Year: 1871

write him letter asking him what was the
matter that he did not call 1t was about
four weeks as near as | can remember be
fore | wrote the letter. He replied by let
ter, said he would call and see me don't
remember whether that was all he said in
that letter or not; believe Mr.. Bracket
has that letter in his possession. Mr..
Wheatley did call to see me and said why
he had not called before was, he thought
| was mad at him because | did not write
to him. The letter which wrote to Mr..
Wheatley was written after the day on
which we were to be married. 1 mean to
state in my direct examination that Mr..
Whea.ley never intimated or suggested to
lne release from his promise to marry me.
The last time he, called on me think was
in October 1870, at Mr. Ross, about the
25th of July 1871, he did call at the house
of Mr. Lewis Powers, don't know whether
he cam to see me or not. He saw me and
we had conversation, he did not say any
thing to me at that time in reference to
release from his marriage obligation to me.
Among the few things he said, he said the
story was around that him and Hattie Bid
we'll were going to be married, as for that
he didn't know as he ever should marry
her he did not say any thing about mar
rying ne; we were sitting on the porch
The conversation did not last more, and we
were not together, I think longer than five
minutes. He said that he had heard was
going to sue him for Breach of Promise
but did not say he came to see ME about it.
Al af fboft {bat
use for me and him to get married or that
we had never got along well together in
our courtship; nor did he say that if had
not already considered the engagements
brok en- he wished me to from that time
that he desired to part from me and be
friends; did not tell him at that time or
during my conversation with him on that
day that l would drop everything and quit
friends, nor any words to that effect.


Re -Direct.-The letter that received
from the defendant did not require an an
sweE; thought you had reference to the
last letter received from him; I did not
answer his letter because | had no way of
sending one down, until came down my
self. There was no mail communication
between that place and the mountains and
the residence of the defendant. l did not
90 into the mountains with my father and
mother because we were to be married in
June. When said in my cross-examina-
tion that came down the first of Septem-
Der | meant the fore part, think it was
the third


Re. cross.-Mr. Bracket has that letter
which received from Mr.. Wheatley while
was in the mountains While there 1
did not communicate with any one in Mill
vile. sent down by Mr.. Moore for some
paper and envelopes, but did not receive
any | sent to Mr.. Wheatley. When |
say | could not communicate with Millville,
| meant could once in while, but after 1
got the envelopes had no opportunity
After Mrs. Ross went down she sent me
some paper and envelopes by my futher;
did not receive those l sent to Mr.. Wheat
ley for. My father went down in August
sometime Mrs. Ross went down with him.
Mr. Moore returned to the mountains after
going down to Millville | saw him he
said the reason he did not bring the envel-
opes and paper l sent for was, he left them
at Millville he left them at Mr.. Wheat
ley's. During my stay in the mountains
did get papers from Mr.. Wheatley my
father brought them to me, and | think
Mr.. Boyce brought some to me- 1 did not
write any letters to any body in Mllville
while was in the mountains.


Mrs. Ross testified as follows


am a sister to the plaintiff For the
last four or FIVE years she has resided at my
house; | have been acquainted with the
defendant about five years. know Of his
paying addresses to the plaintiff. The first
| remember was about two years ago last
February. He called upon her about once
a week until they were engaged and then
he came twice week, and am not sure
but three times. | had no direct CONVEX
sation with the defendant with reference
to his marriage with the plaintiff know
time was set for the marriage from the
fact that he sent her some cans to can fruit
for the winter he sent the cans in August
1869. Plaintiff made such necessary prep
arations for the wedding as any young lady
would; wedding dress and numerous other
articles. She always treated the defendant
kindly and with respect when he came to
see her during the time he was couring
her She was strongly devoted to him and.
did in great measure exclude herself FROM
all other society than his. The disappoint-
ment incident to his refusal to marry her
had bad effect upon her, caused her
spell of sickness.


Cross Examination.-I never had any di-
rect conversation with the defendant abouta
time being set for their marriage. Ijudge
there was from the fact he sent her some
cans for canning fruit for the Winter, be-
can<e young men are not apt to send fruit
cans around to young ladies unless they


intend to use the fruit am sure be ssnt
half dozen cans. They had converse
tion about it and she told me to 90 and get
them this was in August. Miss Powers
was not at my house at that time; she was
at Deer Flat she told me to 60 and get
them when l came from the mountains
This canning business is not all l know
about the time being set for their marriage.
She made this preparation for the wedding


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