
in our view there was no case to be
submitted to the jury the instructions
are immaterial. The judgement must
be reversed with costs and a new
trial ordered.
T. M. COOLEY,
ISAAC MARsToN,
b. +. GRAVES,
]. V. CAMPBELL.
l certify the above to be true copy