The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1896-12-11


Mrs. James looked very pretty as she
took the witness-stand in Judge Coffey's
court Yesterday to tell of her marriage
with her aged admirer. The story of the
courtship was interesting to all, and no
interruption was had until the all-im port
ant document was handed to the court,
when Attorney George d. Shadbu OBJ
jected to its introduction. AS it is of vital
importance struggle for its admission as
evidence will of course be made, but that
will come later.
After admitting that she is 20 years old,
Mrs, James was allowed to relate the
way in which she and DIR. James grew to
love each other. She said: II first met
DR. James on the 18th of December, 1894,
at 925 Howard street. Mrs. NJ In, my step
mother, and | took rooms there. l met
Dr. James in the hall and Mrs. Min In
troduced me TO D.. James. l had catarrh
and took treatment from him every day
from Decem Der IA, 1894. In my room l
had q piano and practiced about four
hours q day. DR.. James had no regular
office hours. If | was playing he would
come in our room. | remem Der the first
time he came into the front parlor while l
was playing. He said l played beauti-
fully and he loved music very much. He
came to hear me play.
1t seemed to be case of love at first
sight on the part of the doctor, at least,
for the next day after they met he began
to give Bohemian luucheons TO his in
amorata. The lady's test mony pro-
ceeded: ION the 14th, in the evening we
had lunch, furnished by the doctor. We
had cream cheese, crackers, pickles and
sour wine, and sat together till quite late
in the back parlor. He often came in and
said, You have no fire in your room,
come into my office About Christmas
he came into my room while was play
ing and said, You are fine pianist
Those were his exact words He said that
was the sweetest m usic he had ever heard.
| had the music in my hands. Sydney
Smith was the author. Other pieces were
played. Longing was one.
lit is quite dreamy piece. soft and
sweet, in the major key. He did not
like classical music. His favorite
song was Loves Sorrow 1t is sad and
sweet. | sang it three or four times. He
said it was very sweet, and that l sang it
beautifully. He picked up the music
and kissed it.
Ali this was preliminary to the avowal
of love and proposal of marriage, which
came the day before Christmas, eleven
days after they met.
Continuing somewhat coyly, Mrs. James
said: ION the 4th OF Deem Der l went
into his back parIor about half-past 8
O'Clock in the evening. He had fire and
sat beside it. He said: Little one, |
didn't think | was capable of loving as |
love YOU He asked me to marry him."
Then, of course, the lawyers wanted her
to repeat the exact words of the proposal,
and she testified that he said, will you
marry me?"
what did you say?" insisted the attor-
ney, and the witness replied: 81 said |
had never thought OF marriage. He kissed
me on the fore head, and he said if his
~. H. 10 h
would give it to me. He said he knew he
was an old man, but that he had young
heart.
II made no reply except thatI had not
thought much about marriage, and that l
would speak 10 Mrs. Min about it. and
that / would write to my father, who was
in the mountains. He gave me ian for
q Christmas present.
From that day on DIR. James kept con-
stantly asking me to give him an answer
TO his question.
'On the evening of January6 6, 1895, while
we were seated together in the back par
lor, he said he wanted me to marry him
there and til en-, and | asked him how that
could be done He said we could be mar
ried by contract, and had me write out
contract by his dictation, which we both
signed and considered ourselves married.
When Attorney Cotton handed the con-
tract to the court Attorney s adburne
interposed an objection and long argu-
ment ensued, in which Attorneys Hart
and Hudson also took part.
Among other things it appeared that
the use of the word husband in the con-
tract may cut an important figure in de-
termining the case, as Mr.. Cotton thought
that Supreme Court decisions as to man"
and wife contracts were different to what
they would be in regard 10 husband"
and wife contracts.
Judge Coffey seemed to be inclined to
admit the contract "for what it is WORTH"
as the lawyers say, but suspended judg-
ment on that point until some future day.
Mr.. Shad burne argued from some of the
decisions of The Supreme Court of Cali
fornia that the signing of such contract
and assuming marital relations did not
constitute legal marriage.
There seemed to be general regret on
account of DR.. James brief happiness as
married man, for he died in twenty-five
days after that back parlor contract we'd
ding In order 10 give the attorneys time
to prepare for further argument the case
was continued until next Monday.