The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-01-01
ROUSS ESTATE SUED.
Mss Edna Mcclellan Seeks to
Recover on Contract.

New York, Jan. 1.-The estate Of the
late Charles Broadway Rouss, the hind
millionaire has been sued by Miss Edna
Miller Mcclellan, a singer The suit
is based on a contract. by which it is
alleged that Rouss agreed to pay. the
plaintiff s35 a week during her life
time
Although Miss Mcclellan and har fam
lily preserve absolute silence regarding
the cause of the suit. her counsel, Ron
jamin Steinhardt. of the firm of Howe
& Hummel, today declared that Miss
Mcclellan had been deceived and taken
advantage of by the blind millionaire
Nothing appears in the papers to show
on what the contract is based, and, ac-
cording to the lawyer, it is only neces-
sary in the suit to prove that such
contract existed.
Miss Mcclellan was a member of the
New York executive committee of the
''XVoman's National and Protective
league" which started the Admiral
Schley gift fund scheme. and through
an endless chain which she started here
and by personal soliciting she is said to
have raised over $1,000. It was while
engaged in this work that she first met
Mr. Rouss He contributed s. to the
fund. It was after consultation with
her counsel that she brought the action
against the Rouss estate, which is based
upon the assertion that Mr.. Rouss IN
1906 agreed 10 pay her $50 weekly 1t is
alleged that he made many presents to
her during MS IIeIlI1le unQCL the dEIES~
ment in all about 81. $50. until October,
1901 and the purpose of her present SUIT
is to compel the executor of the estate,
William w Rouss. to fulfill the terms
of the contract which reads as follows.
New York June 16, 1907. Charles
Broadway Rouss, do hereby agree with
Edna Miller Mcclellan that if she will
agree not to bring any suit against me
for any claim she has against me l
agree to pay her s3h each week during
Witness. CAROLINE M. MsLELLAN.
(Signed) c. B. ROCSS =
Mr.. Steinhardt said today:
Mr. kouss paid this ruones. not reg
ularly, but by check. for $500 and s10e.
Two weeks ago we brought suit against
Mr.. Rouss executor for 81 700 for ac~
crued payments since his death We
have now brought second suit in tbs
municipal court before Justice Murray
for two weeks income amounting 10
$40. If we get a favora bic decision from
Justice Murray it viii be the same as
though we won the $1,000 action. The
precedent will stand
Besides tie original contract signed
by Mr. Rouss and witnessed by Caroline
NJ Mcclellan, the girls mother Howe &
Hummel have letters from the meF-
chant addressed to Miss Mcclellan in
Paris which Mr.. Steinhardt says prove
Mr. Rouss' acknowledgment of his obli-
CATION, and a bank book of the Union
Dime Savings bank in which deposits
made by the girl in trust for her moth
er, show weekly the entries of $50 each
up to the time of her departure for
Paris in July, 1900 three weeks after
the signing of the contract.
Miss Mcclellan remained abroad until
after Mr.. Rouss' death last spring, and
during her stay carried on cores
pondence with him. In one of the let
1 tiers written in August, 1900, Mr.. Rouss
complains of her long stay abroad. La
ter he tells his dear girl'' that he can't
send her money in Paris.
I can give you money when you
come back" he said, but if Mr.. Lum-
ley (Rouss' agent in Paris) VIII lend
you 500, all right He can take this
as his authority for doing so. Perhaps
you have some other source from which
you can obtain $780,"
Toward the end of the correspondence
Blanche De Vollmer. Mr.. Rouss' private
secretary. wrote the letters. She in
structed Miss Mcclellan always to in
/ clude her address in her communica-
tons because her letters were destroyed
as soon as received.