Year: 1871

fixed in the month of June for the marriage
think. The effect of her disappointment
began to show itself within the last year
I mean the last year from this time back
This spell of sickness commenced this Fall
since September 1t lasted about six
weeks. She had a physician, Dr. Bryant
| couldn't tell where he is at present; she
was confined to her bed about four weeks
as near as | can remember [ know thai
she was disappointed and l know that she
was sick and that is all | can tell as to
whether the sickness was the effect of her
disappointment.


e-Direct The plaintiff has been more
melancholy and detected in her feelings
and actions and associations with society
since than she was before defendants re-
fusal to marry her.


Mr.. Wilkinson, and Mr.. Ross each testi-
fed that they were acquainted with the
Plaintiff and Defendant and that they knew
of his courting her and that the plaintiff
had been more melancholy and detected
than usual since defendants refusal to mar
ry her. etc.


Mr.. John Wheatley, the defendant, tes-
titled as follows: l was engaged to be
married to the plaintiff in March 1862
That marriage promise was not fulfilled
for reasons substantially as follows: Miss
| Powers went to the mountains month or
two after the engagement; while there |
wrote her three letters and never received
any reply to either of them. The day was
fixed for the twenty-ffth of September 18-
60. l heard nothing from her while she
remained in the mountains. She came down
from the mountains, think some three
weeks before the day Fixed for our marriage
[ did not call oD her. Some four weeks
afterwards she dropped me line asking
what was the matter that did not call on
her; called over that evening and that
fact in regard to those letters | wrote her,
was never satisfactorily settled between US.
She stated she had no writing material
A young friend of hers, Mr.. Moore, came
down to Millville and told me that Miss
Powers had sent by him for some paper and
envelopes which he got and returned to the
mountains, think the next day. In per-
haEs week or so afterwards he returned
from the mountains. | asked him whether
he had delivered them to Miss Powers !;
he said he had l also asked him if he had
letter for me, as 1 expected one; he said
he had not | did have an interview with
the plaintiff in this case on the 18th Of
July last at the house of Mr.. Lewis Powers
in regard to my not visiting her any more
The sum and substance of our conversation
was | told Miss Powers that had come
down expressly to see her. That the re-
port had been going for the last 15 or Is
months that she was going to sue me for
Breach of Promise. She said she had
never made any such remarks. / told her
that | was satisfied that she and [ could
never live happy together; that we never
had agreed in our courtship and l felt sure
that we wouldn't get along well together if
married if she had not considered the en-
gagement broken before that time that /
wanted her to consider it broken now; that
l would like for us to remain good friends.
| asked her if she was willing to let every
thing drop and be good friends; she SAID
she was. She did not answer the question
the first time, but she did when it was re-
peated to her. No time except the 18th
day Of September 1869 was ever set for our
marriage. The marriage was never put off
on the ground of getting house and !
never stated that it was. During the snm-
mer of 1869 there were frequent opportu-
mites for communication to and from Deer
Flats and Miliyille, while the plaintiff was
at Deer Flats. People were passing and
repassing about every week.


Cross Examination. have no way OF
ascertaining the time l staid at the place
where the conversation took place between
me and plaintiff, in reference to release
of my obligation to marry her; it lasted, I
should think, quarter of an hour. Per
haps | was at Mr.. Powers and around his
place an hour. l did not have CONVEX
sation with Mr. Ross with reference to the
plaintiffs releasing me. had conversa-
tion with Mr.. Ross at Wilkinson & Ross
mill on the sixth day of October 1871, but
not with reference to that. | had con-
versation with Mr.. Wilkinson in nv store
but not in regard to the release; also with
! Mr. Blodgett | misunderstood the ques
ton | talked to them all about a con, er
sation that took place between Miss Powers
and myself on a certain date, and as I un
derstand the question now did have con
versation with Mr.. Ross, Mr.. Wilkinson
and Mr.. Blodgett with regard to release
by the plaintiff from my obligation to marry
her, but did not say that l was released
some Is months before that time, near as
l can remember the time was the last ol
September 1871. I am not positive in
regard to that; I remember distinctly thai
the time in July 1871 was mentioned
Something was said about the release;
might have miscalculated months | meant
to calculate from September 1871; l did
not say sixteen months; l did not tell Mr.
Blodgett that it took place sixteen or eight
cen months before that time, nor anything
like it; did not tell Mr.. Ross, that 1 had
not quit keeping company with the plaintiff
twelve months before the sixth day of Oc
tober last; l did not state to Mr.. Ross tha,
if the plaintiff had not sued me and had
waited until returned from Sap Francisco
l would have settled with her | said if
had not gone to San Francisco she would
not have sued perhaps.


/ Re. Dfrect.-In my conversations with
the gentlemen named, l think something