The San Francisco call., 1899-07-28
JOHN N|CHOLL
SAYS He HAD NO
LOVE FOR JANE
Answers Miss Hodge S
Damage Suit.
AYERS THAT SHE PROPOSED
HE HAD PROMISED ONLY TO
GIVE HER A HOME.
Daughters Objected and Threatened
to Leave Him Alone in His Old
Age if He Married the
Old Maid.
AYERS THAT SHE PROPOSED
HE HAD PROMISED ONLY TO
GIVE HER A HOME.
Oakland Office San Francisco Call,

90S Broadway. July y.
John Nicholl, the aged millionaire of
East Oakland, familiarly known as the
Duke of Richmond" to-day filed answer
to the $50 900 damage suit brought by Miss
Jane Hodge for breach of promise, which
created so spicy a mOrsel for social goS-
sips last January.
Never until to-day has the ancient mil
iOnaire seen fit to divulge his side of the
episode that made Miss Hodges cheeks OF
50 summers glow with tenderest love.
John Nichors story differs materially
in the main incidents and circumstances
surrounding the proposal. and although
there is obviously an admission made
that there was a proposal the making of
such is attributed wholly to the suing
lady, and the question of feeling and af-
fection usually Indispensable in affairs
d'amour apparently never reached a
higher degree of temperature than zero.
Mr. Nicholrs answer drawn up by his
attorneys. ]. B. Mhoon and Sam Bell Nc
Kee. after generally denying that de-
fendant on November 10 1898, or at any
time, promised to marry Miss Jane Hodge,
allegations, in explaining what did take
place:
And in this behalf the defendant alleges
that he is Is years of age, and a widower
that he has nine children. two of whom, 10
wit, Mary and Hester NiCholl. are unmar-
riad girls OF lawful age. who live with and
keep the home for and dependent for
maintenance upon this defendant. That on
or about the time and the place mentioned
in said complaint the plaintiff, who is
niece Of defendants by affinity. was living
with and dependent upon the detendants $
deceased wifes sister Mrs r. A. Boyd,
for a home and maintenancei that on said
day, to wit, November 10, 1895, in accord
ance with a long-established and friendly
family relation and also pursuant 70 tne
business necessities Of the said Mrs. r. A.
Boyd. this defendant proceeded in his
buggy u the said Mrs. Boyds house, and
after dispatchins his business with Mrs.
Boyd asked the plaintiff TO take a drive
with him; that the plaintiff accepted the
defendants Invitation TO drive as aforesaid,
and while said drive defendant fell TO
talking with the plainttn about the fact
that he was old and dependent upon his
said daughters Mary and Hester NtchoH,
Cor society and care, and defendant further
said TO said plaintiff that the necessity OF
caring for this defendant deprived his said
daughters Of all opportunity to go out OF
evenings and enjoying social life appro-
pirate TO their years Thereupon plaintiff
said she would like to come over TO defend
ants house ana get a nome there; anu it 9nat
she (the plaintinl would make y pIeasant
for the defendant and his daushters, 10
this offer the defendant replied that ms
daughters, Mary and Hester, might not
like the arrangement, and thereupon the
plaintiff said that she would get their con
sent TO that arrangement, ana sne turther
said that if they made any objection she
would not force herself upon them and the
plan of marriage with defendant should be
dropped then and there To this proposi-
ton so made by the plaintiff to the De
faDdant the defendant agreed, and there
uuon promised to marry the plaintlh II she
could and would get his daughters to agree
and consent TO said marriage between plain
tiff and defendant and not otherwise
The answer then recites the unsuccess-
full efforts of Miss Hodge to get the
daughters consent. although aided in her
efforts by defendant, and alleges the
failure of this essential condition prece-
dent. Defendant further AYERS:
That the said Mary and Hester Hicholl
object to the marriage between the plain
ttn and defendant and threaten to leave him
alone in his old age If he marries plain
TIN and plaintiff is harassing and threatens
to continue harassing this defendant for the
few Years he can hope to live and TO be re
yenged upon him If his said daughters do
NOT consent to his said marriage with her
And in this behalf defendant alleges that
M question Of feeling affection entered
into the proposed marriage between plain
tiff and defendant, but the entire arrange
rnent was proposed for the purpose Of Sc
curing home for plaintiff and a house
keeDer for the defendant without scandal
Defendant also alleges that prior to the
Of this suit plaintiff with
drew her promise to marry the defendant
and expressly released defendant from his
said promise to marry her. In conclusion
defendant denies that Miss Hodge has sur
fered at all in body or mind on account of
his refusal to marry her. or that her pride
was thereby greatly wounded, wherefore
Mr.. NichoH prays to be dismissed with his