The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1908-04-22
IS JOHN VAUGHAN
AS T|M|D A LOVER
AS IS ALLEGED
Continued From Page One)

appeal to the members of the Jury for
justice in open court, because the same
had been denied her by the defendant
after his promise to make her his
wife. The attorney threw all his spir-
it and energy into his argument. Pre-
ceding him, Mr.. Study had called to
The attention of the jury alleged in
conslstencleS in the testimony and
made the direct statement the evi-
dence offered by the plaintiff had been
manufactured Mr. Robbins labored to
controvert this assertion. He point
ed to the demeanor of the defendant
on the stand and asked if his bearing
was not that of a man who held NAL
Ice FOR the woman who was suing him.
Mr. Robbins argument was inclusive
and in the period in which he address
ed the jury, he endeavored to refute
all testimony of the defendant and in
clude all that offered by the plaintiff.
Charges to the jury.
Judge Fox, after stating tn issues
and giving some general charges CON
corning the burden of proof and the
creduifty of witnesses, instructed the
jury, in part. as follows:
The court instructs you that mar
riage contracts, when voluntarily and
Understandings entered into by com
petent persons. are valid and binding
upon the parties thereto. If a party
TO such contract. without any good
and sufficient excuse and without be-
ing absolved therefrOm by the other.
contracting party. fails or refuses to
comply with and perform such con-
| tract. such party will be held liable for
breach, providing the other party is
ready and willing to consummate the
contract.
AS has been stated, the plaintiff
| charges in her complaint that the de-
PENDANT, in the month of March or
April. 1906. entered into a contract
with her in which he promised and
agreed to marry her in consideration
OF her promise to marry him, in the
| month of October, 1906, and that the
defendant afterwards refused to com
ply with such contract although she.
the plaintiff, was ready, willing and
anxious to carry out such a contract
according to its terms. Upon this CON
tract and the breach thereof. the plain
tiff seeks TO recover judgment against
| the defendant, she making such con-
tract and breach the foundation of her
action. In order TO enable the plain
| tiff to recover. the existence of this
contract. as we'll as the breach thereof
must be proved by fair preponder-
ance of the evidence If there was no
contract and no breach, then there
can be no recovery. In entering into
a marriage contract. it is not neCeSsa-
ry that the parties should use any for
NAL or particular words or language
1t is necessary. however. that they
| should come to mutual understanding
and agreement to marry each other
! This they may do by words acts and
! conduct. A marriage contract may be
established by express proof or by the
proof Of facts and circumstances from
which it may be reasonably and CON
sistently inferred. The plaintiff in
|
the defendant for a breach of the mar
riage contract which she charges she
! and the defendant entered into must
show not only a promise to marry on
! the part of the defendant but must al
so show an ability and readiness or Of
| fer on her part, to perform the con-
| tract: but this fact may likewise be in
| ferred from facts and circumstances
proved at the trial from which such
| inference can be reasonably and con-
sistently drawn
"A verbal or written contract of mar
riage, which by its terms is not TO be
performed within year from the max
ing thereof, is not enforcible under the
laws of this state: and an action for the
| recovery of damages for a breach of
such contract or agreement cannot be
maintained under the law
AS far as the consideration is con-
| Cerned in a marriage contract. the law
regards the mutual promises of the
| parties sufficient TO support the
| contract: that is. it regards the prom
! Use OF the one. as a sufficient COnSidera-
ton for the promise Of the other. and
in the absence of fraud, such mutual
promises would render the contract a
binding obligation as long as condi-
tons remain unchanged.
If competent parties enter into a
marriage contract and no time is fix
ed when the marriage is 10 take place.
the law presumes that il is to be con-
summated within a reasonable time. If
a definite time is fixed il the contract.
this will control. as far at performance
is concerned. unless a change is made
by the parties.
If you find for the plant. and find
that the defendant entered into a mar
rage contract with her and then COM
mitted breach thereof without any
fault on her part. as she charges in her
complaint, then any amount she would
be entitled to recover on account there
of. should be in the way of coInpens a-
LISA for such injury as resultet to her