The evening world., 1893-09-27
SAGE Wins ANOTHER POINT.
Della Keegan Must Answer His
Plea Of Limitation.
Ten Days to Show that tho Statute
Dces Not Bar Her Case.

Lawyer John Baptist Marshall, who is
c~ndeavoring to show that Russell Sage
ought To pay over to Mrs. Della Keegan
the sum OF S,00.O 600 for alleged breach of
promise. brought "A big pile of cnlf-bound
tones into Judge pryor's court this
forenoon.
Mr.. Marshall was there to show cause
why the Statute of Limitations was not
II bar to the action in court.
Col. r.. e. James. for Mr.. Sage, read
portions OF the complaint entered by
Della Keegan.
The extracts bore on the alleged facts
that the plaintiff, under coercion and
protestations of love. was induced to
submit to Mr.. Sage. Th" time was set
somewhat indefinitely as I'm 1868 or 1864.
Mr.. James was interrupted by Judge
Pryor. who asked what counsel for the
defense understood the present action
The most liberal construction to ne
lis that Mr.. Sage promised to cherish
and protect Della Keegan on condition
that she continued her relations with
for the action now before Your Honor. y
Judge Pryor simply said "lm," and
heard counsel at further length.
The Court reminded counsel that a
promise of marriage was continued and
that the breach only occurred when
or other of the contracting parties was
married a. some n else. -
COL. James then said that even In
that case the statute of Limitations
would apply. AZ Mr. Sage was married
some twenty-four, years ago.
Col. James alluded to the whole mat
ter as a rancid cause of action" raked
up after all these years for obvious
reasons.
Lawyer Marshall took exception To
| l'nl lIl.N'1 ~. 81. mi tln, ull,.y..l
inpuGntng the motives of tn" defend
ants counsel in bringing tn" suit,
~ wish to say" continued Mr.. Mar
shah, TO offset the allegations made
against Della Kergan's character tina,
II this case ever comes to ;riul | shall
not b" ashamed TO place tn" persona
character Of my client side By sid" with
Lawyer Marshall took occasion To de.
frnd himself against what he was
pie nS'l 10 term IN" public sentiment
he intlmations from OPPOSING counsel
N over in my iirr." continued Mr.
Marshall, II conducted II ease in goo,
faith. 1t is this one. We are mos
anxious fur the ease to go to trial on
IL merits. and hay" no missivings abou'
In" result
Replying TO IN" defrnse's allegation
that Their" was never any consideration
attached tn the alleged contract OF mar
riage, Lawyer Marshall said that, as ia,
as h" had been able tO learn. MIR. Sage
wcll-Enown principles OF economy ha,
been applied all through his association,
with Della.
Col. james asked that plaintir he re
CURED to plead To the defense set vi
by Mr., Sage, regarding the statute .
limitation. AS Mr., Marshall had faile,
10 show why he should not do so, tn,
defense, he thought, was entitled TO this
railing,
Judge Pryor, in giving his decision
on the motion, said that II was perfect,
clear to tn" Court that the six years
statute Of limitation was the only on,
which would apply in the present case
The question AS to whether or not tn,
cause OF action occurred within the las
six years was the one to he considered
Judge Pryor then enumerated tn,
twelve statutory reasons which pre-
vented the limitation act from bcinI
applicable, None OF them, So far as n
could see, applied in the case at bar. an,
he, therefore, granted an order reuuir
ing PLAINTIFF to plead to the defense So
up by MIR, Sage within ten days.
Col. James seemed highly pleased wit
this, and said that he could not see wha
ground Mr.. Marshall had to stand o
now,
The only other excuse for the actio
being, allowed to come TO trial was, h
tract between Mr.. Sage and Della Kat
gan made within the last six years.
AS Mr.. Sage has had a wife Twin
Q during that period. his counsel doubi
any such valid contract can be pre-
duCed.
Lawyer Marshall. however. left III
courtroom smiling. He intimated tha
ne mad a surprise to spring on the d,
Tense very soon.