The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-10-27
WITH STRINGS MUTED
DEAF AND DUMB breach OF PROM
Use ASE ON TRIAL.

Tho Matd on the witness stand Looks Heaven.
ward to Tell How tho MAN Proposed. ana
Runs nIrr Hand Around Her Waist 10
Indicate what Happened Soon Arierward'
II n deaf mute over sued another deaf mute
for breach OF promise OF marriage before AMMO
Berliner sued to recover $4,000 damages from
Jacob Scharlin. the local courts have no rcmen-
brance OF 1t. The case came to trial before
Justice Mclean OF the Supreme Court ycster-
day. There had to he little adjustments OF Court
and counsel to keep the case along tho ordinary
grooves. and while some OF these had advantages
over taking evidence in the oral way. there were
some Disadvantages Tho Rev. DR.. Thomas
Gallaudet acted rs interpreter. lie is rector
emeritus OF st. AIMS Protestant Episcopal
Church, and pastor OF q deaf.mrto congregation
which meets In 81. John tho Evungolist's Church
In West Eleventh street.
Miss Berliner is n tall woman OF perhaps
%, who was in green. In tho early part Of
her testimony 1t was noticed that while DR..
Gnllnudet used both hands with no movement
OF his lips In speaking to hor, she used hor
lips constantly and only her right hand. The
girl did not seem to catch ONE questions going
to bring out that the defendant after the en-.
gaEcmcnt had informed a Mrs. Silvcrman that
he would look out for tho plaintiff and attend to
further educating her. and finally DIR. Gallaudct
said that she had been educated In the German
method, or lip language. while he had been talk.
ing to her with his fnGers, in which she
did not seem tn be proficient. With the Courts
permission, he said he would try the lip method
with her. He then spoke 10 her by moving his
lips, at tho sam time articulating the words so
that most OF them were audible throughout tho
room. and she readily answered by her lips and
signs OF her right hand. She did not catch or
did not want to catch some Of tho questions
about tho l~ovemaking OF tho defendant, and at
n. late stage Justice Mclean wrote down some
of these questions, and she wrote the, answers.
She had not got very far In her evidence. ow-
Ing to these necessary delays of interpreting.
when the court adjourned. She said that the Dc.
gagged the next month. He had taken her to his
with her 10 different places of amusement. lie
finally told her that he did not love her and
s Ws"l,s sSe sn %a1 and ao soSSsoe n,% dealer CTS T 1f.ne defend Is :
ant lives at 1853 Henry street, and the plaintiff
at 10 ksseX street; It was said that the ENGAGE
get a, wife for their SON. The defendant became
tended on Fob. 81. 1895. She says he was a jeai.
GUS because she had danced at the ball with
She flushed at times while silently answering
about his lovemaking, arched her brows in a
surprised way at some questions, and poptcd at
others, signs which were read by the jury as
was asked how Scharlin expressed himself when
" OSSNoiOiio AZ toIu. Q Io ~ q
she put her hand on he's heart and looked
h~onvenward. Every juryman knew what that
meant.
In answering a question about other evidence
of affection on the part Of Scharlin she made
some rapid motions with her lips and right
hand, ran her hand about her waist, blushed as
abe quickly withdrew 1t, and with fingers and
lips said that no had embraced her.
In the trial there was no chance OF counsel
stopping the witness in tho middle OF q question
TO object Nor was there any chance for objec'
ton when instead Of interpreting some OF her
motions DR.. Gallaudet would make some more
gestures. evidently trying TO get q fuller answer.
go Directing to the evidence was practically
eliminatei.
The court stenographer had lots OF time to
take tho evidence when 1t finally came from the
Interpreter. and the counsel had lots of time
TO think of questions, although there was plenty
OF time to forget about them before he had a
chance TO put them. One OF the main disadvan
tages of this sort OF trial was apparent wher
Scharlin tried to coach his counsel through ar
interpreter. Scharlin noticed others gesticulat
ing whiio he. was talking to his counsel indi
rectly through tho interpreter, and he stopped
talking about the case, saying:
cannot have any rivate conversation witt
you here. as the other side are watching ane
reading my signs"
so the case progressed without the counse
getting any pointers from their clients about
tho evidence. Che case will be resumed to-day