Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1895-05-28
M'PHAIL is HEARD.
Defendant in the Breach of
Promise Case on the Stand.
A ROASTING CROSS EXAMINATION.

Tells Of His Relations With the Plaintiff
DR.. Werner Surprises the Attorneys
Such of the Evidence as is Fit for Publ
cation.
A waiting crowd of bald-heads
were assem- bled in the circuit court
room long before the opening hour
OF the afternoon session, yesterday,
with open mouth and ear intent to
catch every morsel of libidnous talk
anticipated in the defense Of the
Trovillo-McPhail breach of promise
case. And their expectations were
not disappointed. Moral filth ran
wild for three hours. and people who
revel in such depravity could get
their fill, yea, verify. and be salts
fed.
The plaintiff was first recalled and
asked as to the mending of the de-
PENDANTS clothing, underclothing
and socks, to show their intimate
relations, and the little attentions
which a wife in essc or soOn-to-be
would bestow upon her husband.
Gne DeIense.
w. J. Mcintyre, the partner of the
defendant, was the first witness
called for the defense. He said he
was engaged in the mercantile BUSH
ness in Reynolds, and had been for
eight years; had known the defend
ant for about eleven years. Witness
knew nothing about the intimate re-
lot; bot
after the suit was brought; that he
noticed the nails protruding from
the ..hole in the WALL" and upon
inquiring about it was told by the
plaintiff that they were used as
clothes hooks. Just prior to the
suit, plaintiff had a conversation
with witness in which she told him
that she was going to sue McPhail
for breach of promise. Witness
asked if McPhail had ever promised
to marry her. She said no, but that
their relations were such as led her
to believe he would marry her.
Frank Keim, the harness maker of
REYNOLDS, said that he had known
the plaintiff for 80 years, they being
schoolmates together; that plaintiff
often called at his house, being there
sometimes as often as three or four
times a day; that he had CONVERSE
ton with her one day about getting
married, and asked her why she
didn't get a life partner. Plaintiff
said she would if she could get one
rich enough. Witness said there
were plenty Of rich old bachelors in
town, and then added, whats the
matter with McPhail?" Plaintiff
made reply in most profane language
in expressing the improbability Of
an alliance between them. On cross
examination the moral character of
witness and that of his family were
somewhat inquired into, and the
probability of such talk being posi-
bic with persons of high moral sense
suggested.
The Star Witness.
But the star witness OF the session
was Henry Werner, NJ. d., of Rey-
nolds, who testified to three occa-
SONS of intimacy approaching the
rubicoD, but not crossing into the
domain of criminality. One was
when the plaintiff was returning
from Aledo. when the plaintiff took
undue liberties; another when wit
hess took some towels to plaintiff to
be hcmmed, and again when he went
to get them. On these two latter
occasions. the intimacy being that
which should not exist between un-
married persons, while still falling
short of illicit intercourse. The
cross examination was directed to
showing that the position the doctor
assumed in his his testimony wa:
entirely unnatural. improbable and
almost impossible.
}. w. Titterington. clerk in the
ctore OF Mcintyre Il McPhail, testified
that both the partners and himself
took goods up to the plaintiffs rooms
how often each did so, he could no
say. Latterly McPhail was NOR
particularly inquired for on thes'
occasions. Witness knew nothing o
the relations between plaintiff an'
defendant other than in n bushes.
way.
The defendant was then put upo1
the stand. He denied everythin;
material to the plaintiffs case. DE
MED that he ever promised to MARI.
her; denied that he made any al
vances to her; denied that he toll
her he liked her, on the contrary
said he did not; denied that he mad
the hole in the wall or inside way t
her apartments from the store at hi
own suggestion. said it was her de
sire; said he did not call on her ha
as many times as she wanted him t,
that she was always after him. d,
string his company and attentions
: he admitted that he did not deSir