The daily palladium. [volume] (Richmond, Ind.) 1904-1905, 1904-03-11

types the defendant had taught the
plaintiffs nephew to call him uncle
and had told the plaintiffs brother-in-
law that ''all the counting was DONE.
little suspecting that the plaintiff
would take hand at ''courting" in
the presence of judge and jury.
The defendant afterward went on
voyage. and while on the sea he in
dited effusive love letters to the plain
tiff. telling her how constantly he
thought of her while awake and how
he dreamed of her while asleep, touch
ingIy adding, "While | am tossed to
and fro on this wide ocean. | love thee
still"
Yet notwithstanding all this the mad
lover broke off his engagement.
The plaintiffs counting" was fully
as successful as had been that of the
defendant, for she recovered a judg-
ment for $1,000.
In a Vermont case the plaintiff and
defendant were neighborS, and the de-
PENDANT paid neighborly visits to the
plaintiffs family. 1t was shown that
these visits were at first to the entire
family and that they were gradually
narrowed until they were confined to
the plaintiff alone. This fact together
with the proof that during the periods
of the defendants visits lights were
frequently seen burning in the parlor
on Saturday and Sunday evenings and
some other circumstances, led the jury
to find for the plaintiff.
S<IaS
gan. A man who, strange to relate,
bore the name of Constant while en-
gagged in counting had his financial eye
open and borrowed money from the
lady On his last visit to her he re-
newed his notes for one and two years
and then went off and married the 9th
er girl The court held that it was
proper to allow proof of this money
transaction, holding that IAN engage
ment broken off suddenly and without
warning would very naturally create
more pain and modification than If
ended under any. other circumstances,
and if a jury were to regard this con-
duct concerning money matters as cal
culated, under the circumstances. to
have caused additional grounds of pain
or grievance to the defendant in error,
we think they would not be violating
ordinary probabilities.
Where the defendant asked the hand
of the lady in the presence of the lat
ter's mother, who consented, and the
lady said nothing and the defendant
thereupon gently took the hand of the
mother and touchingly said, Hence
forth consider me as your son." it was
81 ho Nc
sent, and in a New York case the lady
was permitted to show that she had
procured a wedding dress and had
gone so far as to get a wedding cake,
as showing her acceptance, while in
Iowa the plaintiff was allowed to prove
in support of her acceptance that she
was making preparation for her mar
riage ''piecing quilts and doing fancy
work, and that when she heard of de-
PENDANTS marriage "she hated it aw-
| full bad"
While the law makes it easy to prove
a proposal by the gentleman and equal
ly easy to show that the lady accepted.
| when it comes to evidence showing a
release on the part of the lady the proof
must be strong to sustain the defense.
In one case a bachelor of fifty-three
had been paying his respects to q
| maiden of forty-three summers for the
unlucky period of thirteen years. Dur
ing all this time she declared to others
that she would never marry him and
spoke of him in terms of derision and
| contempt After thirteen years of
| courtship the bachelor summoned suf-
! ficient courage to propose and was
| promptly accepted. After the engage
ment he heard of the double dealings
of the maid and refused to marry her.
| The court held it was no defense to the
| action, although it might go in mitiga-
| ton of damages.
In Pennsylvania case the lady
wrote the defendant a letter in which
| she said: 4 don't want you, for know
| that | would have a devils life of It.
! If you We're any kind of a gentleman.
| you would not act as you have. pray
night and day that you may never
| prosper in this world. l just pray for
every hair in your head to come out"
And yet she recovered a judgment for
$1,000.
In looking beneath the surface for
the reason for this verdict it is quite
| evident that the jury believed that the
lauy WAS SOduGu IL desperation ~ tne
| attentions of her fiance to her rival
and that she did not in fact mean to
| say that she did not want to marry
| him and did not really desire that he
! lose all his hair, for in her letter she
| says cruelty of her rival, "Well, II
am poor 1 do not wear the one hat fol
| five or six years, like she does, and
turn it hind part before, like she does
Under the weight of authority, then
if a party does not want to find him