The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-12-16
FOND OF KISSING.
Selma Dalrymple an Adept at
Oscillation.
John Green, Son of VIM. Green,
Tells His Experience.
HAD TO FIX THE DATE.
Gave Time of Engagement as
Nov. s, 1909.
Defense in Breach of Promise
Case Relying on an Alibi.
Foreman of Jury Taken Sick and
Trial Stopped.
HAD TO FIX THE DATE

The defense won a vital point THIS
morning when Judge Dana sustained
the defendants motion compelling the
plaintiff in the Dalrymple-Green breacn
of promise suit to elect as to certain
date of the alleged marriage contract
The motion came as a surprise TO the
plaintiff and her attorneys who asked
for an hour in which to consider the
matter when it became evident that
the court would rule for the petitioner.
AS a result of the courts ruling, Selma
Dalrymple will hinge her hopes for
judgment on the contract she alleges TO
have been made between herself and
William Green the night of November
g. 1909; and the defense will attempt TO
establish an alibi to refute the theory.
Attorney Cav prepared the motion
few minutes before time for the open
ing of court. 1t was discussed in
chambers and it was nearly 10 o'clock
when the formal hearing was made be-
fore the jury
It insist" declared Judge Hazen in
arguing the petition, that the plain
tiffs petition sets out several dates of
an alleged contract of marriage. There
can be but one date to a contract of
this character, and the plaintiff should
elect as to a certain date when she ex-
poets to substantiate this contract, as
the allegations in the petition are in
definite and uncertain as to the date Of
a contract"
Judge Dana said it looked as though
the promise to marry was claimed on
several dates. and that the plaintiff
must elect what date on which 1t eX-
pected to rely in securing a judgment.
Ed McKeever then asked for an hour
to consider the matter. His request
was granted and the attorneys later
announced that they would base their
hopes on the alleged contract of No
Vember 8, 1909. McKeever noted an OBJ
lection and exception to the ruling of
the court.
Treated CourteOusIy at Store.
Margaret Fulton and Emma Smith
both assistant cashiers in the store at
the time Miss Dalrymple was. cashier,
testified that Bert Green was always
courteous to the clerks and apparently
exhibited the same feeling toward the
plaintiff that he did toward other en-
ployees. They said they knew of her
being short $21, but that this shortage
was quite customary and did not ex-
cite unusual attention. The young wo-
men said they did not know of any mis-
treatment of Miss Dalrymple in the
store.
John Green, son of the defendant,
told of having a room in his fathers
home at the time Miss Dalrymple was
there. He described the location of her
room in relation to other rooms and
said he had several times noticed her
door open when he retired at night
Did you ever notice any mistreat-
ment of her in the home, or did she
ever mention or complain to you of any
mistreatment?"
Was Fond of kissing.
mo, she seemed to be treated just the
same as any other member of the fam
lily and appeared happy and contented.'
Tell what happened at the Elks' club
when she left the Green home"
"She came to the club and said she
wanted to bid me goodby. Then she
kissed me and said she liked me and
q L
1 told her of course l was. Then she
said she was going to kiss me again.
She seemed happy and was laughing"
Referring to an evening in the Green
home, the witness said
''One evening she came in and sat on
the arm of my chair and put her arms
around me. She kissed me and want
ed to know if I loved her. 1 said of
course 1 love you
Oscar A. Brannaman. head clerk in
the Green store. said that Miss Dalrym-
pie was treated as well as any other
employee. He said one of her duties
was to answer the telephone. He said
that sometimes the bell would ring five
minutes without the phone being an
swered. He told Bert Green, but said
Bert did not seem to be angered and
he never knew of his Scolding her. On
cross examination witness said he did
not know why plaintiff left store or
whether she was discharged.
c. B. Burge. city clerk, was the
first witness called by the defendant.
Burgess testimony is expected to dis
prove the allegations of Miss Dali
rymple that early in the evening the
plaintiff hugged and kissed her and
that between and 10 o'clock that
night he came to her room, where he
remained for several hours and that
while there a marriage contract was
entered into. The witnes produced
the records of the city council, which
showed that a council meeting was
held at 1880 that night, and that the
defendant. who was mayor of Topeka
at the time, was present at the meet
ing The defense also attempted to
show that the bulk of business trans
acted made it impossible for an ad-
jOurnment earlier than IL or II
o'clock. The records did not note the
hour of adjournment. Burge testified
that it was the regular monthly meet
ing of the council.
For the purpose of showing the
volume of business at this meeting,
give the jury an idea of what trans
pired at the meeting" said Hazen.
There was the regular monthly ap-
preparation ordinance, the report of
the appraisers for the opening of Nor
ris street in North Topeka, a large
number of claims against the city, the
petition of Mrs. James Dwyre to eX-
tend Norris street, an amendment to
the ordinance relating to plumbing,
meeting besides minor business" the
witness testified.
On cross examination, Burge was
not sure whether Green was at the
meeting on time, or whether he re-
mained until Adjournment
Following the evidence of Burge
the defense offered the testimony of q