The San Francisco call., 1899-09-13
HIS FLAME Of
LOVE FL|CKERED
At SEVENTY
Hodge, Nicholl Trial
Begun.
Oakland ohce San Francisco Call

Little time was consumed IN selecting
Jury. Among those challenged was A.
BernaI, who voUched that he could not
imparttaIly try d case where a woman
sues for breach Of promise, because, as
he put 1t, the woman surely ought to be
willing to take even chances with the
man" The following jury was accepted
and sworn: Chris A. Mulvey, c. 3. Har-
mon. 0. c. Hyatt, NJ K. Eoughtou, Chris
Christensen. Richard Feige. B. z. Maloon.
Conrad Reigelhuth, J. H. Feusher. c. J.
ZobeI. W. 3. Bridge and Charles Z.
Harper.
Miss Hodge, the spinster plaintiff, who
has herself passed fifty summers, was
present with her attorneys, ". W. Foote
and Reed Se NusbaUmer. She was gowned
in black. and her white tresses. her quiet
demeanor as she gazed through her gold
trimmed spectacles, precluded even the
slightest excuse for any hint that an ad-
ventures was scheming to mulct an aged
capitalist Of 1000 glittering dollars for
her lacerated affections.
The defendant. John Nichon. who has
but recently passed his seventy-eighth
birthday anniversary. was also on hand
with his attorneys, Major John B. Mhoon
and sam Bell Mckee. But for the perfect
white "gaIloways" issuing from beneath
his chin. he would pass for a man OF %
years. His face is Uasstve-featured and
flushed with apparent health. not at all
Indicative Of blood that lags in its cir
cuIation or has cooled OF its animal heat
Maize and Hessie Nichols, defendant
two daughters, who are said by Miss
Hodge 10 have caused the engagement TO
be broken, were also in court, but were
excluded while Miss Hodge testified,
which she did after Attorney Foote had
made q brief though comprehensive open
ing statement 70 the jury.
= = .
California in 1884, and in Oakland in 1897.
She had frequently met Mr.. NicholI, and
their relations had always been pleas
ant On November g. 1888 Mr.. Ntchou
had spoken TO her about her need OF a
life companion. The next day they had
gone riding, when the aged capllalIsl
popped the question.
He said. 4" continued the witness, that
he was going 10 marry me, ana totu
him ! was willing. He told me 20 go 70
tailor next day and get my trousseau, ana
offered me money, but l woUIduE take
it. I told him I had not much money and
he said he would marry me II dldn
have q shoe on ne. You're the woman
/ want he said. and when I asked, What
will the girls -say2' he said they said they
wanted It. Yes and he embraced ne
passionateIy. I afterward told Maize
about our engagement. and from NoYeLu-
Der 70 10 December y he called on NE
nearly every day. Then ne ceased, ana
on December 26 wrote him letter and
again one on the -oLEt " t4CL Eli
him whether he was willing that should
publish our engagement. The letter was
here introduced by Attorney tOoLe- IN
il plaintiff had written that the rev
davs vou asked ne to wait before going
further in OUT little matter nave now de-
veIoped into three weeks, and as you
have not called on ne during tnat time.
folks here are beginning to wonder what
We mean TO do. Is Il not best tnat We
show them that we are both IN earnest
as 10 our marriage Inc letter was
signed Lovingly your promised WE
Attorney Foote then wished to submit
John Nichols reply 70 the foregoing
note NichOIs reply was IN the nand-
wiring of mis- daughter, Maize, and some
thing was said by Mr.. E0OLe about ad-
hitting that the letter had not oeen writ
ten by NiChoIls attorney, 10 Wnlcn AaIor 3T
Mhoou tersely retorted: Il nope, MI
FOote you viii not charge me with writ
ing so fmpolittc a letter. Mr.. Foote then
read the letter, as follows;
1851 Fourth avenue. East Oakland,
January g. 1898.
Miss Jane Hodg@Desr Niece: While on a
recent business VISIT 10 the ranch At san Pablo
? -acsfvad a tyne written letter bearing the
t,--,sz--ftran signature Jane Hodge. I pre-
sumo the letter was from you When re-
turned home I also found one OF the same na-
ture Both letters asked me this question
:. re you willing I should publish our engage
rlent7s' In answer 70 this question viii say
that never was aware OF an engagement exist
ing between us-but conditional asreeInelt
that II the girls my daughters, Maize and
F5essie) did not object TO your coming to the
home established BY me Tor them at l50L
Fourth avenue as my wife We were 10 be mar
rted. I never had any other Intention toward
you than marriage upon these conditions, and
they were fully understood and agreed upon by
You informed both Maize and Hessie at dif-
fereut times that such the agreement, and
that IL was your wish 10 conform 70 the agree
ruenr upou those conditions
You fuIIy understood what led ne 70 talk
yith YOU upon the subject Of marriage that
* was my thought 70 relieve my daughters
that you might be some reIief to them II an
agreeable alliance could be made between
You told talk with the girls on the sub
iect and II they were agreeable and would per
nit YOU 20 come TO their home my wife We
were 10 be married; II not then the marriage
Mazis and Hessie considered the matter very
carefully and consciously and finally decided
10 90 and ask you TO ride and talk with you.
Then they could better conclude whether Il
would be possible FOR them 20 permit you TO
become a member OF the household. On that
ride you at once assailed them for influencing
against you and delaying r1atrers-or try1g
70 break Up our friendship, This I now want
70 emphaticaLy deny ana aIsao9se your mind
Of any such wrong impression simply could
not carry out my intentions toward you on the
grounds agreed upcu-that We were % be mar
ried II could bring you TO our home with the
girls consent
It never was my intention to marry you and
be obliged 10 seek any other place Of abode
nor was t my intention to marry you and
bring you 70 our home contrary TO the wishes
az nv daughters, who have always made this
their home. This you fully understood and
on this same afternoon you told the girl.
that you could put but two constructions upon
nv sctious-efttsr that intended to marry you
or that my intentions were dishouorable Now
NY Intentions toward you were always coudI-
tioual. you know.
The girls decided, from the attitude you
maintained toward them. that IL would be i'm
possible for them to receive you into their
horne
In one OF the letters you ask this question
What shall I tell my frieuds?'' see no need
OF your telling them anything: but IL you DO
tell them the conditions upon which you agreed
70 marry me-that II the girls were willing
that I should bring you home my wife We
were to be married. II they were not willing
then the agreement null and void or a .
you expressed IL. ST off, Now I hope
that vou viii understand that the agreement
cannot be longer entertained and that you viii
hereafter meet NE and E1y family on the old
time friendly relations. Yours very sincerely
JOHN EICHOLL.
When Mr. Foote resumed questioning
witness and Major Mhoon made some OBJ
jections, creating a doubt in witness s
mind as TO whether TO answer or not
Foote kindly and facetIously advised Miss
Hodge that "the major ain't ruling on the
question" but that its admissibfIfty law
with Judge Ogden
witness then continued TO relate the
fact that a week after NichoII had popped
the question, which caused her cheeks to
burn. she NichoIl, Mrs. r. l.. BOYD and
Mrs Berry were seated a Mrs Royd's
home when witness announced the en-
gagement-