Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-09-23
GAVE BUT ONE KISS.
Climax in the Sensational $4,000
Breach Of Promise Suit.

Council Bluffs, Sept. 23.-With all the
sentiment parading through the three
years correspondence and courtship
of W. III. Kennedy and Scythia Fergu-
son, the record as 1t stands submits
one kiss as the actual exchange of ten
der courtesies between the parties. InlS
token was formally requested by Mr..
Kennedy on the occasion of his second
visit to the south. and Miss Ferguson
tesifies that she graciously delivered
the goods.
Both of the principals in the $4,000
breach of promise case were on the
witness stand in federal court yester-
day and the human interest features
were greatly increased by the change
from the reading of love letters, inter
esting though they We're, to the actual
introduction of the parties to the ro-
mantle episode and their recital OF
the incidents of the courtship. The
plaintiffs have not yet rested their case
and the defendant was put on the
stand to corroborate and strengthen
the evidence Of letters as to the exis-
ence of an agreement of marriage. The
fact of this agreement is not denied by
the defendant and the contention Of the
suit rests upon the contract or agree
ment having been dissolved by con-
sent of both parties.
Crisis Comes Today.
In the cross examination of the par
ties to the action yesterday the de-
PENDANTS attorneys introduced practt-
cally all the evidence they will submit
in the case, including portions of about
thirty letters written to Mr. Kennedy
by Miss Ferguson. The first effort OF
the defense will be to secure a decision
on the cancellation of the contract,
and motion will be presented and ar
gued this morning for an instructed
verdict on that ground. If this move
fails the same point will again be pre-
scented to the jury, reinforced with
whatever showing they may have
made in the attempt to establish that
the defendant was warranted In break
ing the engagement because of plain
tiff's disposition and habits, as related
to attentions from other men.
j. c. Mitchell conducted the examin-.
ations-in-c chief yesterday and l.. T.
Genung handled the cross examina-
lions and the humor. pathos and al.
most tragic effects brought into the sit
uation by these attorneys carried the
sympathies of the packed court room
fiuttering from one party in the action
to the other. Mr.. Genung's cross-ex-
animation of the fair plaintiff was one
of the noteworthy incidents OF the
trial, eliminating, as it did, in an adj
n,ission which is regarded as very
material by the defense. Drawing the
u;sInti,f along as to different proposals
of marriage and numerous callers she
had mentioned in the letters to her
aged fiance, Mr.. Genung finally ex-
posed his motive.
Engaged Three Times.
Nov, Miss Ferguson" he demand
ed, with all the force Of his democrat
ic eloquence, tell the jury just how
many times you We're engaged before
becoming engaged to Mr.. Kennedy"
Three tines was the reply. given
after much meditation, apparently de-
voted to a review of the events in her
mind.
"And, now, Miss Ferguson" thun-
dered the attorney, you may state
whether the cancellation of thoee ca
gagements were settled in satisfac-
tory manner"
"They were settled to the satisfac-
ton of the parties concerned, quickly
interposed the witness.