The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-05-03
NURSE RELATES
STORY IN COURT
Emily EbOrn Testifies as to Her
Relations With Joseph
Nelson.
SAYS DEFENDANT OFTEN
PROMISED TO WE'D HER
Vigorous Fight Being Waged in
$4,000 Breach of Prom
ise Case.

With tears IN her eyes and an occa-
sional sob in her voice. Emily Eborn,
the trained nurse who is suing Joseph
Nelson, president Of the Saltair Beach
Railroad company. and also of the Salt
Lake g. Los Angeles railroad, for So0,'
900 for alleged breach of promise for
refusir to marry her after he Is al,
legged TO have promised that he wouid
and after he also is averred to have ac'
complished her ruin, told pitiful story
on the witness stand in Judge =. w
Morse's division of the Third district
court Tuesday
Miss Eborn was on the witness stand
throughout the day, and counsel for the
defense will continue its cross s-examlna'
tion this morning. Miss Eborn told IN
detail of her alleged relations with
Joseph Nelson and the rigid cross ex'
animation of the counsel for Nelson
had not broken her story down when
the court adjourned Tuesday after
noon.
Twice Miss Eborn submitted to-
operations to save the reputation
of the man she loved, according to her
testimony on the promises that he
would make her his wife. But when
called upon to make good these prom
ises, he finally refused TO do so, IN
forming her that she was not sutll-
GENTLY religious and congenial to en-
able him to marry her, according to
Miss Eborn s testimony. She testified
that he also Informed her that there
still were other reasons which IL would
be cf no use to tell her about.
Completely overcome with grief and
anguish and physical and nervous
wreck as a result Of the operations, so
she alleged, Miss Eborn told how
~ N.,e
she had lived for more than year fol
lowing the death of his wife, whom she
had attended during her last illness.
Statements to Jury.
The case was opened before a jury
Tuesday morning. The early part of
the forenoon was taken up by the
statement of Judge O. w Powers of
the counsel for the plaintiff, and Ashby
Snow for the defense. In making his
stat tement. TO the jury Judge Powers
outlined the allegations made by Miss
Eborn. He declared that Miss Eborn
had grown TO love Nelson and that
good his ALLEGED oftrepeated promises
to marry her he told her that she was
not the woman whom he could make his
wife for various reasons. Judge Pow
ers related how she had finally left the
Nelson home and of subsequent deal
hrs with Nelson.
In stating the case for the defense,
Attorney Snow declared that the rela-
tions which existed between Miss Eborn
and Nelson were no more than those of
man toward a woman with whom he
was on terms OF intimacy. Attorney
Snow declared that the first trouble
arose when Miss Ehorn protested
against the presence in the house of
Nelson S niece. He declared that the
niece left and when she came back
again Miss Eborn left.
Woman Tells Story,
Miss Eborn in detail testified con-
cerning her life in the Nelson home
from the time she went there to attend
Mrs. Nelson in December, 1907, until
she left as n result Of the alleged re-
fusal of Nelson to make good his
promises more than year af-
terward. On direct examination
Miss Eborn testified that she un-
dcrwent the first operation on May 10.
1908, and the second on November 10,
1908. From time to time. she declared.
she spurncd Nelson, bnt he threatened
to take his own life. and for the sake of
his honor and reputation together with
the thought for the children. she tes-
titled that she finally submitted to
his demands.
Frequent objections by counsel for
the defense was a feature of the ex-
animation of Miss Eborn, and from time
to time portions of the testimony with
reference to the operations were strick~
en- from the record, Miss Eborn tes.
titled that Nelson promised her faith
fully that he would make her his wife
If she would consent to the second op.
Grafton. This testimony was stricken
from the record on motion of counsel
for the defense.
Miss Eborn told on direct examina.
tion how Nelson had told her that he
loved her more than any other woman
and she said that he told her that de-
spite the fact that he was running
around with other women, she was the
onlv one he loved. When she was in
trouble the second time Miss Eborn
testified that Nelson told her that she
must undergo the operation-that he
could not "take her through the TEN
Dle i'll that condition. -
Sees President Smith.
When she feared that she was in
trouble second time, Miss Eborn tes.
titled that she went and saw President
Joseph +. Smith. president of the Nor.
mon church and father.in.law of Mel.
SON. Counsel for defense objected be-
fore she could proceed. which objection
was sustained and the reference strick-
en- However later she testified in an
swer to the questioning of Judge Pow.
ers that Nelson had told her that he
told President Smith that she was in
sane and that President Smith said that
she had blackened his character and
that his father-in-law would never be-
lieve him again.
Miss Eborn testified that she loved
Nelson dearly and would have sacrificed
her life for him. The latter part of
this was stricken from the record on mo.
tion OF his counsel. however. Absolute
ly respondent. Miss Eborn testified that
she went to live with n family named
Anderson in Sugar House after she had
left Nelson s home. Nelson, she said,
went there TO see her, having been
called by member of the Anderson
family. At divers other times, she tes.
tilted. she saw Nelson going to his of
fec. She had reason 20 believe. she
said. that she was again in a critical
condition. and went TO his Office to con.
suit with him on this oncefiou