Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1883-04-21
LEGAL BALM
For the Wounded Affections of Mr..
Barwick,
WHO WAS JIlTEp BY MISS MlEAN
They Kissed, but Miss Mclean Dom
Remember Who Kissed first-A Man
Tries to Hire Doctor to Kill
His Insane Wife.

NDw YORK, April 20.-The court room
in which the Staten Island breach Of prom.
ise case is being heard was crowded to its
fullest capacity. Both Barwich and Miss
Mclean were tardy in appearing. The
floral sdornments of Miss Mclean were
quite elaborate. At every movement OF
the fair defendant tender vine Of smila1
trembled on her corsage. Barwich, who
claims $4,000 from her for refusing to mar.
ry him, looked somewhat pale, but his eyes
were bright, and he evidently seemed quite
hopeful. His lawyer, Mr.. Hochstadter,
announced he had closed the case on the
direct examination, and Mr.. Killian, for
the young lady, promptly moved that the
Referee dismiss the suit, on the ground
that the plaintiff had not sufficient cause
for contin uing action. he said after the
engagement had been broken on Sunday,
January %, it was mutually renewed the
next day.
In reply to this. Mr.. Hochstadter said
the agreement was broken again. Discus.
sion on these points was prolonged, and
Mr.. Killisn insisted that the contract be.
tween them had been renewed on the day
following the breach, and the action was
therefore premature and should be dis.
mlSStu. MT. hlIlIdu lucu Upcucu tuc Ctso
for the defense. He said he would show
the time for the marriage had not yet ar
rived, that after the betrothal ii was agreed
to modify the engagement, that the plain
Tiff had not suffered in reputation or
health to the amount 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 as follows:
do you remember meeting the plaintiff
on Sunday evening, January 2S, lSs3?'
"Yes, ] had conversation with him at
that time. He left the house to catch the 6
o'clock boat; We parted friends, and he
said il. he missed the boat he would come
back. There had been gentleman visiting
the house that afternoon, and | introduced
him as my cousin; be did not find the
boat, and when he returned he asked
me on which side OF the family the gentle.
man was related, my fathers or mothers
side. replied what said about il was
only joke. He got excited and arose
from the sofa, and said twice, Our en-.
here is your ling He took it aud put it
in his pocket; at the same time he took of
locket and chain that l gave him and
laid them on the table, also pair OF gloves
! gave him. I then went into the hall
and informed my cousin, Miss Lille Hall,
he bad broken the engagement
WAS he present all this time
"Yes, he was there and did not say any
thing Just then; but later he remarked |
had better pay my brothers debts!''
What did you sayH
II replied that / was
Not MY Brothers Keeper:
that he, the plaintiff, should go to my
brother"
"What did Barwch say when he left?"
"He bade good by to every one in the
room; he offered TO shake hands with M"
but refused. i did not touch the locket
and chain after he went away. My cousin
took them"
"What did you do with the gloves
81 threw them into the hall, and told my
cousin to remove them and put them into
the kitchen fire, as ha no use for them y
This portion OF Miss McI.ean's testimony
was given with great vigor. Her eyes
dashed, her face glowed with crimson, and
she particularly emphasized the words, 81
had no use for them
Did you see Mr.. Barwich on Mon-
day
"Yes, about II o'clock he came to the
house. ] went down stairs when his name
was announced. lie spoke first, and said !:
Good morning, Rebacca.' lie continued,
saying he vas very sorry for what had oc-
CURED on the night before; that we had
better renew the engagement and turn over
q new leaf; | said i woulc, provided he
would change his conduct and converse.
tion toward my friends; he had objected to
them on the ground that they monopolized
too much of my time; he said he thought
we could come to some kind OF agreement;
he admitted he had been excited the night
before or he would not have said what he
did, so there was reconciliation between
US"
did you kiss"
1--WE kissed, but don't remember who
kissed first; he said he was jealous; told
him my friends should not trouble him any
more he left on the or o'clock boat in
the afternoon; asked for the ring; he said
he would bring it down on Wednesday; at
first he offered TO give it as a token Of
friendship; said, / never accepted a ring
from gentleman in friendship