The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-01-28
Miss Mckee Awarded $4,000
Against Professor Grain.
Court Holds That Only Actual
Agreement Stops Relations.
DEFENDANT ON STAND.
At Friday Hearing He Goes Ov-
er Romance Carefully.
Under Cross Examination He
Apparently Was Nervous.

Ottawa, Kan, Jan. 2S.-MiSS Ethel
Mckee, a stenographer of Kansas
City, Mo-, who sued Prof. Grant HI.
Grain of Ottawa for $4,000 for al
legged breach of promise to marry, was
given verdict of $4,000 today.
The jury returned the verdict at Has
o'clock this morning, Immediately af-
ter which w. S. jerks. attorney for
Professor. Grain, said he would file a
motion for d new trial. He declared
that the motion would be filed some
time this afternoon.
| When an attempt was made to inter-
| view Grain, following the verdict, his
attorney said that Grain refused to talk
for publication. Grain and his attor-
ney have been in conference almost all
| day.
Miss Mckee returned to Kansas City
prior to the finding of the jury.
Instructions of Court.
ottawa, Kan, Jan. 28.-In his in
structions to the jury in the Grain
breach of promise suit, Judge Smart
said there need be no particular form
of words used in the making or break
ing of a contract; if there was a mar
riage contract in 1908, and that it had
been proved that it had been violated
by the defendant, Grain. then, he said,
1.-THE defendant should have full recov-
cry for her damage.
The case went to the jury this morn
ing.
Judge Smart added that no trouble,
no lovers quarrel, or any dispute be-
tween the two contracting parties
would be sufficient to break the con-
tract. Only the actual agreement be-
tween the two would accomplish that.
| In case a verdict is found for Miss
Ethel Mckee, who brought the suit
the jury was instructed to use their
best judgment in assessing damages.
Like a boy reciting his lesson at
school, slowly and in words broken
into syIlables, Prof. Grant H. Grain
Friday testified in his own behalf in
the suit of Miss Mckee for SIS, 900 for
breach of promise.
| Carefully and painStakingly he went
over the story of the romance, corrob-
Grating Miss McKeess testimony in all
most all points as far as he got.
| In the same monotonous tone he
went into the gift of the engagem ent
ring, which cost him $3.50. he testi-
fed, and then without variation in his
manner went into narration OF the
various lovers quarrelS.
A Point of Etiquette.
A point of etiquette as the cause Of
one of these caused the court room to
ring with laughter. Professor Grain
declared that because he preceded
Miss Mckee in entering an ice cream
parlor she grew furious and that it
Another time. he said, he had been
detained for half an hour when he
went to take her buggy riding and she
grew jealous, thinking he was visiting
another girl. Again he spent long
time in making peace.
1t was when he told of the quarrels
that the line of his defense in the
promise suit began to appear. Appar-
entity he tried to show that the en-
gagement was broken through no fault
of his.
The first quarrel was in Ottawa in
1903 he said, when Miss Mckee OBJ
! jected because he preceded her into a
confectionery store. The next was a
waiting on steps of his house after he
had hunted for her to take her riding.
The third was on account of her cor
respondence with two boy friends
Quarrel in Kansas City.
Another quarrel was April 19. when
visit with her. She objected to eating
in a restaurant at Eighth and Main
streets, where he was to take street
car. She told him then to take back
the two diamond rings he had
given her. He declined and in
mained estranged until August of
that year when he met her in Kansas
City with what he testified was the
same old greeting"
| In0 next QudTTel was Oh IQ6 9dSOO,
on the night of August IL, when she
informed him that she had picked out
their furniture which would cost a
thousand dollars.
sT said that was too much, and she
said was stingy," asserted the profess
sor "And she said that she never
would marry me-
One quarrel happened in Independ-
ence, Mo-, where they walked from
| the car to, a church and sat on the
steps for an hour quarreling. After
that the date was not fixed, he said.
/ Under cross examination Grain was
apparently nervous and at many times
was forced to make admissions which
he didn't wish. Fred Grain, of the
Kansas City Business college, took the
stand for the defense. He testified
as to conversations he had with Miss
Mckee and his brother. Miss Nc
Kee was recalled to the stand in re-
buttal. She broke down when ques-
toned as to a conversation she had
had with Fred Grain In regard to the
suit the day after it was brought. ST
felt very bad she sobbed. because I
learned for the first time that he was
married" Miss McKee's tragic testi-
mony ended her suit The jury was
visibly affected while many in the
court room wept.