Evening star. [volume] (Washington, D.C.) 1854-1972, 1915-04-19
MAY DECIDE TODAY
MRS. M'NAbb'SSU
Justice Stafford Is Expected
to Submit Case to Jury
This Afternoon.
COUNSEL FOR BOTH SIDES
COMPLETE ARGUMENTS
Sentiment Plays No Part and
Plaintiff Is Not Asking for Heart
Balm" Says Her Attorney.

Mrs. Ida May McNabb probably will
know late this afternoon the result OIL
her suit to recover 100000 damages
for alleged breach of contract to MARI
from John S. Kinney Justice s'aholu
is expected to submit the case 10 'he
tury in Circuit Division . this after
noon.
After the prayers for instructions
made by counsel for the defendant mao
been submitted to the jury TINS morn
Ing, Attorney Charles Poe made the
opening address to the jury on behaif
of Mrs. McNabb. He was followed Ny
Miss Harriet Freebey and former
United States Attorney Baker for the
defense The arguments were COM
pleted by Attorney Henry F. cocheihs
Of Milwaukee, Wis, for the WldoW.
Attornel Poe told the jury that sen,
timent played no part in the case an,
that the plaintiff was not ASKING ~,
neart balm for wounded affections ~
wanted only such damage as lhtE
should find her entitled to because OF
he refusal of Mr.. Kinney to marry het
after entering into sacred CONT ;ai
for that purpose. The lawyer ~
.uled the testimony of the defendant thf.t
Mrs. McNabb pursued him with her at
.ections.
Saws Mrs. McNabb Is Not Designing.
The mere reading of the letters In the
.ase, said the lawyer. disproved that
claim, and showed that Mrs. McNabo was
aot a designing woman who was pur-
suing this old man like the proverplai
Villain" These epistles showed that she
lad invited him to her home to meet ner
children and learn what he could OF her
life. The visit was made. said me law A..
ser, and the mother of Mrs McNabo was
asked for the hand of her daughter
Subsequent correspondence shoWeu
that the defendant was pleased Win
the children and impressed with her
surroundings These letters also
showed. he claimed. that the munster
referred to the testimony of Mr.. n IN
ney as unwilling to marry him mad
only expressed his disapproval OF the
remarriage of a divorced woman. MIS-.
McNabb's husband being then alive
Referring to the letters containing
The remarks that II think, will land the
old dear" Attorney Poe said it was a
free and easy style frequently adopted
between employer and employe ana
was written to the housekeeper OF the
This they seek to distort." said the
lawyer. "into claim that she was
pursuing the defendant, who ADMITTED
On the stand that he did wish and m
tend to marry her.
Plaintiff Doesn't Ask Instructions.
No specific instructions to the jury
we're asked by counsel for the plaintiff.
The defense offered nine prayers, but
later withdrew two of them. Justice
stafford rejected two more and grant
ID nve OF the Instructions. He will tell
the Jury they are to award no exem-
piafy damages and that the actual
aamase IL to be limited by the terms OF
the marriage agreements and it is only
for this purpose that the contract Is to
be considered by the jury.
There is no evidence, the court Will
advise the jury, which would warrant
damages for injured affections, as the
plaintiff admitted she was not marry,
(ng for love. The jury will also be told
that II 1t believes from the evidence
that Mrs. McNabb professed love for
the defendant and by fraud or artifice
attempted to consummate marriage
solely for the purpose of profit and the
defendant was thereby fraudulently
Imposed on she Is deprived of the right
to recover.