Evening journal., 1901-10-11

his honor remarking that hc Thought such
an act was an impossibity with the wit
ness.
The evidence being in, counsel for theI
defendant asked for non suit ON the
grounds that il had not been proved that
the plaintin was widow or of age.
The court refused her request
In their prayers 20 the court, the law
reports of First Bradley and First Hollis
were cited to the effect that "a woman
is always singular until she is proven
contrary and that when she is "oncc in
the soup, she is always in the soup"
CHARGE TO THE JURY
In delivering his charge, Judge"
Wales said
Gentlemen and Others OF the Jury.
The Court deems il expedient to use this
| form OF address, in order 10 secure your
undivided attention and prevent any Of
YOU from feeling slighted. Nou alone,
however. must assume the responsibility
OF deciding to which class you probably
belong, as it is unsafe for the Court to
rely solely upon appearances.
The remarkable publicity which has
been given 60 the present case, as well As
the prominence OF the parties concerned
in il, yourselves, OF course. excepted has
made it necessary TO prepare charge OF
| unusually heavy calihre, which 1 will
now proceed to explode. Should il pene-
trate the thick walls OF your intellect,
and awaken some slight response before
'the morning stars sing together / will
feel that the labor has not been in vain.
To assume at the outset that You have
formed any intelligent idea about the
merits, or even the dement's Of this ease
would do violence TO all precedent aud cx-
perience where the modern jury system
is concerned The administration of JUS
tice cannot be ieopardized by any such
experiment, and l must positively decline
to take so much risk. IL may not be
nmiss to remind you, however, at this
stage of the game, that you have been
selected to serve as jurors not only be-
cause of your general lacl, Of intelligence,
but ON account of your experience in ac-
tions like this. As you have all been de
PENDANTS, at one time or another lf not
several timesl, in suits for breach OF
promise, You are particularly well quail
fed TO render an impartial verdict in this
action, perhaps even ready and willing
10 sympathize with your fellow sufferer
who is now upon the rack 1 deem &c
my painful duty TO explain TO You, there
fore, as briefly aud as patiently as cir
i cumstances permit, what the present con.
troversy is about, what you are expected
? to do, and incidentally TO apologize for
, your appearance.
/, The defendant in this case, one OF Oul
"a most prominent, respected and sportiv,
lciuzens, stands charged with a breach OF
I promise OF marriuge-an ohense which
/. thanks 20 the low market rate for a min
h. ister and the necessary license is Of rari
occurrence in this community. Indeed
N after an extended practice. covering fit.
!. odd years, not only at this bar but othe
"a bars in the State the Court fails 20 re
~ call any suit OF a similar kind.
N Before reviewing the testimony, l viii
!. briefly announce the law governing sucl
cases, as promulgated by the best inform
~ ed, and most up TO date authorities
y There are different kinds OF hreache
~ (hreechesl, some of which are 20 be con
n sidered separately, while others general,
travel in pairs. This doctrine is fully dis
l. cussed in a leading authority, namely
a Tailor on Breeches and Suits with whicl
= you are doubtless all perfectly familiar
a Fortunately, we are not confronted, II
:. this ease, with the plural number, hu
can exclam with Shakespeares Henr.
vi.
a "Once more unto the breach, dear friends
n once more"
l. The breach, with which we have Il
S deal, IN the present controversy, has a di
& rect pipe line connection with certail
b. kind of n promise. This is a very inn
portant if not vital point in the case
c Now in order To make rabbit pie sue
Il cessfully, common experience teaches N
f. that the rabbit Tor It's equivalent in tn
l. feline tribel, must first be caught: so. f
t order to discover the kind of breach w
are considering, it Is an absolute pr,
d requisite to find the promise. This is 9Th
Is king pin, of the game-fOr a breacl
e without the promise would be like a tai
without the dog. If the promise has bee
e satisfactorily located, il is next in orde
r.. to put IL under an N-ray analysis, TO as
a certain how. when, where and why
% was made likewise chow often. oh. no,
e often" Such precaution is always neces
n sary; for, If it should appear that IN
1t promise had been made on Sunday, 81
the evening by the moonlight" or wa
g given utterance "by the snu soundin
he sea- hy lake or mountain, or other healt
n resort where the summer girl "oft dot
lt congregate," it would undoubtedly d
Ie void-whether an aching one or not is i'm
re material TO the present discussion. Th
G. Court is bound TO take cognzance Of IA
fact that promise, made under such eli
IS cumstances. is seldom, il ever, regarde
J. seriously; and therefore, both the pa
II ticipating parties be in pari delicto (whic
a in classic language, means "hoss an
~ hoss'D, it would be better that ten guilt
nd men should escape, than that one mn'
a cent man should be dragged to the IA
ie teri mean, the altar. The leading an
IL thority to be consulted. upon the subjec
90 is-Cupid's Vows and Promises. Chap.
IT. Much valuable information. in regar
er TO the foregoing doctrine may also be oil
SO tanned from the composers of "Oh. Prom
nd Use Me-" and Take Back the Engage
ment Ring" both Of whom are we
I'd versed on the subject.
TO 1t should be observed, furthermor
re that princes, potentates, politician
statesmen, and all who are similarly a
hi iicted, are expressly exempted from IN
20 filling any or all of their promises an