The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-02-08
GREEN WINS CASE
EX-MayOr Gets Reversal in
Supreme Court.
In Dalrymple Case Against
Him in Lower Court.
ERROR IN INSTRUCTIONS
So Higher Court Ruled in Re.
versing Case.
Hawley Heirs Don't Have to
Pay Inheritance Tax.

In an opinion in which three of the
members dissented, the supreme court
today reversed the decision of the
Shawnee county district court which
granted Selma Dalrymple $3.50 dam
ages for breach of promise in an ac-
ton against William H. Green, former
mayor of Topeka.
More than three years ago Selma
Dalrymple, niece of Green's deceased
wife, came to Topeka to make her
home with the Green family. She
worked at the Green grocerys was
paid weekly salary and lived at the
Green home. Her bedroom adjoined
that of the former Topeka mayor.
On the witness stand in the trial of
the case in November, 1910, the wom-
Topeka She said she had resigned
her school at the urgent request of
her uncle and came here expecting to
become Green's second wife. In her
testimony she declared that Green en-
tered her room on several occasions
after other members of the household
had retired and that while in her
room Green made love to her and
promised to marry her at an early
date. She stayed in Topeka for sew
eral months then, she testified, she
became satisfied that Green did not
intend to keep his contract of mar
riage and she returned to Michigan,
later going to Chicago where she lived
for time with a cousin.
In the spring of 1910, she brought
suit against the former mayor in
which she asked $4,000 for breach of
contract to marry her. Certain in
structions were asked by attorneys for
the defense at the conclusion of the
case, but they were not granted. The
jury gave Miss Dalrymple judgment
for $4,000 damages and a new trial
asked by the defense, was oVerruled.
On the rulings of the court, attorneys
for Green appealed, alleging error in
the admission of certain evidence in
the trial of the case and in the in
structions, claimed to be prejudicial to
the interests of the defendant. On
this appeal, four of the members con-
CURED in an opinion reversing the
case and sending it back for retrial.
In this opinion Justices Mason, Burch
and Benson disSented.
Nearly a year ago it was claimed
that Miss Dalrymple had married a
young Michigan farmer. This report
was denied by Edwin McKeever, at
torney for the plaintiff. Miss Dali
rymple is 3S years old, while Green
is 64 years old.
The supreme court sets aside the
verdict of the jury and has held that
certain instructions requested on be-
and refused by the trial court should
have been given and also held that
certain instructions given by the trial
court were improper and should not
court shows that it has serious doubt
as to the truthfulness of the entire
Gle m made by Miss Dalrymple.
The court holds that the story is
one that is hard to believe as within
three months from the trial Miss Dali
rymp1e married and Notwithstanding
this the jury allowed her $500.
Judge Hazen, who was interested in
the case, said today: 1.-The verdict in
the case is the most outrageous YER
dict that has ever been returned in
Shawnee county. 1t is the general be-
lief that the case will never be tried
again. This reversal is complete
of William Green, who is
one of the substantial business men of
our city and one of our most respected