The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1894-12-28

ried? She asked him if he did not in
tend to write any more, and she begs
to him to write to her once more If
only for old times sake. Were these
words written by woman to man
to whom she was to be married soon?
Some way or other | have always
thought good deal of you and do
yet; won't you write to me and tell
me what is the matter?' Do you be-
lieve gentlemen, that she was engag-
ed to him at that time?
''She claims that even while she
was here in October that Mr.. Saul
paugh promised to marry her; this
! was but few days before he married
| his present wife. Do you believe,
gentlemen, man to be married in a
week or so would promise to marry
another woman?
"Why did he tell his attorneys to
see her and send her out of town, if
possible. if he promised to marry her?
''He is supported on this point by
two witnesses. They each swear that
he didsnot stay with her and did not
talk much with her while at the
hotel. They testify that she asked
for him and not he for her. They say
she left her door open; she was look
| ing for him, and she wanted him to
come.
"When he sent her the ring he sent
it by express, with no message with
| it, no words of endearment, nothing
spoken of the future. Would you,
gentlemen, act in this way? Would
this be the natural way for you to act
in such case? He only asked her to
acknowledge the receipt of it, and
that's all.
She says she promised the defen-
dant to live a virtuous life dur
ing their engagement, and this
promise is presumed by the law.
1t is an absolute necessity to
valid engagement. And so, gentle
men, if you find that she did not live
such life during the engagement,
then you have no right to award her
cents damage. Even if there was a
promise, it is necessary that she live
chaste life.
"The conclusion to be taken from
the evidence as to her life in ST. Paul
is irresistible. There is only one conclu-
sion to which to come, and that is
that she has broken her agreement.
"By the testimony Of the best men
in St. Paul she lis guilty of divers
acts of lalwessness; by the records of
the police station she is convicted of
such acts. We uhave proven these
facts by numerous witnesses whose
testimony is unimpeached. You
heard her, gentlemen, deny these
facts-deny that she ever knew these
men, and yet, during their cross-ex-
animation, you observed her suggest
to her counsel what to ask them.
They do not attempt to deny these
charges except by her own testimony.
Why don't they bring witnesses from
st. Paul to swear to her good
character? There would be plenty of
them there had she an unblemished
reputation. We have it from
the mouth of several witnesses
that she is now keeping a
house of ill-repute in Chicago, and
the plaintiff has made no attempt to
deny it by witnesses.
eff, gentlemen, you award her
damages, even a cent, you say to
Clarence Saulpaugh, you should
have married this woman and made
her your companion for life Can you
say such thing to man, gentle
men, no matter what his station in
life? Can you say he ought to have
such a woman for his wife?
SIS she a fit wife for any man?
That is the question in the case. We
admit we have been in fault. Mr..
Saulpaugh has been in fault and he
has apologized to the world for his
folly, but can you say he should have
married this woman? That is the
real question and 1 think the law
directs a verdict in his favor and the
court will so charge you"
Mr.. Smith here concluded his ad-
dress, which was certainly plain,
straightforward statement feelingly
expressed, and he was given the clos
est attention throughout by court and
| listeners.
ATTORNEY JONES ANSWERS.
Plaintiffs attorney, Mr.. Jones, be-
gan his argument to the jury upon
the close of Mr.. Smiths plea, and oc-
cupied the time up to 1915. He
spoke in substance as follows:
1--WE have made our case, gentle
men, and we have not been compelled
to, neither did we advise, our client to
purchase witnesses to swear for us.
We have relied upon the plaintiff IS
testimony alone and have concealed
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