The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1908-06-11
DEFENSE ASsAILs
CREO|b|L|TY OF
FLORENCE FOSS
WITNESS TESTIFIED PLAINTIFF
PASSED As MRS. HOLMES
YEARS BEFORE MARRIAGE &C.
coRDlNG TO HER CLAIM.

The defense In the sensational
breach OF promise case OF Florence
Foss against David A Brown. the
coal dealer sprang a surprise Thurs
day morning when. as the first wit
ness. they introduced William Pail
ing, a Waterman for the d. U. R..
and who lives at No. 81 Columbia-st.
west.
Falling testified that in 1882 and
the year following he lived In Wood
Vile. Mich. where he was freight
agent for the Chicago a. West Michi-
gan railroad. and while there knew
Florence Foss, the plaintiff
Did you know her well?" he was
asked.
Yes. She came to the station sew
eral times day. She worked just
across the street.
Where did she work."
In the Michigan Lumber Co.'S store
OF which her first husband. Holmes.
was manager"
when did she first live with
Holmes as his wife?"
In 1888"
Wasn't she little girl in short
dresses in 1892"
mo. she was fully developed wo-
man"
This testimony was OF especial i'm
portance for the defense, as the plain
tiff had testified Monday that she was
married to Holmes in 1887, while the
bill of complaint in her divorce case
said the marriage was in 1889. Miss
Foss testified that while living In
Woodville she was girl In short
dresses. That the plaintiffs attor-
neys were surprised was shown by
the vigorous manner in which they
objected to Palling's testimony and
endeavored to have his answers ex-
cluded.
Miss Foss was on the stand for
few minutes Thursday to give further
Testimony. She was asked IL she
knew Falling and denied ever having
seen the man. Failing has lived In
Detroit for Is years.
The first witness Thursday morning
was Miss Susan l.. Merritt. aged II
years, who for over 40 years has lived
in the house at No. 366 Fifth-st. The
plaintiff roomed there in 1900. and
Miss Merritt testified that she fire.
quently saw the defendant there.
Twice. she said. she had been intro
duced to him.
The old lady answered questions
promptly, and several times offered
lengthy explanations. When she no
ticed that her talk was causing amuse-
ment, she excused herself with the
statement that she had never been In
court before, land l will not likely
be here again because I'm II years
old"
Three witnesses for the plaintiff
were sworn who testified that Brown
was a frequent visitor at the home
OF Miss Foss, and while they were all
sure they saw him often. they were
unable to fix the time. Some said IT
was in 1900 and others had 1t as late
as 1904 or 1905. Miss Merritt said he
drove a horse and buggy. while the
others said he came In an auto. Will
liam Tews. young man, Mrs. Nc
Kee and Mrs. Della Flint were among
those who were sure they had seen
Brown there many times.
Miss Foss then took the stand and
was asked II she identified Failing.
She took a good look at him and then
said she had never seen him before.
Were you not known as Holmes
wife I'm 1SS3-84 she was asked.
IL didn't live with him until l was
married to him." she answered.
How many times were you married
to him?"
"Only once that l remember"
what was the first year you lived
with him?"
IT can't remember"
"Were you his wife In 1888? An
swer yes or no."
81 won't answer either way"