Year: 1871

IL COURT.


Clarinda Powers, Plaintiff, called and
testified as follows: | am twenty years
old have been acquainted with the de
fendant, in this case, John Wheatley, five
years; became acquainted with him at Mill
vile in this county; my acquaintance with
him was intimate June 1869 was set for
my marriage with him; it was put off by
the defendent for the purposes of gettinga
house, and another time, viz. October 1869,
was set fo' the marriage. / don't know
why the marriage was not consumated at
that time, Mr. Wheatley can tell he said
he couldn't get the house that he expected
to, and talk ed Of building No subsequent
time was ever set for consumating the mar
riage. l made necessary preparations for
getting married. The defendant married
his present wife Sept. Sth, 1871. He had
been paying his addresses to me about one
year prior to this marriage; he commenced
paying his addresses more than one year
prior to that time I meant that it was one
year after he quit paying his addresses to
me that be was married it was about two





he promised to marry me had been pay
ing his attentions to me about two months
before his promise to marry me : as near as
l can recolect it was about month before
he quit coming to see me that | first learn
ed the fact that he was paying attentions to
his present wife; we never had any con-
versation in regard to it. No agreement
was ever made and no understanding ever
had between me and defendant with refer
ence to releasing him from his promise to
marry nothing Of the kind was ever init
mated or suggested to me by him. l am
acquainted with the defendants hand writ
ing. (He-e letter was placed in the
hands of the witness and she was asked
whether the signature in the letter is in
the hand d-writing of the defendant, to which
she answers, ''it is The letter was here
marked exhibit \" offered and read in
evidence.)


"ErniJh A."


Friend Clarinda-I never felt SO much
anguish in wrineing from my soul pain
full declaration as now experience in de-
Glazing to you that | must lorego all hopes
of our future union: do not ask why for
my answer would only infict on the hearts
of both an additional pang; but be assured
it is no hasty resolvc-the reasons for it
have been deliberately weighed and l con-
slider it to be essential alike to our mutual
happiness and our mutual prosperity
With this letter receive my sorrowful but
afectiouate adiew, and ifin after life you
should ever need friend, believe me,
will be glad of the opportunity to serve one
whom | loved, but whom fate decrced should
not be mine From your friend and best
wisher, j. W.


Witness continued:


| have at all times siace my engagement
with the defendant been ready and willing,
on my part, to perform the agreement. |
have always during continuance of my
engagement with him treated him kindly
we exchanged wedding Rugs he has mine
yet aud | have his.


Cross -examination.-At the time the
marriage was set for June 1869 we were at
MIR. Ross that was sometime about the
first of May; it was in the evening. don't
know as l can say how many were in the
house at that time beside myself and Mr..
Wheatley Mr. and Mrs Ross were there
they were not in the room with US :; We
were in the sitting room. don't know as
| can state the particulars of the converse
ton which occurred between US at the time
the marriage was set for June in reference
to that subject it has been long while ago.
He asked me if | would rather be married
then or wait until September. | told him
then, as my folks were going into the
mountains to that he said we would be
married in June. He did not say what
time in June. We had conversation at
Mr.. Ross subsequent to. and before the
time, when | supposed my folks were going
into the mountains, with reference to mar
rying in June; do not remember what
he said. l thibk my folks went into the
mountains in May; when | say mountains
| mean Deer Flat, about forty miles from
Millville. did not go with them into the
mountains I remained, as near as [ can
remember, at Mrs. Ross two months while
they were in the mountains I went to
Deer Flat the seventh of July and remain
ed about two months ; my folks were there
at the time. While there | received one
letter from Mr.. Wheatley did not answer
it; that was the only letter l received. |
know tlat the marriage was put off from
June until October, because Mr.. Wheatley
could not get Mr. Eiler's house, for he ask
ed me if would wait until then. know
that was the reason for he told me on the
fourth day of July, when We were going
down to my brothers, that Mr.. Eiler prom
ised him house in September; he told
me this the same time that he asked me to
deter the marriage until October. As near
as can rememberI arrived at Millvllle.from
the mountains the first ofSeptember, Mr..
Wheatley did not come to see me right
away; how soon it was | don't remember
but he came to see me afterwards; two or
three nights after came back he went
home with me from church. Don't know
as | can tell what the reason was that be
came to see me at all after [ came back;