The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-01-17
4 his power to reconcile his daughter to


II was understood ! thought, that the
objection was not to interfere, even If {,
was not removed"
Mr.. duBignon asked the plaintiff II she
did not believe at the time that Mr.. Rob-
erts was sincere. She did Then Mr..
duBignon and Mr.. Erwin got somewhat
mixed up on the proposition as to what
was her opinion now Of his sincerity at
| that time. The question was objected TO
= 2!r. Erwin and was held to be a mat
; ter for the jury 10 consider In this con-
| nection Mr.. duBignon took occasion 10
! state the defense: That there had been
| no unconditional promise to marry and,
| therefore. no breach of contract There
was a condition precedent to the mar
riage, which, though he made every ct
| fort the defendant could not remove.
| Therefore, he was not liable for damages.
Il first consulted Judge Fort, through
Mr.. Bivlns,' Mrs. Carson said, in reply
| to interrogatories. mo one suggested the
suit for damages to me; 1t originated in
| my own mind. Mr. Bivins was the first
one l talked to about the matter"
| Was your heart to any great extent
| involved in this proposed union, or was
your idea simply to better your worldly
| condition.? Mr.. duBignon asked.
Il don't know that that was para
| mount" she said.
Mrs. Carson said she had mailed all of
! her letters to him on the train, because
/ e.
| any publicity in the matter. Mr.. Rob-
erts himself first gave publicity to the
/ matter in Cordele, she said though she
| only heard this was true. Mrs. Carson,
| in answer to one or two questions, spoke
| Of her admiration for the defendants
manly and sterling qualities and the
| plaintiff rested at this point.
Mr.. Roberts then took the stand. He
was 6S years old last August having
! been born in LOwndes county, and lived
| there all his life, except when in the con-
| federate army, and in the state legisla-
! ture as state senator from his district.
Il was widower in 1884," he said and
was married May 10 1895, to Miss Jessie
| j. Cook of Boston, Ga. l have eight liv-
| ing children, all but two of whom are
| married. My unmarried daughter has
| looked after my household affairs since
the death Of her mother, and up to the
| time 1 was married"
MI. Roberts, what were you worth at
| that timer" Mr.. duBignon asked.
Il don't know" was the reply. Il sup
| posed l was worth some where about
! $751; 600 or $50 COO
when was the first time you heard of
this lady?" Mr.. duBignon asked
"A gentleman named Lanier who was
| down my way, stayed all night with me,
and said he had a fine widow up in his
town, and wanted me to meet her. 1t was
he who took my picture away from my
house and carried it to Mrs. Carson. 1
| first met her at her own house at Cordele,
| having gone there expressly to see her.
You know an old widower loves to go to
see the ladies'. When l got to Cordele I
found Lanier knew about as little about
| her as anyone, so a lawyer introduced us.
/ remained at her house from dusk until
| some time in the night"
did you discuss any affairs of the heart
on that occasion?" Mr.. duBignon asked.
II told her l was widower and was a
| hunting of companion, and l wanted to
know if she had any leanngs In that di-
rectiOn."
His second visit to Cordele was the day
! after Christmas. Nothing unusual hap
pened. The third was, he thought, in
February He did not go but three times.
Did you ever in any of your visits make
to her an unconditional promise of mar
! riage?" was asked.
Il never did, was the reply. 81 loved
| her and hoped to make her my wife, If
| could reconcile our families. I told her If
we could do that we would get married,
and | didn't want to be long about it.
! endeavored to reconcile my children as far
as l could do SO, but it was not successful.
My daughter was afraid she was going
to lose her home This was after / had
written my last letter to her. l dropped
the whole thing right then and there, and
| determined If l couldn't get a woman
without children, l would not marry at
all"
Mr.. duBignon said he desired to read
some of the letters that had been offered
in evidence. Mr.. Erwin wanted to see
them.
Il don't know that It is necessary to
take up time Mr.. Erwin" said Judge
Speer "A love correspondence in a
breach of promise suit is always admis-
sable"
Mr. dupignop tb,,, ro,a ,o,-oro, 20 NJ
Carson's letters to the defendant The
letters were read for the purpose of show
ing that Mrs. Carson knew of the obiec-
ton of MIR. Roberts children to his mar
riage, and saying that children should not
assume the guardianship of their parents
This life is short" she wrote in one Of
them, and 1t is the duty of every one
to get all the happiness out of it the OPP
portunity Offers
She wrote on one or two occasions of
the children's objections, and in one let
ter, dated Jan. 81, February having been
fixed as the time, referred to the fact that
February was coming the next day and
was very short month. In another let
ter she referred to a statement made in
one of his letters in which he says. You
can outwrite me, but l can outlove you"
Up to the time of her last letter Mrs.
Carson was aware of no change in Mr.
Roberts plans. In that letter she sug-
EeSteu they Snould nave some understand
ing about their affairs. Her letters were
all dignifed. womanly and well composed.
Mr.. Roberts denied that he had ever
consented to marry Mrs. Carson over the
objection of his children. Every time
one or two letters came to the house for
him, he said, his children broke out in
a new place. He said he never attempted
by word or otherwise to wound her feel
ings or to place her before the world in
the light Of Tilted woman He did not
announce his engagement with Mrs. Car
son, he said, because there was always
barrier in the way.
Il never made any secret of my mar
riage to Miss Cook. i married her at her
| fathers home in Thomas county, on May
10, and brought her TO my home the next
day."
on the cross examination by Mr.. Erwin
MIR. Roberts admitted he owned at that
time $500 par value in Valdosta bank
stocks. lie also owned some real estate
and a farm, "a little settlement of land I
gave Sl,7O0 for / also owned a few notes
and much to my sorrow, I've got EN-
yet"
what do you say Of Mrs. Carsons
statement that VOtfr cernnd visit 10