New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1883-04-19
MISS REBEccA NC LEAN ON THE STAND.
HER RECONCILIATION WITH BERNHARD BARwICH-
NOT CERTAIN WHO KISSED FIRST.


NOT CERTAIN WHO KISSED FIRST.
The hearing in the suit for breach of prom
se OF marriage brought by Bernhard H. Barwch OF this
civ against Miss Rebecca Mclean, OF SfapletOn, s. H.
yesterday before Referee John Croah, at
No 229 Broadway. the presence Of large number Of
spectators That the vexatous delays of the last week
have been highly beneficial TO Mr.. Barwch proved
by the improvement in his appearance. He has grown
stouter since the last hearing, and he has recovered
some Of his lost color while bis eyes have reganed
q part OF the lustre that they possessed
when he won heart of his far but cle sweetheart
the long days OF 1882 Miss Mclean, who was
accompanied by TREND MIRA Taylor, had air Of
self-couplacent Indifference and hid the smiles and
bushes into which she occasionally forced in the
roses that she wore her dress.
Il was expected that tie counsel for tie plaintiff
would offer additional evidence but instead he de-
elared that ne had closed his case. b. Doran kIan,
the defendants counsel, thcreupon made notion 10
dismiss the complaint. upon the grounds that
the plaintiff had not shown sufficient facts
10 constitute n cause Of action, and that
upon his evidence alone the defendant entitled
TO q dismissal. 1.-THE plaintiff" he sad, " has rushed
into the maelstrom OF hurry that infcets our country
and has begin his action too Upon his tes
mony Mss Mclean after the reconciliation promised 10
marry him in May. Perhaps she may be wugto
marry him when the time Who knows An
engagement merely grants PERFECTED privilege
10 enjoy the lovers rights. Two dozen Ove-scrapes
would not make a breach of contract"
The plaintiffs counsel quoted authorities show that
an action might be taken before the time set for the
fuldmeut OF q contract If of the parties
to it refused to carry its provisions
"rhe defendant" he said, "broke the en-
,xarement on the Sunday night, and then again
II was renewed She is much ahead Of the plaintn
IN brains aud she Is much smarter than he Ia but she
has wifully and maciousy broken this engag .tnent.
The plaintiffs conduct In taking this action Is honorable,
and II is sensible than that lie should have
attempted take her life or 10 have committed suicide"
After some further discussion The counsel It
wss agreed for the plaintiff mat all testimony as to what
had occurred subsequent 70 January 81 should be with
drawn Then the referee decided That he could not
entertain the motion 10 dismiss. Mr.. KlIaD for the de-
fence, after few Introductory remarks, called Mics
Mclean. As she stood up TO take the oath al eyes
were fixed upon her, and there was
genera effort on the part Of those present
improve their position for seeing and hearing Miss
Mcitans face flushed little, 0ut sle did not seem 10
e tae least degrees dscomposed Her flashed de-
npon all within range o. her ysio ana she gave
IN low Tone Barwich stood up, with one foot on
sr so sr .,9 ss ~ S. nSe
., what Miss Mclean said. to the amuscment Of
Miss Miss ael.ssn remembered meeting Barwicb at her
xs,sd o ,ne snnasy Jsnaery 49, gentlemen had
aueed him 70 M Bsrwieh q, my cousin Later he asked
or y moiners as he WAS related 70 meny fathers
ose hsn 10 got exciles snl told that our engage
Dent vas groxea VERY WE'LL said here's your ring
anu ~ took on he Guam and otkes that gave him and
lald thsm ON Tue Liable called 20 LAZY Brown aud
SAIL: Ben has bfokep the eheagetDe,it, sbe tber
came fars and ne did not contradict the statement
~ was aIeepy yer tnat Tine that he said haa better
pay my kr0ters debts, and replied thnf was NOT INV
bio.hers keeper Ben said soodsy every body that
NE, but wouldn't did not touch the ieeke, and
eaaip. bat 1 asked my cousin to pat
Bso's gloves In the kitchen afe Il srw
him again Monday He then said that nc VISA very
cory for what had occurred night before and ,hst
We had better rencV contract. promised TO do 80
would change his conduct toward my friends come