Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1894-04-16
she GETS $4,000.
[ Continued from LIST page. !

1 eA]V @sSSeLo huBt Ac ANEW tAc pAoAhkAh y -
not chasse woman at the time OF his first
intimacy with her, the jury i, instructed
that even if they believe from the evidence
these facts TO be 80, that such facts would
not justify verdict for the defendant il
the jury believe that tie contract Of mar.
riage was thereafter made.
| 6-If the jury find from the evidence
that the plaintiff did tell defendant, as be
states, that she had bsen improperly init
mate with Rodes. and if the defendant
after the death of his wife, promised to
marry her, the fact that she had informed
him Of her illicit relations with the said
Rodes would not affect the validity of hi.
contract of marriage or furnish justification
for his refusal to keep said promise.
The jury are instructed that the fac,
which defendant admits, that be was secret.
" married without the knowledge of plain
tiff on or about the 10Th Of April, 1898,
after some of the promises alleged and be-
fore the remaining promises to marry her,
the plaintiff, does not constitute s defence
to this action, and is no bar or impedimen,
to the right of the plaintiff to recover.
s-If the jury find from the evidence
that the defendant was married on the 10Th
of April, 1893, and he kept, and caused to
be kept, that marriage secret, and there
after, and without disclosing the fact of
that marriage, he promised TO marry the
p'a;ntif, or repeated or avowed a previ-
0usly made engagement of marriage with
her, such secret marriage would be no de-
fence to this action.
| S-The jury are instructed that, If they
| find for the plaintiff, in estimating damages
they are TO cor slider all the facts in facts in
evidence rs to the relations between the par
ties up TO the breaking of the promise
The prospective pecuniary and social ad-
ysntage of the plaintiff from such marriage
the injury to the plaintiffs feelings
and reputation by its violation; the
manner and circumstances of its
violation, and the suffering of the
plaintiff, caused thereby, and its effect
upon her means of earning her hyeli
hood in the future. And the jury are also
to take into consideration the wrong sub
nitted by the defendant and may reward
exemplary damages as well.
l0-That if the jury find for the plaintiff
that the attempt to impeach the plaintiff Z
chastity and character was not made il
good faith by him but merly as means Of
defence or to injure the plaintiff, then they
may consider these facts in assessing The
damages, but the jury cannot award more
than the amount claimed in the declaration
to wit, $4,000.
The instructions asked for by counsel fol
the defendant and allowed by the cout
were as follows:
before the plaintiff can recover in thi
action the jury must believe from all The
evidence that 4 contract was entered into
between the plaintiff and defendant
by which they agreed with eacl
other to become husband and wife.
2-If the jury find from the evidence
that statements were made by the plalntid
and defendant in the presence of, or to
third persons, that they we're engaged to bt
married to each other, or that they intended
to marry each other; that such statements
were made pursuant to prior understand
ing and agreement between the plaintiff
and defendant for the purpose of deceivine
such third person, and were not made in
| good faith, such statements are not to be
taken as constituting or evidencing tbs
existence of a contract to marry.
| 3-The burden of proof to establish the
contract sued on is upon the plaintiff, and
that they should find for the defendant
unless they believe from all the evidence in
the case that it was mutually agreed be-
tween the plaintiff and the defendant that
they we're in fact to be married.
4-Even if the jury should find from the
evidence that a contract of marriage was
entered into between the plaintiff and the
defendant yet if they further find from the
evidence that prior to that time the plaintiff
had been guilty of unchaste Conduct with
other men and that such fact wanunknown
to the defendant, then the defendant was
was not bouud by any such contract, but
by reason of said fact, if it had existed, he
had a right to refuse to perform such cor
tract and he may avail himself to such de-
fence, whether at the time of such refusal
he knew of such prior unchaste conduct oil
not.
5-If the jury shall find from evidence
that plaintiff had been guilty of un-
chaste conduct with Rodes, and tina
the defendant had condoned sucl
acts, yet if they find from the evidence tina
the plaintiff had been guilty of unchasts
conduct with some other man or men, which
conduct was unknown to the defendant, the
verdict must be for the defendant, even il
the knowledge of such conduct did not coms
to the defendant until after his refusal t.
marry the plaintiff.
/ 6-If the jury find that there was q con
tract of marriage between the plaintiff anC
defendant, and also fail to find that thu
plaintiff has been relieved therefrom by any
of the defences urged, they may in mitigs
ton of damages consider the plaintiff
character and conduct, if the same were
bad, and her previous misconduct.
During the delivery of the judges charg,
the court room was densely crowded, ant
absolute silence prevailed. At its close tn,
jury, at 3 OF 2. NJ, were taken in charg,
by couple of bsiliffs and were escorted t,
a chamber over the court room tosdeliberat,
upon their verdict.
Judge Bradley remained in his chair fo
few minutes after the jury went out, sn,
then lie walked around 10 the attorney
room, where he awaited news from til.
jury. The court room rapidly cleared.
!. Col. Breckenridge and his counsel started
for the office of MIR. Mckinney, the junior
counsel. just across the street, and as hi
was coming down the court house steps, ar
open bsroucbe With two ladies' in it drove
up and he waited on the curbstone to re
ceive them. The ladies were Col. Breck
inridee's wife aud one of his daughters BY
his second marriage. The three chsttet
for while, and then the ladies' drove away
leaving Col. Breckinridge standing on tbs