The Jersey City news., 1899-06-28
ct For $500
Breach Of
hise Suit.
BABY, BUT WHOSE :?
Burke and George
Tell Conflicting
Trap That
Failed.

euit Court room was filled yes
&ternoon with people who ex-
hear some spicy testimony IN
& IN promise suit of Mrs. Mary
u s nv q $f No, SIS Newark avenue against
7s7@s 3Malpas. a young man who is well
Tin the vicinity of the Court House.
hgh the defendant. who is an en-
i of the Wells-Fargo Express Com
gets only a modest salary. Mrs.
q wants 5000 to repair the damage
W heart and feelings As may be IN
IA from the prefix to her name the
- 'ntiff is a widow. 1t cannot be truth
" said that she is charming either in
e or figure, but she probably mas at
,ctive ways. She declares that after
r first husband, Frank Burke. had been
sad about eleven monthe Malpas as
s9red to be his successor. He PAID de-
voted and persistent attention to her, sent
her flowers, took her to places or amuse-
ment and acted as lovers usually act IN
such cases. He was SO ardent in tact tnat
he did what a lover seldom If ever does,
proposed marriage to her in the presence
of his friend William Erickson Being a
woman of experience the widow threw
false modesty to the winds and accepted
the proposition in the same open and
frank manner in which it had been made
December IS, 1897, was fixed for the date
of the wedding. That was at the widow
request. because her child had died and
she wanted six months to elapse before
getting married. The plaintiff spent the
intervening time in furnishing the fiat at
NO. 52S Newark avenue, so as to have it
ready for housekeeping. Depending on
her lovers promise Mrs. Burke yielded to
his solicitations and as a result she had
an infant with her in court yesterday.
The plaintiff proved to be unfortunate in
her witnesses. as they gave better testi-
mony for the defendant than for her.
William Erickson positively denied that
he had ever heard Malpas propose mar
riage to the widow. Several young men
testified that they had called upon Mrs.
Burke in company with Malpas and they
never saw him display any special affec-
tion for her or show her any special at
tention.
Mrs. Annie DAILY, a good looking young
woman, testified that Mrs. Burke called
at her house after Malpas had ceased
and asked her assistance to entrap
him. The plan was that the widow should
induce Malpas to pay her visit and she
would get him drunk. She felt confident
that while he was in that condition she
could PERSUADE Malpas to propose mar
riage to her again, and Mrs. Daily would
be there to hear the proposal and could
afterwards testify in court This testi-
mony was not denied by the plaintiff.
Malpas testified that he was introduced
to the widow in August. 1897, and he
called at her house frequently after that
but he only remembered two occasions
when he called alone. He never took her
out, never gave her any flowers, never
promised to marry her and never had any
intention of marrying her. He also de-
MED that he was the father of her child.
While he was giving his testimony, the
widow with the baby in her arms, took
. seat directly in front of him and glared
at him. She frequently interrupted him
and neither the Court nor the lawyers
could restrain her. Malpas testified that
the widow told him that she was engaged
to be married to a young man named
Shelley About the time the baby was
born Shelley disappeared from the neigh
borhood and has not returned.
Lawyer Mervyn Armstrong summed up
for the plaintiff and Joseph M Noonan
for the defendant. Judge Nevius charged
the jury this morning and they awarded
the plaintiff $780,