The evening world., 1893-07-25
RUSSELL SAGE WINS.
Judge Bookstaver Refuses to Va
cate the Order for More Time.
First Victory for the Millionaire In
Mrs. Keegan's Suit.
she Must Also Fay Costs Of the
Motion.

"Motion denied, with $40 costs" was
the literature of the decision OF Judge
Eookstaver In the Court OF Common
Pleas to-day in the case Of Della
Kcegan, who asks sl0O,ooo damages from
Russell Sage for an alleged wrong done
to her twenty-four years ago.
John baptist Marshall, counsel for
Mrs. Kcegan. moved with arguments
and affidavts. the presentation of which
took all day yesterday. that the former
order OF the Court be vacated giving
Mr.. Sage more time in which to amend
his answer to her complaint, In order
that he might present further aftida-
Wits to the effect that Della has lived u
dissolute life, spent much time on
Blackwells Island. and Is Of unsound
mind and irresponsible.
The denial of the motion for vaca-
tion OF the order leaves MIR. Sage and
his counsel Henry S. Bennett. with sew
eral days in which to amend the an
swer.
In the multtudinous ahl1avits pre-
scented yesterday. which included the bill
of particulars which the Court had or
dered Mrs. Keegan to furnish, It came
out that Mrs. Keegan's baby was born
twenty-four years ago. in Ireland. and
is buried there. having died in infancy.
The bill also specified that the venera-
Bile millionaire committed the wrong
Of which she complains. and for which
she demands 100000, In a house that
was many years ago torn down, ''in
Central Park and other outdoor
places
She also alleges that Mr.. Sage gave
her drugs at various times, which had
the desired effect Of concealing her
shame.
Neither Of the parties was in court
this morning. But the affidavit % Rus
sell Sage. presented yesterday, declared
that all OF the allegations of Miss kee
gan, general and specific. were but a
tissue Of lies; that he never knew the
woman at all. except that he had been
appealed to to help her on one occasion
because she was the sister Of his former
cook, Mrs. Mulhearn.
Mr.. Marshall read ali affidavit of Mrs.
/ Mulhearn to the effect that all Of the
allegations in her testimony before
Referee Runk. in which she is made to
say that her sister, Mrs. Keegan. was
dissolute and erratic, n lunatc and the
mony: that she never swore to any such
testimony, and only signed the deposi-
tion when she had been told that she
must or go to Ludlow Street Jail. and
that she then signed the paper on the
promise Of the lawyer that these allie
cations be stricken out
Mrs. Mulhearr also swore that she was
not sworn at that hearing before Referee
Runk, a notary public called In only ask
Ing her II her signature to the paper was
her signature.
The story Of how Mr. Sage had been
appealed to to interceCe In behalf OF
Mrs. Keegan, a helpless woman, and
procured 'front.' the Broadway Railroad 8
settlement with her for injuries received
by falling off car. was told in Mr.
Sage's affidavit.
piteous appeal. as 1t had been in many
another case. but that he did not inter
cede for her In that matter because he
felt that she had any claim upon him
but simply because of his easily wrought
sympathy for an apparently helpless
An affidavit signed by Dr. Charles s
Collins, to the effect that after care
full examination, in fact, several eXami
nations. DR.. Collins WAS ready to swear
that Mrs. Keegan was of sound mind
though afflicted with physical depression
mittcd by Mr. Marshall, and that lawyer
insisted that the amendments which Mr.
sage sought to make to his answer wer,
entirely Irrelevant, and without bearing
on the subject In dispute. ~
hI