The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1894-12-28

punitive damages, and they are given
for the purpose of Furnishing the
guilty party for gross violation OF
his contract and as an example to
others, but / instruct you that in this
case that no damage but actual or
compensatory damages can in any
event of the case be assessed against
the defendent. In this case if you
find the plaintiff entitled to recover
at all against the defendant, she is
entitled to recover all that she has
lost directly by the failure of the de-
PENDANT to fulfill his promise of mar
riage, if such there was. For this
purpose you may take into considera-
tion any proof of the financial condi-
of the defendant and his social and
business standing and inquire what
rights and privileges she would have
acquired had such promises been kept
by the defendant, and also any injury
arising from mental anguish, mOrtifi-
cation and ridicule she has suffered,
if any she has suffered, by reason of
the failure of the defendant to keep
his promise of marriage subject to the
right of the defendant to have plain
tiff's claim of damages on account of
mental suffering and injured feelings
mitigated and diminished by any i'm
moral and unchaste conduct alleged
and proved against the plaintiff, if
any such has been proved in the case.
st is not for the Court to tell you
what has been proved as to any i'm
moral and unchaste acts of the de-
PENDANT subsequent to the engage
ment of marriage in question.
1.-THE defendant has introduced
much evidence having tendency to
show that the plaintiff led an eXcep-
tionally immoral and unchaSte life
subsequent to the time that plaintiff
claims that the engagement to marry
was entered into, but what has been
proved in this regard and what has
been proved on either side bearing on
the question of damages, are ques-
tions for you to determine from all the
evidence in the case.
"Whatever has been asserted as to
her immortality by the defendant has
been denied by her. In determining
take into consideration the whole of
the evidence and all the facts and Cir
cumStanceS proved on the trial, CIV
ing to the several parts of the evil
dence such credit as you think they
|
weight to be given to the testimony
of the several witnesses, you should
take into consideration their interest
in the event of the suit, if any ap-
pears, their conduct and demeanor
while testifying, their apparent fair
ness and bias upon the stand when
such appears, and their appearance on
the stand, the reasonableness of the
story they tell, and all of the circum-
stances tending to contradict or cor
rObOrate the evidence of such wit
nesses, if any such are proved.
"The first question for you to con-
slider in this case is, was any promise
of marriage ever made between
the parties after the plaintiff pro-
cured her divorce. And in consider
ing that question you have right to
take into consideration the character
of the plaintiff at the time she met
the defendant, and the fact as she
herself admits that she was then an
inmate OF house of prostitution, and
you have right to consider this
question in the light of that fact, and
all the other facts and circumstances
of the case, and from that determine
in your own minds whether the de-
PENDANT under those circumstances
would or would not be likely to pro-
pose marriage to a prostitute and
known by him to be such, and unless
you find from all the evidence that
the defendant knowing the character
of the plaintiff to be what it was, that
of prostitute. proposed marriage to
her and she accepted it and their
minds met and it was mutually and
in earnest agreed between them that
they would marry each other, [ say
unless you find there was such an
agreement, seriously made between
the parties, then you need not con-
slider any further question in the case,
but your verdict must he for the de-
fendent. But if you find that such an
agreement was made, then you must
determine whether by her subsequent
conduct she has done anything by
which she has released the defendant
from the contract. A man can make
a valid contract to marry his own
prostitute and if he breaks that
promise he is liable to her in such
actual damages as she has sustained
by reason of the breach; but if a man
knowingly promised to marry an un-
chaSte woman and that woman dur
ing the existence of the promise
prostitutes her person to any other
man than him and such conduct is
not cOndOned, then such conduct on
the woman's part discharges the man
from the promise, even though he
knew when he promised to marry her
that she was not a virtuous woman.
''The plaintiff admits that at the
time she became acquainted with the
defendant she was then an unchaste
woman and was an occupant of a
house of prostitution, and she testifies
that after she became acquainted
with him and some time in the fall
OF 1888, or the spring of 1889, he pro-
posed marriage to her; that she was
then married to man by the name
OF McNamary; that she accepted his
offer and it was agreed between her
and the defendant at that time that
the plaintiff was to get divorce from
her husband, and that when she pro-
cured the divorce she and the defend
ant were to be married.
'"The plaintiff claims that at the
time the defendant first proposed
marriage to her, some time in the fall
of 1888, or spring of 1889, her past
life was discussed between them and
she then agreed with the defendant
4 hn