The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1882-10-05
A BREACH OF PROMISE CASE.
An Unusual Proceeding In IL South Caro-
lima Court.

The Luurcnsvillc WrnH gives the fol-
lowing particulars OF the interesting
breach OF promise ease tried at lAurCiis
last week in which Miss Belle Jones was
plaintiif ana Mr.. Irving Fuller WA, the
defendant:
y somewhat novel cusr, for tiiis section,
Sa= tried oi' The civil side al tl.c Court
last week. II was Il complaint for II
breach of promise of marriage. We
withhold the names Of the parties con-
cerncd, each of whom is highly respected
and well connected. The plaintiil is Il
beautiful woman, Of about twenty-five
summers. Tho defendant is quite Il hand
some young man. and ut the time Of the
engagement was Il widowcr. Paragraph
first of the complaint is as follows:
'"!!;;: ;;ii :H2 ..H:i day oi nucciber =.
ID. 1880, nt l.aurens G.. H., >. g., in con-
sideratiun that the rlaintitf, who WAS then
unmarried, would, at the request Of the
defendant, marry him on request, the
defendant promising. to marry tho plain
tiff within reasonable time"
Tho complaint contained four para.
graphs, setting forth the facts and gricv-
nnces, paragraph fourth claiming dam
ages To tho extent of $4,000. After the
reading Of tho complaint the defendant
put in an oral demurrer on the ground
that the complaint did not state facts suf-
iicient to constitute cause of action, in
this that there WAS no mutual promise al
legged on her part i'll said complaint.
Judge Wallace ovcrrulcd the demurrer,
and tho case went To trial In Iicientlant'S
answer to the complaint he admitted tho
allegation in paragraph first rs to promise
of marriage but denied the allegations as
to other paragraphs.
AT this stage OF the trial the fair plain
till, who had entered the court room at
the opening of the case, accompanied by
two other lady friends, Was put on the
witness stand. She made Il very cl,
tnined in the complaint, sustaining her
self, under the trying ordeal. with
marked compOsure and wouanly bear
ing and modesty. Attor II few questions
had been asked, large batch of letters
were introduced by her attorneys, writ
ton by tho defendant TO tho plaintiff,
maniiesting the warmest affection. AZ
ter the reading of the letters two witnes.
SEES were introduced, who testified rs To
the high social character and standing OF
plaintiff These witnesses were intcrrU-
gated ns to their opinion concerning the
amount of damages the plaintiff had Sus-
taiued. To this question the defence OBJ
jrctcd m improper, contendinE that tho
matter of damages Was ono wholly for
the jury to decide. His Honor overrulcd
tho objection, IT, which the dcfen,, noted
exceptions One witness thought tho
plaintiff had sustained damages to the
amount OF 5000 or $4,000. The other
witness thought, considering all tho facts
nnu circumstances-the plaintiffs char-
rcS of marriage being much impaired or
lcs>cned-thnt 900 was little enough
The plaintiff here rested her cause, and
the defence introducing no evidence, the
argument began. The plaintiff was ably
represented by Mcssrs. Ball Il Watts und
Col. }. W. Ferguson, tho defence by Col.
B. ID. Cunningham, assisted by Col. u.
X. Duncan. And VIC will here tuko oc-
casion to remark that the counsel both for
the plaintiff and the defence conducted
this delicate case with the utmost fairness
and courtesy. Col. Ferguson opened the
argument for tho pluirtiif, followed by
Cots. Cunningham and Duncan for the
defence. Col. Ball closed for tho plain
titl. Tho arguments were nli able Efforts.
After his Honor had delivered q fair and
impartial charge to the jury shat body
retired, and after an absence of auout ono
hour returned with verdict OF nine
thousand dollars for tho plaintiff Cuun-
sel for defence made motion for Il new
trial, which was refused. 1t is under
stood that the defence will appeal to the
Supreme Court.
Great interest was manifested in this
case. the Conrt-ronm hniny filled IN ito
utmost capacity, there scarcely being
standing room in the aisles. The an
nouncement of the verdict by the clerk
elected the first applause we ever heard
given here. His Honor instantly caused
its suppression, however, and order was
ut once restored.