The San Francisco call., 1899-09-21
SHOCK Of The
TRIAL MAY KILL
JOHN N|CHOLL
So Declares Expert
DR.. WooIsey.
Oakland Office San Francisco Call,

Oakland Office San Francisco Call,
90S Broadway, Sept. 90
The features to-day at the trial Of the
$50 900 breach of promise suit of Jane
Hodge against the aged capitalist John
Nicholl, who is familiarly known as the
Duke of Richmond" was the expert
testimony given by DR.. E. S. Woolsey, ].
S. Eastman and Frank L. Adams; some
warm cross-fring between the attorneys
and the much longed for story of Maize
Nicholl, whom the aged plaintin regards
as the prime cause and instigator of the
breach of promise.
When the trial was resumed this fore
noon the courtroom was crowded with
spectators and Attorney Foote's cross-ex-
animation Of the aged defendant, Mr..
Nichol. was continued He declared that
he had never told his daughters Of his
alleged engagement to Miss Hodge, but
that the latter had broken this news to
them Regarding the spicy letter received
by Miss Hodge over his signature defend
ant frankly admitted he had dictated it1
contents.
what church Nicholl attended and the
First Presbyterian proved TO be the one
Mr.. Foote openly admitted ne was not
up on churches and Mr.. Nichon face
tiously remarked that 'it is time you
were"
you are known Shy the name of Duke
of Richmond sometimes! querled AT
torney Foote.
Yes, that and many other Names re-
sponded the witness, who at one time
owned Point Richmond, now belonging to
the Valley Railroad .1 and so sometimes my my
Joking" Thereafter matters pertaining
to Mr.. Nicholrs health during last No
Vember were gone into ana 1t appeared
that during that month witness had not
been well.
Dr. E. S. Woolsey was called this after
noon to give expert testimony as to the
aged capitalists condition. He graphic
ally described his method of examination
Of the defendant related the fact that
Nicholl had nearly tainted at the time
and that in his opinion, briefly. Nicholl
any shock would be likely to kill the de-
fendant I'm fact" he continued, ut is
my opinion that the shock of this trial
Foote vigorously objected. DR.. Woolsey
also declared that matrimony in Nicholl
case might prove Immediately fatal.
When DR.. Woolsey had been disposed of
he took a seat beside defendants counsel
and began coaching Attorneys Mckee and
Mhoon in their examination of Dr.. j. 5.
Eastman, who was next called. Attorney
Foote objected to this declared 1t was un-
fair, and referred to DR.. Wooisey as the
main guy of the defense's experts.
Judge Ogden. however, ruled that the
doctors action would not be Objectionable.
DR.. Eastman, as well as DR.. Frank l..
Adams, who followed on the stand. both
testified that they had examined de-
PENDANTS physical condition; but WhlIe
each summed up his various ailments
about the same, neither would vouch as
to any absolute proof of feebleness.
Maize Nichon, was now called, and all
eyes were turned upon her. She was
gowned IN black, with white front and
pretty blue collar. Around her neck also
loosely hung a black boa. Her hat was
eorgeously decorated with green feathers.
Her hair, sprinked with gray, gave her ,e
quite dramatically, her big black eyes
swapping at times when objections and
Interruptions were made while, she gave
her story, which seemed exceedingly well
memorized. Once while her fathers
counsel made a slip by referring to her
as Now, Miss Hodge" Mazies color
mo affection further than that of an
uncle for his neice existed between Jane
and my father, she replied in :, answer
the alleged engagement, etc, she said in
ION November Il, 19S. went to James
over her peculiar m 9lner. l asked what
was the matter, and! she replied: Why,
Maize, don't you know? Why, your papa
has proposed to me- Then she asked me
to speak out. did not know what to
say. Why Maize she continued. your
papa has been after me for two years.
! told her she ought to know papa was
old and did and said so many foolish and
annoying things. Jane said, L told him
I / did not love him, but that | would be
affectionate. Finally she promised she
would drop the matter and go riding with
him no more.
II told her we could never get along to-
gether and that she could never be the
same to us again. told her some pro
vision would have to be made for us girls
-Hessie and me-about the property, as
for instance, that she should get only a
child's share. Then she said for me to go
home talk it over with Hessie and what
ever we decided she would abide, by.
| Those were her last words, I'll abide by
your decision.
ION December s I saw her again and
we went driving to have a final talk
she complained that j had told Mrs. Boyd
about the engagement; that Mrs. Boyd
had told neighbor and now it was pub
lie talk all over. l thought | had a right
my dear mother. | replied that | told
aunte because | thought she might help
US decide the mattet-possibly in James
favor Hessie and told Jane that papa
another mother. Jane complained, too :
that the decision had been long coming
and said / had never treated her as a
cousin. Finally l told her it was all off +;
she could never come into our home, and
she suggested ] ask father to write his
refusal to marry her over his signature.
No / said; it cannot belt cannot be-
"Auntie Boyd when she heard of it
said it was a shame, disgrace, the idea of
such a woman marrying an old man; that
Jane wouldn't live with him two weeks
and that she had roped him in"
On cross-examination by Attorney Nus
banner Miss Maize Nicholl admitted that
she had taken notes of all the conversa-
tions she had testified to, a fact that ac-
counted for her remarkable memory.
The trial will be resumed tomorrow
morning.
"FLEEING FROM PoMPEII."