The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-10-28
TILTED HIS MUTE FIANCEE.
JURY GIVES 4 VERDICT OF 1880
AGAINST SCHARIN.

Moth the Defendant and Mias Beriiner. the
Plnintin. Describe In sign Language Their
Courtship and Their Qu~nrrei-Dr. dialiaudct
Again In Court to Act sn Interpreter.
It took the jury only a few moments to bring
in q verdict for $l,75O in favor Of Annie Ber-
liner against Jacob Scharin, both deatinutes,
before Justice MacLean of tho Supreme Court
yesterday in her action for breach of promise
of marriage. Tho plaintiff was jubilant. and
uhc quickly gcsticulutcd with her lips and
hands to her friends on all sides OF her. her
signs ending with u ~shufllng of her hands that
plainly indicated she meant that Scharin would
have to pay out the money.
IL appeared at tho continuation OF the trial
yesterday that in their lovcmaking and engage.
ment Scharin and Miss Bcrlincr were at a dis.
advantage, as abe talks by movements of hcr
lips mainly. which he only partly understands,
and he talks entirely with his fingers, with
which she is not familiar. Stress was laid on
tris difficulty by counsel for tho defendant, who
sought. TO give tho impression that they might
not have understood each other, but .Scharin
gave such ilat-footed answers TO questions
that every ono became convinced that they
knew thoroughly what they were about.
Things progressed much more smoothly yes
terday, as tho Rev. DIR. Thomas Gallaudet. the
interpreter, had changed his method so that ho
talked to Miss Bcrliner with his lips. and
WDGn IDB uClCHuhib NoON thS o""1 AN' "'o -
nimble transference OF thought by means of
deft fingers. DR.. Gallaudet seemed n little
disconnected when Scharin first took the
stand, as he did not know whether It was to DO
n case OF lips or fingers, but he evidently
thought that as tho girl had relied upon her
lips, Scharin would, too. But it happened that
Scharin had a piece of gum or something in
his mouth, and his lips were making such
arrange evolutions that the doctor. with car
,oSt racc hpnt forward in n vain effort 10 gather
information from them. His brow became per.
turbcd, but then they exchanged some finger
flourishes, and with smiles settled down to BUSH
Most of the day was taken up with the tcsti.
because they had so much to say. hut because of
the time it took to say, il. They differed as to
became acquainted while they were riding b.
cycles ;:he declared that they were introduced by
sebbatchen at the instance Of scharin's parents.
She admitted that Hahneman had subsequently
introduced them. They agreed, that there had
been an engagement party. They differed as
TO how the engagement came to be broken.
but there was no doubt that it was broken
1896. They had a quarrel after the ball and
She. averred that:Ine told her at her home that
night that he would not marry, her as he wanted
to get n hear" girl. She said that tho trouble
started because he danced with other girls and
became offended because she also danced with
She had gone. with him to the ball that night.
scharin said in a gown furnished 6y his
lA III NV nv f'AA Na'N @S
nished her with all her clothing after the en-
gagement. lie noticed some names Of different
men on her order Of dancing at the ball, and told
her that her engagement demanded that sho
give all the dances to him. She dcmurred and
said she would dance with any one she liked.
There was n smile in the court when he said in
answer to n question that there was music at
the ball. They made up to some extent and he
accompanied her home. All the way home his
fingers flew. and her lips and sometimes her
hands moved in anger. On reaching her house
Schnrin avcrred he told her:
II have come to the conclusion that misery
would result il we married. Our children
might be deaf and dumb. and il they were not
we would not know what was going on. !
think it will be better for ne If i get a hear
woman
You may co." he said she replied. II can
get another man. l danced with that other fell
low because | liked him better. Anyway, you
had better have n hear woman
He admitted that he had told her on several
occasions that he liked her. but he never made
the motion with hand to heart and eyes a!oft,
which meant that hr loved her. Scharin tried
to lay the responsibility for the engagement en-
tirely upon his parents, saying that he had con-
scented to be en9aged.t to please them, as he was
dependent on them for support. He is %
years old and gets S. n week working for his
father.
The case is almost free of exceptions by coun-
sel owing to the method of taking the evidence,
and the prospects or appeal on that head are
necessarily slim.