New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-06-17
Jury Out Six Hours; Justice
Cropsey's Charge Favored
Miss O'Brien
VIII Know Monday
Justice Cropsey in Charge
Says Plaintiff Has Ground
for Damages

A verdict in the 81 100000 breach Of
promise suit brought by Miss Honora
Nay O'Brien against John Bernard
Manning, the millionaire octogenarian,
was reached by jury in the Queens
Comfy Supreme Court at o'clock last
night. Justice Cropsey, before leaving
the Courthouse in Long Island City
two hours later had directed the jurors
TO seal their verdict and IL will be de-
livered TO him tomorrow morning.
Says Defendant Broke Contract
Justice Cropsey's charge to the jury
was one Of the strongest and most
definite ever given in similar case.
lie left nothing to their decision save
the size Of the award. In the eyes OF
the law. he said. sentiment played no
part in marriage; that It was a con-
tract to be looked upon the same as
any other contract and which, in this
case, had clearly been broken by the
defendant. Miss OBrien, he charged,
was entitled 70 live in the same state
in which she would have been main
tanned had she become the wife Of the
man three times her age.
"You men," he added. "can also give
her punitive damages, or smart
money This defendant charged this
plaintiff in his answer with having
entered into a conspiracy and that
charge reflected upon her character,
and there was nothing in the case 10
support such a charge, and the defend
ant knew that the statement was un-
true"
II consider that the charge Of the
court was a vindication Of me-. no mat
ter what The jury may decide said
Miss O'Brion as she sat IN the court
room with her brother and the Rev.
Father Joseph Fay, awaiting the YER
dict at showed my friends and this
community that did not conspire to
get Mr.. NsnnIng's money
Miss O'Brien minated that any
money she receives will be used m
carving out "long cherished plans for
doing good
Manning Fears Financial Loss
Manning was decidedly nervous as he
sat in an anteroom, and the members
Of his family tried 10 cheer nm up.
He seemed 10 take heart AT the length
Of time that the jurors were out, and
came to the conclusion that the amount
of the award would he small. tie OK
pressed the opinion that any consider
able sum would seriously affect his
/ financial standing.
The Jurors retired az o'clock, after
/ Stephen {. Baldwin, counsel for MISS
/ O'Rrien. had summed up his case. lie
/ referred % Mr.. Manning in his argu-
mcrt "a the "miser Of Wall street and
/ Riverside Drive o.,
This young woman IL charged WIN
/ having conspired against this old man,
/ he said. Did she try 10 inveigle him
With ravishing glances and with
/ lemonade charged with apple honey /;
"The first suggestion Of money that
vas made IN this case came from Gar
/ dlnal Farley. and who would charge
/ flat he had entered into a conspiracy
/ The only suggestion Of any wrong on
/ the part of this young woman was tne
! statement of the defendant that she
/ had thrown her skirts around him. ms
| is preposterous, because at the time OIL
+ the alleged occurrence there was not
/ skirt in all New York City wide enough
10 throw around a clothespln.
Mr.. Baldwin said he had asked TOT
I million dollars because had Manning
kent his promise to marry her he would
have transferred to her large sums IN
securities. as he admitted on the stand
and would also have endowed her with
all his real estate. Martin W. Little
ton. counsel for Manning, told the jury
thew had not been called together TO
distribute Manning's money or make
his will but to decide how far woman
may 20 in attacking the sacredness OF
marriage"
II is probable that an appeal vii! be
taken, whatever the verdict may be.