The evening world., 1893-09-27
SAGE Wins ANOTHER POINT.
Della Keegan Must Answer His
Plea of Limitation.
10. Days to Show that the Statute
Does Not Bar Her Case.

Lawyer John Baptist Marshall. who Is
cndeavoring to show that Russell Sage
ought to pay owe to Mrs. Della keegan
the sum OF $780, VD for alleged breach Of
promise. brought II hig pile of calf-bound
tones into Judge Pryor's court this
forenoon.
Mr.. Marshall was there to show cause
why the Statute OF Limitations was not
u bar to the action In court.
Col. r.. c. James. for Mr.. Sage. read
portions of the complaint entered by
Della Eeegan.
The extracts bore on the alleged facts
that the plaintiff. under coercion and
protestations Of love. was induced to
submit to Mr.. Sage. The time was set
somewhat Indefinitely as In 1865 or 1869.
Mr.. james was interrupted by Judge
Pryor. who asked what counsel for u"
defense understood tn" present action
L" be.
.'"Th" most liberal construction to he
placed nr1n IT, answered ''"I. James,
sis, that Mr.. sag" Promised to cherish
and protect Della k"'san ON condition
that sh" continued her relations with
him. That seems to l." the only basis
for the action now hrf"r" Your Honor, Oh,
Judge Pryor simply said ~ M" and
heard counsel AT further length,
The court reminded counsel that q
promise or marriage Vas continued ana
that IN" breach only occurred when one
or other Of the contracting parties was
married I" some else.
col. James then said that even in
that cas-. the statute of Limitations
would apply. ~ Mr.. Sag was married
SOM. twenty -rnnr. Years aGn,
col. James alluded 20 the Who'll" mat
ter aS II "fancid rdl!E" of action rakc'l
M nf"r all those years FOR obvious
r~usuns.
Lawyer Marshall took exception To
Cot. i~alnes's language and III" ALLEGED
impugning tn" motives OF the defend
ants counsel in bringing III" suit.
shall, TO Offset the alterations mad,
against p"!iA keegau's character ma
not he ashamed to plac. IA" PERSONA
that OF Nj .Sase.'
ir~y.T Marshall took occasion TO DC
pl' asel t" term the puhli, s"ntimcn
against Tim Tor bringing the action. am
iI- inttwationS from opposing cuunse
'h.i h. Was skating "m hun nee ,.
;a,'h, /, * this omr, We are mos
~auNiCU. for u" case - - to i"i"' ol
- m"rl',r. aud hay" 40 mi ~Ii\.nss ahou
t!l" %lrsGli,'
: Replying 10 the defrn.,'s aIlcg lrioi
TINT there MAS Uevhr amy uou-ldvrttiol
attached :" the alleged voutrar: ~ ms,
r!"e", Lawyer MulenN!l aii tagt, a. /,
wrll.knoNn p~rtnciries or economy la.
n'"n applied all Through HI assocII;ipu
With Della,
rnl. Jam-s asked tra, rl,in,.n he re
Uuiirl to plead t. lho d'tcu-" S"J Il,
~ MIR. sac. vepardirS IN" s'atut" a.
limitation. As NJ. Marshall had fnlic
80 SHOW Why h" Should not do So, IN,
d]e'"ns", W thought, was entitled to thi
railing.
Judge Pryor. in giving lis dcr,sio,
on the motion, said that II was rcIiccr
clear 10 IT." Court thRt IN" AZ, yrar
statute OF limitation was III" only on
which would aprly IN tho present cas-.
The question a. 10 whether or not IN
cause NJ action occurred within tn" las
six wears was III" uu" II he runstdcrSI
Judge Pryor Ihru "nUmcrutol tn
, vented tn" limitation act frDA holm
applicshlN. Non" "f them, 50 tdr ~ y
n could soc. applied in tive cr 20 AZ bar. an
A he. therefore, granted an order rouu.r
Ing piaintifi to rlCHd 10 the defense So
up hy Mr. sage within ton days,
'"', james seemed highiv pleased vii
this. AMI said tha, he could not 500 vhd
grounI Mir. Marshall had TO stand T.
now.
The only other excuse for IA" 0ctin
:, being allowed 10 come 10 trial Was. !
Thought, tn" production % y written Gov
tla,t between Mr.. SaE" and Della kc'
gan made within the last six years.
A. Mr. sag" has had n wife liviu
"a during that period, hiS counsel duub'
ID any such valid contract can he pr,
duced.
Lawyer Marshall. however. left II
) COURTROOM smiling. lie minated thu
Tense very soon.