Evening journal., 1901-10-11

mor-plated intellects, let us refer briefly
to the testimony. This is done simply as
a matter of form, and it need occasion
you no anxiety. If you have, for one mo-
ment, entertained the idea that the Court
is going to leave anything for yOH to de-
eide, you are entitled to another think"
The safety and security of our fellow citi-
zens, as well as their pursuit and enjoy
ment of single blessedness, Gf desired,
is not to be placed in so much jeopardy.
There is some slight conflict of testi-
mony, in this case but it might have been
great deal worse, and still not have en-
barrassed the Court You must see, if
you are capable of seeing anything, that
the plaintiff has instituted this action
simply and solely to gain the sympathy
of the public. There is not a particle of
evidence to show that she is in need of
money, and of course, it is to be taken
for granted that her attorney does not
need any. He is only travelling around
the country for the benefit of his health,
and he has really no excuse for being
here at all. You are at perfect liberty to
sympathize with the plaintiff, if you have
sufficient strength of mind to do so; SYM
pathy is the fairest flower that blooms in
the human breast, and it is always gooo
form to sympathize with the opposite sex
particularly when the chosen subject is
as attractive as the plaintiff in this case
But remember that your sympathy is not
to interfere with your verdict for the de-
fendant, unless you are looking for trou-
bic with the Court.
To entitle the plaintiff to recover, it
must be shown to everybody's satisfac-
tiOn that the defendant was at least p
years of age, at the time the alleged
promise was made; and also that he was
not, at such time, a statesman, politician,
duke, lawyer or other privileged public
character. 1t mnst also appear, without
"any possible probable shadow of doubt. -
that the defendant was able TO write
poetry, as well as indite love letters, cal
culated to make an impression upon the
average female heart. 1t is in evidence
and not contradicted, that the defendant
was away, at the time the alleged prom
Use Of marriage was made-pOsing as q
tramp, in company with Bishop Coleman
This has not been confirmed by the
bishop, but any doubt upon this poin
should be resolved in favor Of the tramp
II should say. the defendant. as his abil-
ity TO act the part is beyond successful
dispute.
After listening to this luminous anC
impartial discourse, if you still entertain
reasonable doubt, dismiss it as un
worthy Of serious consideration-besid
it is well to remember that all who hest
tate are lost, and it would he a difficult
matter to find you, if you should happel
to get lost.
Finally, if anything that the Court ha
said has made the slightest impression
upon you, dismiss it from your allegel
minds. AS you enter your jury room le
the past be an aching void and the future
a hopeless mystery. Let not your owl
unfortunate experience as defendants il
such actions, blind your eyes to the jus
tice of the plaintiffs cause, or preven
you from awarding damages to the dc
fendant. Remember that while it is we
enough for you to stick together, it wi
be wiser and more profitable for you {
7 stick to the Court.
He had left no question for the jury L
determine. Ii took but a minute for tn
jury TO reach verdict, then it was nc
> ticed that AS the jurymen returned to tn
court room that they wiped their mouth
giving evidence that they had partake
Of some refreshments, liquid or otherwise
= while out Of the room.