The San Francisco call., 1897-01-26

erty rights are identical in both actions.
She says he is worth 100000, while he
declares that his property will not total
more than 100000.
Mrs. Quackenbush is elderly but we'll
preserved, with the manners of lady of
culture, gentle voiced ana clear of intel
lect. Her appearance on the witness-stand
indicated that she knew what she was
about, and none of the attorneys was able
to shake her from any position that she
once took in regard to the relations be-
tween her and Mr.. Quackenbush before
and after their marriage by contract.
In reply to Attorney Arthur Rod gers the
lady told simple tale of her marriage by
contract. She said that she met Mr.
Quackenbush first when she went to him
for the purpose of seeing about some re-
pairs to house in whicn she was living.
Alter that their acquaintance ripened into
friendship, and he often called to see her.
He manifested his affection for her and
asked her to marry him. He rented a
room in her house and a few days after
ward they were married by contract, the
document being IN these words:
SAN FRANCISCO, Nov. Is. 1889.
Know all men that l, Thomas NJ. Quacken-
bush of the City of San Francisco, State of
California, and Nancy Ann Abbott OF San Fran
gether as man and wife. share and share alike,
solong as we both shall live.
THOMAS NJ. QUAcKENBUsH,
NANCY ANN ABBOTT.
To indicate that she was recognized as
the wife of Mr.. Quackenbush. she pro-
duced the following order for the delivery
OF some valuable diamonds:
DECEMBER %, 1892.
Mr.. GGfter Fredericks: Please deliver the dia-
monds left in your care to the bearer, my
wife. THOMAS NJ. QUACKENBUsH.
1t was agreed, Mrs. Quackenbush testi-
fed, that there should be no publij an
nouncement of the marriage, but consider
able comment having been made in regard
10 her relations with Mr.. Quackenbush, she
talked with Attorneys Rodgers and Heller,
and received form of acknowledgment of
marriage, which she wrote out, and Mr..
Quackenbush signed it on Christmas day.
1t reads:
Mrs. Nancy A. Abbott having become my
wife on Novem Der Is, 1889, upon my agree
ment that she should receive wife's share of
my estate at my death, l now confirm that
agreement and charge my property with it,
and change my will TO give her this full share
as If l had made no will, and she can make
public our marriage.
THos. NJ. QUAcKENBUsH.
This brief document was made the sub
ject of considerable discussion later in the
day, as Attorney W. w. FooIe showed
that Mrs. Quackenbush testified originally
that Mr.. Quackenbush suggested the
words in the statement, and he believed
that her subsequent correction was made
at the suggestion of others, who knew
that it might be important to have the ex-
act truth brought out.
Another paper was also offered in evil
dence, showing further acknowledgment
of the marriage:
SAN FRANCISCO, January 4, 1893.
do hereby declare that Mrs. Nancy A. ABB
bott and myself were married on Novem Der
is, 1889, and we have since lived together as
will as to give her one-half interest in my
estate at my death.
Witness: A. II. Abbott.
Della M. Humans.
Mrs. Quackenbush said she had asked
her husband to sign that document be-
cause he had promised her and her son
that he would do so. He signed it just as
he was about to go away to the springs for
the benefit of his health.
When Attorney Foote began bis cross
examination il was evident that there was
no good feeling between them, as they
met before at the taking of the lady's pre-.
liminary deposition, and the verbal con-
test begun at that time was continued in
court. After leading the witness quietly
over the main points of the case Mr..
Foote took up the marriage contract OF
November 15, 1889, and spirited colloquy
took place.
Mr.. Foote-Now, this so-calIed marriage con-
tract. Was it for love?
Mrs. Quackenbush-Yes, loved him; Ger.
tsinly loved him.
Nay ask you your age madam :