Show COMPROMISES BREACH OF I PROMISE SUIT FOR 1000 AND COSTS i Attorney Loses First Case and Settles the Second After the Plaintiff Has Testified the Actress Actress' Receiving St i P. P b p s l t ts t- t s ACTRESS WINS HER HERi II i FIRST SUIT AGAINST V. V t CLYDE Z 11 t Pt Si J Actress Hattie Hattle Barnet Barnes Barne B t won her first case against Attori Attorney i H ney yester yesterday ay She II e 5 eK K sued for 2193 The Jury brought II 5 C t in a verdict for the gull full amount II 5 S St t 5 with 8 per cent interest II 5 B 5 The four counts counts counts' of the finding II 5 C Ct 5 t of f the jury is II 5 5 l First cause of action 20 II 5 H at 5 second third P t fourth total 06 II 5 S p. p i it v it it it it it n The Barnes breach o oe I promise trial which began yesterday m tn the Federal court came cameto lo to an abrupt termination Just after the opening o ocourt off of court this morning In the announcement announcement announcement announce announce- ment by the defence that by consent oC of the litigants the actress plaintiff should shoud take judgment for 1000 and the costs coat o othe 01 the suit Stay of Execution Granted A stay of ot execution of forty day days having been granted in the Judgment which was rendered In favor of Mrs Barnes yesterday counsel agreed that there should be a stay of thirty nine days das in the execution of the judgment entered this morning so as ag to bring both judgments together This makes a total judgment of 06 When Then asked why the defence had agreed to settle the case even for s so small an amount as 1000 1000 Judge Rives Rive said sad We W e were disgusted with yesterdays yesterday's v verdict and threw up the sponge You YoW see the case was like this Either Elther we would have won our case In which ev event ent the plaintiff would recover nothing nothing noth noth- ing Ing or else she would have obtained d Judgment for a large amount possibly the 50 sued for in which condition she would have found it very hard t ta recover The attorneys for the plaintiff and the actress herself seemed to be well welt satisfied with the arrangements ments made When the breach of promise case was was was' called for tor trial yesterday afternoon the work of selecting a a. jury was at once begun Two Peremptory Peremptory- Challenges W Y S S. S McCornick and ad T T. T R B. Jones w were ere p Iy challenged by Mrs Barnes Barn ss s's s c counsel and as the venire was then he found to be exhausted F F. M. M wheeling a local railroad ee who was In court was selected to fill the twelfth place in the panel Much of the evidence In the breach of or promise suit will vili cover the same ground as that adduced in the suIt cult for recovery of money loaned This was indicated in Attorney Critchlow s s opening addre address address ad- ad dress s to the jury Mr Critchlow laid stress on the part of Mrs Barness Barnes's s story that after she and re returned returned returned re- re turned to the United States they had exhibited a magic lantern through the Southern Sates how they had stranded in Georgia how Mrs Irs Barnes had ob obtained obtained ob- ob tamed an engagement with the A A Stranger In New York lork company Then after faithful waiting for months for foe to fulfill his promise and marry her his client had made ful discovery that maN ned another woman Mrs Barness Barnes's Story Mrs Barnes who was the first wit wits ness began h hr her r testimony by saying she was 36 years vears of age and was the divorced divorced di dl di- di wife of William S S. S Barnes of Sari San Francisco Then Mrs Barnes told of taking tang ta ta- ta J king ng the show across the tha water and exhibiting it in England Ireland Ireland Ire land and France She declared that while her Income varied she averaged 1000 a week for the show Mrs Barnes met In Paris In the latter part of 1895 while he was UntIed d States Vice Consul ul In the French capital The acquaintance was the result of several contracts made mad out In French Trench which the actress h had d translated at the tho consulate The defendant de de- Mrs Barnes said paid at once began began be be- gan paying attention to her taking herto hento her hen to all ail kinds of entertainments such a ad hor horse hore e races and fancy fanc balls More l and more friendly did the com COU compie pie become till tm Christmas 1895 I was sas having link cuff buttons button made said the witness when Mr tr promised me a no ring for Christmas It was to have five diamonds dia dla monds and when the holiday season eason arrived arrived ar rived Mr told me one he had had trouble in matching the stones a so sa soI I 1 1 didn't get the ring till New lew Years Year's da day What did he hosay say to you rou jou a asked ked Mrs Mrs' Critchlow The witness seemed slightly confused My Engagement Ring Rang He put the ring on my finger anI and told me to consider It my engagement ring she replied What were your sour relations t at th the thi time asked the attorney We e were were very friendly was the answer Several days before Christmas Christmas Christ Christ- mas he took me to the Keeper hotel-Keeper and Introduced nie me as his fiancee the fiAncee the future fu Cu- Cu ture Mrs Mr rr Critchlow then drew from the tha witness statements that before this borrowed small sums of ot money mone which consta constantly Increased This was followed by the witness with the statement that nearly every enry one In Paris Parlo saw them together and thought them engaged Shortly after Christmas Christ Christ- mas mas Mrs Barness Barnes's s contracts ran out and she was making arrangements to travel tra in Austria when In a desire to te keep her In Paris Mr sh said sent her to l Iana Manager er Marchon of ofa a vaudeville theatre and Instructed him him to engage her at a greatly reduced salary salary sal sal- ary he agreeing to make up the de |