The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1911-03-02
INJURED FEELINGS
MOVES THE JURY
TO AWARD $4,000
Plaintiff, Miss Mueller,
Wins Breach of
Promise Suit.
TRIAL DRAWS BIG
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sentedby Scores. Women
Take Their Lunch.

sentedby Scores. Women
Take Their Lunch.
Plankinton, S. D.-When the jury
brought in the verdict Saturday af-
lternoon in the breach of promise case
Of Mary Mueller VS.. William Kirsch
and reported that they had found for
the defendant and awarded her dam
ages to the amount of 5000. a sigh
of relief went up from the vast crowd
in the court room, for the excitement
had been intense from the start to
the finish of the sensational case. The
jury was out only a little over two
hours and the first ballot practical
Iy settled the fact that the young
woman was entitled to damages. Miss
Mueller sued for $4,000.
There was some interesting testi-
mony given in the case, and one OF
the peculiar features was that Mat
Kirsch, q brother of the defendant,
was a witness against him. This was
due in all probability to the fact that
Mat had married sister Of the plain
tiff. He stated that his brother WILL
lam had told him that he had given
Mary ring to seal the engagement.
John Mueller. the father Of the
plaintiff. gave some detailed informa-
ton as to the hearth of his daughter.
which was brought about through the
neglect and final desertion by Kirsch
Her health was broken down as re-
suit of the breaking of the ties, and
that she was considerably worried at
the time. Otto and John Mueller,
brothers, were also on the stand. OF
to stated that Kirsch in conversation
concerning his sister, declared that
he would have Mary or no one, and
that If he failed to marry her he
would go out to Oregon and locate:
John testified to the fact that he ov-
erheard an argument between kirsch
and Miss Mueller concerning the post
ponement of their marriage and
that they finally agreed to the post
ponent. When Miss Mueller took
the witness stand all eyes and necks
were strained to the utmost to catch
a glimpse of her and to hear her
story. She was dressed in all black
with heavy veil covering her fea-
lures. AS she related the incidents
leading up to the engagement of her
self to Kirsch and of. the breaking
of the ties, she often placed her hand
kerchief to her eyes to wipe away the
tears, but she was able to control her
emotions to the breaking point. Miss
Mueller told Of the engagement that
was made between them on Jan. IL.
1910, and that they had been going
together for five years before that
time. Kirsch was married Nov. z2
to Margaret Hoffman. She declared
that she had never broke off the en-
gagement, and that she did no. know
of Kirsch's impending marriage until
three weeks before it happened. She
stated the estrangement between
them took place last July, at which
time Kirsch ceased coming to her
home. She stated that no reason was
given for his quitting. and that they
had never had any. trouble. At this
point the plaintiff rested.
The first witnesses put on for the
defense were John Thiltjen, Chas
Brown and August Veins. These
young men testified that Miss Muel-
Ter has ben going to parties and dane
es since last fall and during the win.
ter. They claimed Miss Mueller was
in good health; and so Tar as they
could see there was little, If any
change in her condition.
William Kirsch went on the stand
and gave his evidence. He state that
in October he had a conversation with
Miss Mueller. during which their en-
sagement came up. and as result
OF that talk he thoroughly under.
stood that their engagement had
been called Of. Asked as to the at
titude of Miss Mueller toward him.
Kirsch stated that she was cold and
indinerent. and this expression waa
emphasized throughout the trial. The
attorneys for Miss Mueller asked him
to explain what he meant by being
"cold and Indifferent" and he re-
piled that he did not know. They al
so asked him II his attorneys had not
coached him to give expression ia
those words. Kirsch looked steadily
at his attorneys for the moment and
then answered that they had not. He
was questioned further as to his a.
financial condition. Kirsch said that
i he was working for his father at the
present time and had been in the