The evening world., 1893-07-03
MISS ESTHER JACOBS.

- d i
Judge Freedman handel down the de0s1eob
In his opinion he referred 70 the charge -
the jury by Judge sedgwick, upon TIE 0iAg
OF the case with regard TO the nnding of e.
emplary damages Judge Sedgwlck saids
"If you fnd that the defendant haD
wronged the plaintiff purposely and inteA-
tionally, II you md his conduct malicious
you are bound to give what arc called ex.s
emplary damages; In tbs first place sueh sum
as you think It is proper for the malice OF the
conduct In the second place, II he Is guilty,
as an example to prevent other men In iiks
cases attempting the same thing"
Judge Freedman says in regard to rhis
portion OF Judge Sedgwicks charge " This
deprived tho jury OF all discretion upon the
question whether exemplary damages should
or should not be given. They were told thas
IN case they found the defendant guilty they
were bound TO give exemplary damages
Such is not the law.
"The conclusion is therefore unavotdAble
that the instruction given to the jury In thls
case upon the question OF exemplary dam
ages was erroneous. Upon q careful exAml-
nation Of the whole case, am unable 70 sav
that no prejudice to tho defendant resulted
therefrom. The error was radical one and
presumably worked substantial injury % ths
defendant"
The story OF the trouble between Miss xSe
ther Jacobs and Henry b. Sire which resulted
In the young woman bringing suit for 100000
for breach OF promise interested court no.
quenters and the public at large . year ago
The prominence OF the defendant - man
about town and wealthy real estate operatoes
as well as the popularity OF Miss JAcooe -
vocal artistic who had at the time OF hee
meeting with Sire acquired An envtable repus
talion or the concert stage, made the case
one OF general interest.
Miss jacobs met Sire on New Years DAY.
1887, at her fathers mouse, l22 West Ninety.
duced the pair. sire was at once struck with
Miss Jacobs's beauty aud mplishmenta,
and continued his visits 70 the house unsn
May Of that year. when MISS Jacobs wens
She returned the following september, hay.
ing corresponded with Sire while she was IN
Europe, and on her return he called twice
On On Nov II, 1887. according to Miss u.
cobs's own story, Sires mother called ana
begged Esther to DO her sons vile. A NV
evenings after Sire came him sell ana maoe
q proposal OF marriage.
lie said he had an enlargement with .
woman. as many wealthy young men nAos
Esther promised 10 be- his wife. sire prom.
ised TO furnish moor In his mothers housA
o2 West Ftfty-ninth street, ana take her
there 10 i've Aiter Vnty were uMIteu-
Sire paid ardent court after that. and wrote
letters which were somewhat master-oi.mce
Tor love mtssiveS
one night. while sitting together on sota
in her fathers parlor, Miss Jacobs was much
frighIsued oy the entrance OF rather naenn
liy-dressed woman, who stormed AROUND the
room ana called loudly Tor her heury, nor
friend OF ten years." to leave Esthers ssoe
and come with her.
The woman was inally persuaded 70 leave
the house after having denounced sire As .
:. bad. wicked nun who was trying 10 case
her on and war sing Esther not TO marry
him.
Alter this when pressed by Miss Jacobs 20
name the time for the marriage ceremony
sire would only say II would 10 within Gar.
IL was only after Sire's letters and yin!te
became few and far between and then nnally
stopped altogether that MISS JACOBS uecamo
satisfied that her lover was irillng WIN nSs
and she brought the suit LOT ~oosoov
damages