The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1893-05-24
FAIR FAME AT STAKE.
Mrs. Toner'S Suit for SLAM
der Against SuDerinten-
dent Smith.

The suit of Mrs. Annie Toner, a widow,
of Bayonne. against Superintendent
William II. Smith of the Bayonne Gas
| Company, for $500 damages for SANDER
| was tried before Justice Puster aud a
Jury in the First Distri ct Court today.
Her counsel Esaid that she brought The
suit to obtain vindication rathe r
than with the iaea tof pecuniary compen-
sation. Mrs. Toner looks to be about
thirty-ive years old and has two children,
uine and five years old. She is pale and
has brown eyes and black hair. She
was neatly dressed in garnet n q pretty
has. The court room was crowded
when the trial began, Lawyer Demorest
OF Itobsson 81 Demorest, who appeared
for the defendant. announced that the
testimony wonid bring out language SO
I vile that tine spectators would not ike TO
hear it. and Mr.. Benny, of the Benny
Brothers, the plaintiffs counsel, eau
toned everybody that they would
remain at their peril. Several women
| withdrew. Justice Puster remarked
that he didn't think the LAWYERS feelings
would be hurt. About a score OF them
remained and gave interested attention.
THE ALLEGED ISLANDER.
Lawyer Benny outlined the plaintiffs
| case. She was engaged to John McCar-
| tin, an employe of the Gas Company. On
| January % last she called on McCartin at
half past seven p. NJ, in the Bayonne
Gas Company's works. Tue gas was
lighted. McCartin was sitting on ner
knee when Smith came lnto the
room. saw her aud said, Get
out" She went. Then Smith turned to
| McCartin and pointing to the latter's
belt. which lay by Smiths rubber coat on
the floor, said, sack, there's your belt;
that convicts you" he maze
| an accusation against McCartin
| aud the plaintiff, whicn the counsel
repeated and thereby justified his caution
| &c the spectators against ulV Language =
| Smith told McCartin that Mrs. Toner
was not a respectable woman, and thai
| McCartin twas not the first man she had
compelled TO cave the CITY,"
MRS. TONER'S STORY.
Mrs. Toner was the first witness. She
had been a widow four years when she
became engaged to McCartin on Chris
mas Day, 1892. The engagement was
broken on January 20 by McCartin, who
told her that he was not going to marry
a reprobate. Smith had told him, he
said. that she was a common street
walker. He wouldn't marry her
Tor $40, 900, unless she would vindicare
herself, but he would spend $50 to help
her clear her good name She toid him
she would make McCartin prove his as
sertion.
WHY SHE VISITED M'CART1N.
Mrs. Toner said she was sick In Janu-
| airy, and thought she would go to see her
mother in Newburgh. McCartin was
| going with her on January ~, but he had
| to work in another mans place that
| night. She went to the gas works to see
| him about going to Newburgh.
| some other day. When she entered he
gave her a chair. sat on her knee and put
| his dirty hand on her shoulder. She was
| cold and he put Smiths rubber coal
| about her shoulders. He turned down
| the gas, and then Smith came In ana Or
| dered her out. The shutters were not
| closed.
John McCartin told a story that sub
| stantially agreed with Mrs. Toner'S. He
is a short, thIoh-set. middle aged man,
with heavy black moustacne. He testl-
| fed to the alleged slande rous words. aud
said that he was discharged by Smith on
account of the incident with Mrs. STonsr
a week after its occurrence. he Is now
employed in New York. =
The defendant, William Fl. Smith, ssid
he noticed in January last that his rubber
coat which hung in the room in which
McCartin worked often looked as though
iU had peer placed on the floor. His sus'
| piclou was aroused. Ia the evening OF the
22nd. he heard a noise in McCartin' IS
room, and enter ing found the gas turned
down. He heard a rustling and saw
McCartin turn up the gas. His coat and
McCartin's belt, an old suspender, lay
upon the floor, n near them
stood Mrs. Tner. He denied
that he called Mrs. Toner a hard name,
but he discharged McCartin because OF
what he saw that night. he had heard
about two wears ago that one Shea had to
leave Bayoube on Mrs. Toner'S account.
AT fifteen minutes past one the court
took a recess.
MIR SHEA's TESTIMONY.
After tile recess, William Shea was
placed upon tho stand for the defendant,
lie testified that Mrs. Toner wanted him
to mary Her very badly, but thai
he did not care to. He did noI
know anything against her character,
Witness said that he left her three years
ago on st. Patrlck's Day and has not
seen her since. He took no Improper
liberties with her. She wrote to hin
from some hospital asking MIN to com
and see her. Witness did not know what
hospital. She sent letters TO MIN which
were not of the best sort.
Mrs. Toner. in defence said that she hat
not asked She to marry her. Shed
never lave the cheek to ask any
Bernard Toner, her dead husbands
brother, testified that he had heard that
Mrs. Toner'S character was lone the
best.
aAt three o'clock the lawyers are sum
| ipr nm