Omaha daily bee., 1883-04-21
YES, We KISSED"
Miss McL0an's Emphatic Testi-
mOny In Her Own Defense.
Progress Of the Novel Breach
of Promise Case in Staten
Island.
Lovers Quarrsls and Jsalousiea-A
Cousin" Was Near.

Lovers Quarrsls and Jsalousies-A
Cousin" Was Near.
New York Journal, April 10.
The court room In which the
Staten Island breach of promise suit
Is being heard was crowded to its
fullest capacity. Both Barwich and
Miss McLsan were tardy In making
their appearance. The floral adorn.
ments Of Miss Mclean were very
elaborate. At every movement Of
the fair defendant a tender vine of
smilax tremblod on her corsage.
Brwich, Who claims $40, 600 for her
refusing to marry him, looked some
what pale, but his eyes were bright
and he evidently seemed quite
hopeful. His lawyer, Mr.. Hook
stadter, announced that he
had closed the case on the
direct examination; and Mr.. Killian,
for the young lady, promptly moved
that tho referee dlsmiss the suit on
the ground that the plaintiff had not
sufficient cause for continuing the &C.
tion. He also said that after the en-
gsgement had been broken on Sun.
day, January 28;h, II was mutually
renewed next day. In reply to this
Mr.. Hockstadter said the agreement
had been broken again. Discussion
on these points way prolonged at
length, and Mr.. Killian insisted that
the contract between Barwich and
Miss Mclean had been renewed ON
the day following the breach, and the
action vas therefore premature. Mr..
Ktllian then opened the . for the
defense. He said he would show that
THE TIME FOR THE MARRIAGE
had not yet arrived, that after the be-
trothal 1t was agreed to modify the
engagement. The plaintiff had not
suffered In reputation oa health to the
extent of more than one cent damages,
and the defendant was requested to
give particulars OF such damages.
The defendant was then called to
the stand, and testified ~ follows:
''Do you remember meeting the
plaintiff on Sunday evening, January
%. 1882
"Yes; I had q conversation with
him at that time; he left the house
to catch the 6 o'clock boat. We
parted friendly, and he said IL he
missed the boat he would come back.
Taere had been q gentleman visiting
the house that afternoon, and I intro
duoed him as my cousin. He did not
find the boat, and when no returned
to the house he asked me ON which
side of the family the gentleman was
related-my fathers or mothers side.
l replied that what 1 had said about
It was only o joke. At this
HE GOT EXCITED
and arose from the sofa and said
twice, Our engagement Il broken!'
Very well,' I said, here Is your
ring He took It and put It In his
pocket. At the same time he took
off a locket and watch chain that I
had given him, and laid them on the
table; also o pair of gloves I had
given him. l then went into the hall
and informed my cousin, Miss Lily
Hall, that he had broken the engage
ment."
"Was he present all this time2"
eyes, he was there and did not
say anything just then, but later he
remarked that I had better pay my
brothers dsbss."
"What did you sayT"
~ replied that I was not my
brothers keeper; that he (the plain
tiff should 60 to my brother"
"What did BArwioh say when he
left2"
He babe good. bye to every one In
the room. He offered to shake hands
, with me, but I refused. I did not
touch the locket or chain after he
went away. My cousin took Them
what did you do with the
~gloveA7'
II threw them into the hall, AND
told my cousin to remove them ani
r put them Into the kitchen fire."
a This portion Of Miss MoLsan's tes
timony was given with great vigor.
HER EYES FLASHED,
her face cleaned with crimson, snt
. she emphasized the words, II hat
no use for them"
' odd you see Mr.. Barwiok on Mon
d"yT
to the house. ] went down stair
! when his name was announced. FL
spoke first and said, Good morning
Rebecca.' He continued, saying this
he was very sorry for what had oc
Cured on the night before; that W
n had better renew the engagement an
@ turn over q new leaf. I sal
a I would, provided he woul
a char 90 his conduct and conversatio
towards my friends. He objected
them, ON the pround that they mon
Z opolized my time. He also said b
thought We o,uld come to some so,
of an agreement. He admitted /
had been excited the night before, |,
there was q reconciliation betwee
u.s."
d ibid you kiss2'
le "We kissed, but
es IDoN'T REMEMBER
" who kissed first. He said that h
q was jealous. l told him that m
TX friends should not trouble him an
he more. He left ON the 8 or 4 o'cloc
lit boat In the afternoon. i asked hi
y for the ring. He said he won
II bring 1t down on Wednesday.
to frat he offered to give 1t to me as
of token of friendship. said Il new
a. accepted a ring from q gentleman
on friendship
an At this point 1t was agreed to a
as joutn a further hearing Of the Oh
he until Friday,