New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1883-04-10
THE COURTS.
MR.. BARwrcHs FRIENDS IN SUSPENSE

MR.. BARwTCHS FRIENDS IN SUSPENSE
Bernhard II. Barwich's suit against Miss
Rebecca Mclean fstapeton s. l., In which he asks or
So 00G damages for breach OF promise OF marriage
advances slowly The hearing was resumed yesterday
afternoon before referee John Croa, at No. 229 Broad
way, in the presence OF large number OF spectators
The effect OF tho trial upon the persons inter-
esed is very different Miss Mclean ~ extract
from II fund OF enjoyment which contributes her
health. AS each witness tine stand. eyes him
closely for and then she settles back her
chair and prepares herself to enjoy the fun that
to follow. Her eyes sparkle with merriment aud
slonay she INDUCES in hearty laugh, while her face
reflects the rich color of the that fastened 10
her Jacket Bernhard the other hand. Is visibly
pining away. Whatever effect the disappointment at the
loss OF his sweetheart may have bad upon him previous
the beginning Of the examination Is certain that
the suit advances ne suffer- punishment Yesterday the
color had faded from his cheeks and his complexion had
assumed yellow hue lie looked haggard. bouOw-eyed
and eversh aud ghost OF his former self Every
body noticed the change, including the referee who
commented upon 10; bat the aithless one maintained
her attitude OF studied Indifference toward him who
only a short time ago her Darling Ben"
The witnesses examined testified to the damage that
Bernhard had sustained through the breaking Of tue
gagement. Thomas Davis, sporting man. had seen
Barwch on the Coney Island road about year lie
then looked robust and hearty, and weighed probably
Us pounds. He a younger looking man by ten
years than he appeared 10 be now CrOss-examned by
Mr. Klian the witness that he could tell what
disease Barwch suffering from, as he had never
had ten words Of conversation WITH blnL
John T. Davis the next witness. diselaimed all rela-
tonshp with the previous witness and said that he w@
the keeper of gin MILF at Bath L. lie had known Bar
wch since 1879 and he Of good character and repu
tatiOn. Previous 10 the beakiDg OF the engagement
Bernhard was a nice, young looking man WeishIi3
probably $50 pounds. in whose company ne was ptonn
10 be- But Bernhard seemed to be suffering IRON
spell Of sickness Under crosse Examination tie wines
said that Bernhard used to have plenty Of fun IN him.
and drank nothing-nOt Long Island sods-w ster
There doubt in my MIND" continued the wllhesi
that is unfavorabe to the plaintiff But II u s proved
that he broke tine engagement my doubt VIII be SCI
straight. at present my mind Is N state OF waitng
Like the IrtshG.an who couldn't say whets ne Vas
drunk till he had heard tie evidence ehf asAed MI
Julian Ferguson lawyer and justice of peace at
Bath had known Barwch for four years lie haa good
reputation for truth. yeraeity and h0n ssty FROM q
strong and unusually healthy man. he had ensnsed or
Under cross-eXamnation by Mt hilnsn. tns
I'm second in a I2-hour walking match covering nearly
sixty-nye miles. He did not think that Bar"ich could
had better take to walking again and be will
John Hornet. OF Bath, had knoSn Barwich Tor i've
years Previous to January 1883, he looked strong
ness hardly him. The impression in Bah was that
Bsrwich TO begin this suit, and the witness
william Il. Smith. Of Grave.end. L. T.. had known
Barwch for four i've years; lie had had good repI-
was not that way when the witness saw him on
day. His opinion OF Barwch was held IN suspense iGr
the present lie would wait 10 hear all the evidences
the before he made up his mind as 10 the cnpap
ty OF Bernhard. IN a., ,,>,
Kian; but the Dst in the laughter that
ensed Upon application OF the plaintiffs counsel an
adjou then ta-en Till Friday morning al IL
o'clock.
MORRELL NOT BOUND BY HIS CIRCULAR.
The trial of the snit brought in the Court OF
Common Pleas by Mrs. Teresa ii. Hickey against John
H. Morren $4,000. the alleged value oil GER
tain paintings and other valuable articles stored by her
in the defendants warehouse which burned down In
ssh was continued yesterday Mrs. Hickey alleges
that among pictures stored with the defendant were
portraits painted by Joshua Reynolds Sir Peter Iey
Gilbert Stuart and others. Clarence Cook eshed tn"s
he had seen several years Mrs Hickeys pictures
He had recognized two Original ulleng;h portraits By
Blackburn The pictures in excellent condition.
The witness was ignorant OF their value however lie
WAS also ignorant the value OF pictures painted by
REYNOLDS OF Iely. Reynolds was, In the opinion Of
the witness the greatest painter OF portraits that even
lived
Iely Mr. Cook continued, an artist much inferior
10 REYNOLDS portraits OF rich and fashionable
people about the time Of Charles the Second Being
asked II Ley had not painted the best portrait OF OiYer
Cromwell and which was delcately executed IS
show his face, the witness replied tlat IN al
portraits Mr. Cromwell had had the honor OF being rep,
resented with a wart his e~e. Mr.. Cook spoKe OF
Gilbert excellent American artist, many
of whose pictures now IN Boston
George Earl, dealer IN pictures testified that the
value OF Sir Joshua ReynOdss pictures was very uncer
tain and depended the picture dealer ON the one
hand. aud the number OF buyers Oh the other MI
said that he mad sold Stuars portrait OF washing
When the plaintiff had rested her Judge DAILY
granted motion 90 dismiss the comlantOn the ground
the re-prOO qualities Ot his sOrehOuse were not Ond-
ug on him. bat TO be regarded As mere expressions
N opinion. The counsel ior MIS-. Hickey VIII appear
from Jddge Daily decision to the General Term