Page:The Green Bag (1889–1914), Volume 12.pdf/335

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And she finally consented, though she ' d said she ' d ne ' er consent; And if you do find further that defendant has re fused To carry And a verdict out his forcontract, the plaintiff he cannot 'twill your be excused, duty be to find That will fairly compensate her according to your mind For the damage she has suffered, but in no event for more Than one hundred thousand dollars, the amount that she sues for. On the other hand, however, if your august body finds There was not a complete meeting of both the par ties' minds, She should not receive a verdict, though her smiles be e'er so sweet, For the law requires that the minds of both the par ties meet. Therefore if you find he promised not, or even if he did, The promise of the plaintiff was a pure and simple bid For presents from defendant, so dear to female hearts, Also Why intended then, 'tis by clear her the to aid minds the of witness both Swarts, the parties never met, And the law says most emphatically she can't a ver dict get. But though the plaintiff was, as claimed by connsel Engaged from to hiswed seat,five others, this alone should not defeat And Her, In determining with but consider the next if her italleged when promise argument defense, was athat isbona done, when fide one. their

lips did meet The painter's art made plaintiff's kiss taste anything but sweet, 'Tis So clearly quite unnecessary it appears for the you matter's any time simply to waste, one of taste.

Then, by charging he was hypnotized, he seeks her claim to meet, But a " rose by any other name," you know, " would smell as sweet," For we 're satisfied, you 41 say 'twas love—you all have felt its dart, Defined in dictionaries, " an affection of the heart." The diamond that he asks for, in this case you can not reach, The only question being, did he promise, did he breach? The court instructs you further, as the lawyers who speak last May contend there was no contract, no considera tion passed, That marriage makes the rights of parties different per se, A Than Not consideration only a promise to eachof better other, marriage, 'twould but thewe be whole can difficult call community. none to findnow

to mind. So that if one promises to wed, the court would Thathave the you promise know,of the other is a legal quid pro quo. You 're to decide the issues on the evidence in the case And not be swerved by counsels' speech or plain We For trust that tiff's you this pretty admire admonition face. her beauty, will nottobethe made court in is vain, very

plain. Discharge your duty faithfully and fearlessly as well, Then your children and your neighbors will with Deal pride out even-handed the story tell,justice, as you jurors see the right, And if you find for plaintiff do not make your ver dict light, But let it be substantial, that will make defendant wince, If for defendant, tell him, without day he shall go hence.