The daily morning Astorian. [volume] (Astoria, Oregon) 1883-1899, 1894-03-11
FOUND FOR DEFENDANT
The Jury Decides That. Mrs,
Wallman Was Not Hurt.

room yesterday morning to listen to tn,
continuation Of the S25, 5,OOO-breach-of
promise suit Of Eva wallman VS.. Theo
dore Bracker.
The attorneys had had a lively tilt OF
Friday, and it was expected that the
evidence would be rather interesting, as
the trial proceeded, and those in attend
ance were not disappointed. The attor-
neys were a little bit slow in showing
up Mr.. f. d. Winton the plaintiffs at
torney, arriving first. He evidently ex-
pected to cross-question some of the
fair sex during the day, as he was clean
shaven, his tailor suit well brushed and
his Fridays cuffs turned. None ap-
peared, however, so he had his trouble
for naught.
Theodore Bracl1er, the defendant, was
placed on the stand, and stated he had
known Mrs. Wallman for about four
years. that about year ago last Janu-
airy he went over to her house to help
her fix her stovepipe, as the stove did
not throw out enough heat. They fixed
it all right he thought, but he dropped
in the next day to see If it was draw
ing, as a good stove ought to. 1t was
this day that she put her arms around
his neck, and cOhl Theodorep) kissed
him. He stayed a little longer than he
did the day before, but as she had only
loose wrapper on she cut his visit
short, but invited him to call again.
The unluclSy stove, though, wouldn't
warm up, and so Theodore had Eva
move down to his house and stay until
the weather got warmer. After she had
been at his house for two days, he
came home at night, and finding her
bedroom door ajar, went in and stayed
until morning He never promised to
marry her, and all she asked him to
promise was that he wouldn't give her
away, and he didn't.
Their relations were kept up until
June, when he concluded to break them
off. She objected, and claimed that she
was soon to become mother, He told
her if this was true he would do the
square thing and marry her upon the
birth OF the child. She threatened to
send him to states prison if he didn't
marry her. They went together to
Judge Taylor, and the judge told him it
was matter for him and the woman to
settle themselves. He afterwards sent
his brother-in-law up to her house with
5000 to settle it, so as to avoid pub
licity. She never had child by him,
90 he still refused to make her Mrs
4racker
On cross-eXamination he stated that
she first came to his house when the |
servant was sick, and then she made |
his house her home, He introduced her
to others, and at the request of his sis
ter made her present of an umbrella
He knew her about seven years. but not |
so much at first as he does now.
Mr.. Bracker was rather nervous off
the stand, occupying his time in twist
ing his handkerchief through his fin !
gers, and when the PLAINTIFF would look
mis- way his eyes would be resting in
tently on the pictures of the Goddess of
Liberty, which adorn the court room
paper, and are themsels a crime. Some
body surely worked the county on a
prize lot OF wall paper,
Mr Winterhalter was next called, and
in his anxiety to testify he seemed pos
sessed to get inside the judges railing,
and it took all the deputies and the at
torpeys in the court room to get him
nerded into ths Witness pax,
lie stated he was Theodores brother
in-law, and that he went with 5000 to
give to the plaintiff, so as to keep things
quiet in the neighborhood. Never heard
him say he was going to marry Mrs.
Wallmag,
A, g. Spexarth stated he knew both
parties in the suit, Mrs, Mailman hav-
Ing been in his employ in 1898.
In conversation with her Gust then
there was clash amongst the attor-
leys, and while Clyde Fulton was out
nNnting up supreme ceurs authorities,
mis- brother Charles got in his work on
Juryman Noonan by telling him little
Joke on the quiet It must have been a
good one, for Noonan in turn told 1t to
MS nelghbors, and soon all on the top
'pw were IN broad grin), she called
5raeker SONG pretty hard names, which
le felt so indignant about that he had I
o tell her to leave his house.
on cross-examination he said he had
ieen intimate with Mr.. Bracker for !
ears. but had never tcld Mrs Wall {
nan that Bracker had done him lots of I
ayors and he had to stay by him, /
Jsver advised her not 70 retain Mr.. t
rinton. but to get the best lawyers in {
'ortland and make him pay for it. q
a. scherneoHau was next called, aaa
tated that he never remembered i'd
ressing the plaintiff as Mrs. Bracker
nd if he did it was slip Of the t
orsue.
Mrs. Wallman, on being recalled, said
hat she never kissed Theodore first.
ia always did any kissing that was
one, and when talking Of her delicate :
10 him she never used any 4
rofane language. a
Mrs. Wallman looked over at Mr. c
sracker several times while on the
tand, but he was evidently figuring up r
he profit and loss Of things IN ;hls
ia.4d. as Re never SHE'D her q glance
> return. !
Argument was concluded about 40 |