St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-04-08

the violation of the contract and the
wrong committed, and may give. eX-
emplary damages.
Announcements of the contract to
third parties, with the additional hui
initiation to the plaintiff which its breach
under these circumstances constitutes,
may he considered an aggravation of
damages. The ability or inability of
the defendaut to pay cannot be con-
sidered a mitigating circumstance in
awarding damages.
If the jury finds the plaintiff was
chaSte save with the defendant, and
that attempts to lmpeach her character
were made not i'm good faith, but to con-
triye defense, they are to consider the
fact as an aggravation OF damages.
THE DEFENSE.
The prayers Of the defense for In
structions, which were read by MIR.
Shelby, were fewer in number. They
were in substance as follows:
Before the plaintiff can recover dam
ages the jury must believe that a con-
tract was entered into between the
plaintiff and defendant by which they
agreed TO become husband and wife. Ii
there was no actual agreement, state
ments made in the presence OF others do
not constitute promise of marriage,
and if made pursuant to mutual un-
Outstanding are not to be considered
evidence. The admitted improper re-
lations between the plaintiff and
the defendant and his support of
her are not to be considered
evidence of an engagement. The bur-
den Of proof of the engagement rests on
the plaintiff. The defendant having
been married on April 20, 1898, any
agreement made to marry thereafter is
VOID. Ii the jury fad that contract to
marry was entered into, and if they
further believe that the plaintiff was
guilty of laScivious conduct with other
men, such fact being unknown to the
defendant, he was by it released from
obligation to carry out the contract, and
this is SO whether at the time of his
refusal he knew Of such conduct or not.
If the jury find that there was con-
tract to marry, and the plaintiff by
threats or influence made the defendant
believe his life was III danger from ner,
lie is excused from fulfilling the con-
tract. If the jury believe that thefe
was a contract. but find that the plaintiff
was not without fault with other men,
the verdict should be for the defendant,
even if he knew of her fault.
Judge Bradley Takes a Hand.
The first argument for the plaintiff
was made 10y Attorney W. q. johnson,
and Mir. Shelby followed with the open
ing argument for the defense. During
the argument of Attorney Shelby Judge
Bradley inquired the meaning of ''lewd
and laSciviouS conduct" the term used
in the prayers Of the defense.
Mr.. Shelby responded that no man
was bound TO marry woman Of un-
chaste life, nor one whose conduct was
such that she might be presumed to
commit acts of Illicit intercourse if the
opportunity offered.
"What? Do you mean such conduct
as MIR. Julian referred to?" the judge
inquired.
Yes" responded Mr.. Shelby. IL
should think a person of that character
only needed an opportunity to commit
acts of uhchastity."
Suppose that he knew of such con-
duct with five parties and knowledge of
1t with sixth afterward came to him,
would that change the legal aspect of
the casc?: asked the judge.
Mir. Shelby replied that he would not
go 10 that extreme; that there might be
such conduct long passed and atOned
for and repented of.
EX-JUDGE WILSON.
There was a little passage between
MIR. Shelby and MIR. Wilson regarding
the part which Miss Pollard's threats
should play in the case. MIR. Shelby
said that threats which would justify a
man in securing divorce would also
Justify him in breaking a contract TO
marry.
Mr. Wilson contended that this rule
would not apply to threats made be-
cause of the defendants misconduct
and because of an exhibition by him of
a purpose to evade tile contract, and
that no threats made after the secret
marriage could justify ruling for the
defendant
The argument was closed by Mr.. Will
son for the plaintiff. All the speeches
were on the legal points involved in the
prayers, and counsel agreed that in
some respects the case was unique
one. The argument was significant in
showing that The defense does not in
tend 10 set up as legal plea that any
of the promises made by Col. Breckin-