The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1902-01-16
MISS ARD WINS
Receivers a Second Verdict
Against Bold Lathario
DAILY for Breach Of
Promise.
LIVELY COURT SCENES
Fair Plaintiff Cannot Control
Her Emotions and Has to
Leave the Court Room
LIVELY COURT SCENES

The Circuit Court jury in the breach of
promise case of So -year-old Miss Elizabeth
NJ. Arid against Martin DAILY, a 5s-year
old wealthy retired widower living In
Jersey City. brought in verdict of s275
/ for the plaintiff at one o'clock today.
There WAS dispute between. the jurors.
/ it is said, over the question Of the
amount Of damages to which the plain
tiff Is entitled some Of them holding that
the gay old Lothario should only be as
j sessed nominal damages for his actions
in proposing and then jilting the fair and
buxom pIafntiff, while others held that a
substantial amount Of Daly's wealth
should be given to Miss Aird as a panaeea
for her wounded heart
At the opening Of court this morning
Lawyer Alex. Simpson concluded an
: iinpassioned summing up of the plaintiff
/ case. He said that his client was en-
/ titled to substantial damages and insisted
that any man who believed in the sane
tlty Of the marriage promise must award
1 such damages.
1t was after eleven o'clock when Judge
Nevius concluded his charge to the jury.
The charge plainly favored a verdict for
the plaintiff IN fair amount.
While waiting for the jury to return
with its verdict Miss Arid sat by the side
of several sympathetic female friends.
| Frequently her handkerchief sought her
| eyes as she gazed in the direction of her
aged ex-Iover, who sat asleep and snor-
/ ing on rear bench of the court room.
Comparatively few of the interested spec
tators Of yesterdays proceedings were
present.
Scenes dramatic, melo-dramatie and
seni-tragic were enacted at yesterday
/ afternoons session OF the trial
] The emotional part was well rendered
by the fair and buxom plaintiff, while the
gay. aged defendant enacted the comedy
role to perfection When not parrying
the opposing counse1s wordy sallies with
f his procrastinating repetition of the ques-
tions asked, or replying to them with his
ever ready Irish wit, DAILY sat by the side
of his lawyer a smile-aImost a grim
| covering his face as he listened to the
/ different witnesses for the plaintif tell
the story of his ardent wooing of the
woman he afterwards Tilted.
The meIo-dramatic incident of the day
was furnished by witness named Burns.
who arose in court to resent Counselor
j Garey's assertion that he and DAILY were
drunk on the occasion of their visit to
Miss Ards home. Judge Nevius brought
this thrilling scene to climax by order
ing Burns's removal from the room.
Constable Hogan acted as his escort to
the door, but 1t remained for Constable
| Mansfield to enact the heroic role by TAX
ing the obstreperous Burns. who refused
] to go farther by the nape of the neck
and the seat of the trousers and ignofnin-
| ously rushing him into the corridor Here
Burns played the tragic role, heaping, at
| a safe distance, threats of vengeance on
the head of the muscular court officer.
4 sOh this is too much to bear; cannot
stand it." in dramatic accents. cried the
! pretty and blxom plaintiff, rising from
her seat among the spectators and. with
| her handkerchief to her eyes, rushing
from the court room to the corridor. Her
sobbing could be heard by the jury
through the thick oaken doors Finally
| her friend and most important witness
| against DAILY. Mrs. Burns, went outside,
condoled with the unhappy woman, and
induced her to return to the court room.
This more or less touching incident oc-
CURED during Lawyer carey's summing
/ up for the defendants side of the case.
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