Los Angeles daily herald. [microfilm reel] (Los Angeles [Calif.]) 1884-1890, 1886-02-20

Or knowledge married MISS Bennett
May 10th. 1884.
Ihe marriage Of defendant to Mis
Bennett is admitted.
The contract to marry plaintiff by d.
tendant Il denied.
Before charging you as to the law In
VOWED IN the issues here, will give yo
some rules by which you are to judy
and weigh the evidence. Your powe
OF Judging oil the effect OF the evidenc
Is not a. oitrary, but to be exeic ised wit
legal discretion and in subordination +
the rules OF evidence. You are no
bound TO decide In conformity with tn
declarations OF any number of witnesse
wnioh 90 not produce conviction In you
minds, against . less number, or agains
presumption or other evidence satisfy
ing your minds
Ia civil cases, ike the present, tn
affirmative OF the issue must be proved
and. when the evidence Is contradictory
your decision must be made according +
the preponderence OF evidence. BY
preponderance OF evidence is meant tina
degree OF proof which induces the mint
Of reasonable man to believe the on
side OF an issue IN preference to th'
other.
/ mat evidence Is 10 De estimated, mol
only by IT'S own intrinsic weight, bn'
ALSO according TO the evidence which y
10 10 the power OF one side to produce
and OF the other to contradict; and
therefore, II weaker and less satisfactory
str"n,,e, a = ~ ~ appsa,s III, sns
4, ~ nos,sr - ~ na,,,, ~ va s;a m
aesrsd psho',d H. a;ai Ry ,;sh J;.s"' s'
W. So sha :, 80 49, wiz, - ~, ass
IT, - 60 "a }.s a:,';,'9 aos
' .ao.s :. s"'s; an =. ~. ~ y
sn ~ ~ may .,;a eeo'e ~ wn III.
sny par - sa .,t e ',:a .ahy WY
ne anu WY a'spellese sns Mnols % y
sh hy par ~ - asy " ; usossse ~
~ ee,Se =. yoqs u ;;aa"sens' :; :.
.'ns~ 4, Ja.aass ..;,,f.it.. s a. $500 =,
~, sass s sa.;a; ~s.raat "a ~ T. y
he d;s,rnstsd IN otbsrs. md thar tsst;
,,,o,v sborId nat he sao.ntsd I'D 49,
,,ne.,, ., s ~ $3.50 oss.s;d, e aN e'
~ ", .hn.,i5 ss-ss,,,s,- s...,.;.;u. a, ~.
...t,,so,sr ',;s.S 80 do;na - o ens
Ia. Iii Z, $3.50 s;.,,,a..s aS -, III Nj
ssh '..;.r ~. IT, tass;esS . .ha;n 49, .s1
~ ;ntail;rs,,,s. ths;r ,nsnnsr svh;ls ~
| the stand: the relation they bear to the
cause. and the manner in which they
might be affected by the verdict; their
apparent desire to confine themselves to
~ tr,sh ~ ~ coIor their stasams,s -
az 1919 .., !. - ~, y. ia.I - ..oa
sea s.Prs =. .s ...I;s,, = ~ ~ a'o'.o
-. s;e III = ~ .os~chorstad H. atha. ~;
sa- - ~ IN 80 ath.s ay.;S.sat;an.
usnee = - - TX S.a ~" , H o,. tha
ton of their veraoity or credibility.
You are to Determine the amount OF
credence 10 which each witness and eacI
ststement Is entitled at your hands, a
reasonable and intelligent men.
In this State any unmarried male per.
son Of the age Of eighteen years, or MP
wards, or any unmarried female person
of tbs age of fifteen years, or upwards,
not otherwise disqualified, is capable Of
consenting to and concentrating mar.
riaqe,
Marriage l. considered In law as a
civil contract, by which the consent of
| the parties is essential, and like every
other contract. all that ia necessary tc
it's validity il the deliberate consent Of
competent parties to enter into presen,
agreement TO take each other for hus-
band and wife. II . man who is com.
petent to enter into such contract de.
| iiherstely promises to marry a woman,
and she reciprocates the promise, there
being no legal prohibition, and he after.
wards refuses to ratify the agreement
thereby made, he is liable to her for
damages for the breach Of the contract,
unless he shows good legal cause why
he should be exonerated from the full.
illmsns Of his promise.
| The next question 10 be determined
by you is, Did the plaintiff and defend
ant on or about the 18th day Of April,
1889, enter into contract to marry.
This fact may be shown by the testi
mony of the plaintiff or declarations Of
the defendant lii you should believe
from the evidence that the defendant
ever made such declare tions,l and in or.
irving ct your conclusion upon THU
point you may consider the conduct O
the parties towards each other; theil