The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1894-12-28
ARGU MEN rs.
Attorneys Give Us Moth
ing to Read But
Words.
Our 8. D. Smith Makes
a Brilliant Record
on the Case.
The Arguments are Still
In Progress This
Afternoon.
FRIDAY.


The last instrument of the Saul
paugh case was in court today when
Attorney B.. d. Smith opened the
argument for the defense. After
thanking the jury for their attention
during the case and apologizing fol-
the time consumed, Mr.. Smith opened
the argument of the case to the jury
He said:
''From the nature of the case al
bar, in order for the plaintiff to re-
cover damages, it is necessary fol
them to prove two separate and dis
tinct facts. First, they must prove
by fair. preponderance of evidence
that there was valid promise of mar
rage made between the parties. The
second, that during all the time of the
alleged engagement, it must be proved
that plaintiff remained true and faith.
full to the defendant and did not live
an immoral life.
: "We allege that this woman was not
virtuous woman at any time after
their engagement. When she first
met Saulpaugh she was in question
able place. She then and there formed
a plan of getting his money, and day
after day and month after month she
obtained money from him. And now.
to cap the climax, she comes before
this jury and asks damages for an al.
legged breach-of-promise to marry.
Sin all the letters that have been
read there are two constructions to
be placed upon the words, which are
claimed by the plaintiff to be a pro.
mise of marriage. Mr.. Saulpaugh
places his construction upon them
and we leave the whole matter to you
as the final judges. In the first place
there is violent presumption that
man would not promise to marry a
women of the plaintiffs character.
This is presumption and it must be
overcome by the defense or stand ad.
mitted. This defendant could never
have contemplated making this
woman his wife. Were you in his
place would you think of such
a thing?-would you have been
willing to place such woman
at the head of your house?
This must be taken into considera-
tion in determining whether or not
there was a promise of marriage. Is
she fit to be any mans wife? She
would make the rounds of the road
houses and dance upon tables in sa-
looms in the presence of men. Think
of her taking hack drivers to her
rooms, and vieing with the worst
characters in ST. Paul in her actions.
Think of that, and then do you be-
lieve that Mr.. Saulpaugh ever prom
ised to marry her? 1 say there is
evident presumption, and that nc
man would ever promise to marry
her.
"She claims there was a promise
made in the presence of Mr.. and Mrs.
LOOMS. Why don't she bring Mrs.
LOOMS as witness? She has money
to pay the expense, but she makes nc
effort to have her as witness. Nc
such promise was ever made; that is
the reason Mrs. LOOMS is not here.
SIN all these letters there are nc
references made to their future home
no arrangements for the marriage
They bring no proofs that she had q
wedding dress made. Where is the
dressmaker who made it? She is not
here, and they have made no effort tc
get her here.
"While she was in San Diego she
made direct admission of their sew.
cred relations, if there ever were any
such relations. You heard the letter
read. Did they sound like the words
of woman engaged to be married?
"While she was in California
Thomas Saulpaugh died, removing the
only obstacle to their marriage, &C.
cording to her own theory; and shortly
after.h his death she came to ST. Paul
but she said nothing of marriage
then. She went on to New York to
engage in business for an in.
definite time. While she was in
New York she wrote asking fol
her trunk and diamonds, and
stating that she thought they
were to remain friends. Are these the
kind woman engaged to be mar