Omaha daily bee., 1905-09-23
HAS BEEN ENGAGED BEFORE
Fair Plaintiff in Breach Of Promise Suit
Cross Examined
DEFENDANT ALSO HAS TURN ON STAND
Both of Them Considerably Embar-
rassed by the Questions Put to
Them-Picture shows Great
Change in Defendant.
DEFENDANT ALSO HAS TURN ON sTANt

Miss Seythia Ferguson, the fair plaintiff
from kentucky in the $4,000 breach Of
promise suit against w. II. Kennedy, the
aged farmer of Montgomery county, had
rather an uncomfortable day of 1t in fed
eral court yesterday and while under cross
examination was asked number Of pointed
questions which evidently somewhat em-
barrassed her On the whole the defense
seemingly scored heavily yesterday.
Miss Ferguson took the stand on her own
behalf yesterday afternoon and II was dur
ing her cross-examination that the de-
fense got its innings one Of the first
questions put to the plaintiff by counsel
for the defense was
How many times have you been engaged
before?"
Three times" answered Miss Ferguson,
after a slight hesitation.
well, with this one it makes four alto
gether2" suggested counsel.
Yes four times" the reply given
! rather reluctantly.
| How many suits for breach of promise
/ have you prosecuted?" was the next ques-
| ton asked by the defendants counsel.
only this one" was the reply.
"The others were settled. them" queried
counsel
IN some FORM" replied the fair plaintiff.
| while the color mounted to her cheeks
Then you know what IT meant when you
said in you letter to Mr.. Kennedy that If
he wanted to be extricated' he knew what
was best to do?" was the next question
asked by counsel
'I certainly knew what was doing" was
the reply. which was given as il the fair
plaintiff meant 1t.
Picture shows Difference.
NFfz
Ferguson counsel for the defense intro.
duced a number of letters written by the
plaintiff to Kennedy and the salient points
of these were read to the jury with consid
erable emphasis by Attorney Genung
Miss Ferguson on direct examination
gave her age as 80 and offered in evidence
a photograph Of Kennedy taken at tn,
time he visited her in Kentucky, which
showed that the defendant at that time
presented a very different appearance q
what he does in court The picture showed
him clean shaved, dressed in nobby sui
of clothes and a big diamond ring on hi
finger. This is a striking contrast to hi
present appearance, as he looks the typica
farmer, with his blue hickory shirt, ant
. white whiskers fringing his face. Mis-
Ferguson stated that Kennedy's advertise
ment in the matrimonial journal gave hi
| age as SO, WneItds al loSN hC "ehS NJ NAAeA
time 63 years of age.
| Prior to Miss Ferguson giving her testi
mony the defendant was placed on tn
stand by counsel for the plaintiff. H
appeared greatly embarrassed and exceed
ingly nervous and when asked the caus
! Of his extreme nervousness Kennedy re
! | plied. much to the amusement OF ever
one in the court room: Judge Mitchell
( Zone of the attorneys for the planting toI
: me last night that when he got me o
! the witness stand he would give me I'LL
Kennedy's testimony was to the efrect tina
! Miss Ferguson had released him from tn
= engagement
tI The plaintiff was still on the witnes
/: stand when court adjourned for the da!
: II is understood that the defense will NOV
for a verdict at the close of the plaintih
| evidence.
The court room was crowded all day an
Court Bailiff McFadden counted over eight
women in the room at one time. The crow
was augmented during the afternoon Sci
II sion by a number OF high school girls, WI
: apparently listened with breathless inte
u est to the reading of the plaintiffs letter
1t During the day a number OK women visite
the district court room, but on being II
u formed by Bailiff Matlock that the breac
OF promise suit was on trial in the feder
u building hurriedly departed for the latt'
place