The San Francisco call., 1899-09-22
WOULD HAVE
SCRATCHED OUT
JAMES EYES
Bitterness in Hod ge-
N'ChOll Suit
Oakland Office San Francisco Call

90S Broadway, Sept u.
1t is likely that the $4,000 breach of
promise damage suit Of Jane Hodge
against John Nichon, the aged capital
list, will go to the jury some time to-mor-
row. The taking of testimony was con-
cluded early this afternoon, and after
recess Attorney Emil Nusbaumer of
counsel for the plaintiff began his argu-
ment before the jury. He made an elo-
quent and forceful plea, picturing by
words the cruel manner in which the aged
Duke Of Richmond" had lacerated the
affections of his client by breaking the
engagement OF marriage. When the at
torney reached that phase Of the case
which treated of Mr.. Nichcll's feebleness
he gracefully warned the many women
who had thronged the courtroom that his
closing words OF the day might not be
pleasing to them, and SO they retired to
the corridors. Tomorrow Mr. Nusbaumer
will close his argument, when Attorneys
Mhoon and Mckee will argue for the de-
fense. Colonel Foote will probably make
the closing argument.
During this mornings session Miss Ma
zie Nicholl. daughter of defendant, was
recalled by the prosecution 10 take the
stand TO tell how she came to write let
ters for her father TO Miss Hodge. She
said that her father suggested she write
them from his dictation. She admitted
that before mailing these spicy epistles
they had been submitted to Attorney Ma
jor Mhoon, who had suggested a few
changes. She st Led too that the first
mention she had ever made to her father
about having learned of the engagement
was on the first Monday in December
Miss Hessie Nicholl, another daughter
of the defendant was next called. She
too told what had taken place at Jane
Hodges home at the time the latter an
nounced the engagement TO hel. Il asked
Jane when she was coming over TO our
house said Miss Hessie, "and then she
asked if Maize had not told me of the
engagement, and ! said yes. Jane said;
1 hear you girls are mad at me- Why?
/ asked She said: Because I am going
TO marry your father-didnt he tell YOU?
I said: No he did not. You know, Jane.
We could never get along together. 20
YOU expect to come into our home? She
said: Yes, | suppose so; but you know
your father would never turn you girls
wants to get married, and she. said: You
know how ardent he is SAID ::
Jane. you know he is an old man and is
said: He knew what he was doing when
he hugged and kissed me the way he did
l said: We girls are very much aVerse
to putting, anybody in our & dear hio mother her,
if l were in your place would Kick like
Witness then went on to tell about the
ride with her sister and Jane, during
which everything was declared off" Her
testimony here was quite similar 10 that
of Maize Nichols given yesterday. She
too had kept tab on all talks had with
Jane Hodge.
Mrs. Wilson, married daughter of the
DEFENDANT was called She was present
Al the little episode at the home Of Mrs.
r. l. Boyd when the latter had told her
of the engagement. Mrs. Wilson testified
that Mrs. Boyd on that occasion had said:
s'It is shameful It's a disgrace. How
did you keep from scratching James eyes
out? Had been in your place l would
have done So
some time ago before a notary, was next
read by Attorney Mhoon, who thereafter
recalled Miss Hodge in rebuttal OF the
testimony of Maize and Hessie. She tes-
tilted that she had never said TO them
that her engagement with Mr. Nicholl
was conditional on their decision.