Evening star. [volume] (Washington, D.C.) 1854-1972, 1915-04-20
MRS. M'NABB GETS
AWARD OF $4,000
Verdict Against John S. Kinney
for Breach of Marriage
Contract.
JURY REACHES DECISION
AFTER HOURS OF DEBATE
Millionaire Mine Owner, the De-
fendant, Expected to File Mo-
ton for New Trial.

John S. Kinney, seventy-Seven years
old. reputed millionaire Michigan mine
owner. must pay $4,000 damages to
Mrs. Ida May McNabb. forty years old.
a widow of Exanaba, Mich, for refuS-
ing to carry out a contract to marry
her. 4 verdict for that amount was re-
turned today by the jury to Justice
Stafford, presiding in Circuit Division
, of the District Supreme Court.
The case was submitted to the jury
about 2:45 o'clock yesterday afternoon.
and the jurymen wrestled with it until
nearly 9 o'clock i'll the morning. At
this hour no agreement had been
reached. and the jurors retired for the
night. They were awake at o'clock
this morning and continued their de-
liberations until court convened.
Justice Stafford sent for the jury
shortly after 10 O'Clock and Clerk
OConnell inquired if an agreement
had been reached. The foreman an
nounced that the jurors were unable
them to wipe the slate clean and
take up anew the evidence, laying
aside any former expression of opin-
ion.' He told them of the Importance
of the case and the expense to the
parties and to the public to try it
and announced his conviction that no
more competent jury could ever be
found to pass on the evidence.
Jury Again Retires.
The jurors acquiesced in the courts s
suggestion for a fresh start, and retired
to the jury room. In about twenty min
utes the jurors returned and announced
an agreement had been reached that Mrs.
McNabb is entitled to $4,000 damages.
Neither the plaintiff nor the defendant
was i'll court when the verdict was
rendered. Mr.. Kinney had been present
when the disagreement was announced,
w. Baker. expecting longer conference
by the jury. Attorneys Charles Poe and
Henry F. Cochems, for the widow. were
in court. as was also Attorney D. w.
Baker for the defendant.
Under the rules of court four days
are allowed in which to file a motion
for new trial. 1t is expected Attor-
neys Harriet Freebey and D. w. Baker
will ask new trial, and in event the
verdict is allowed to stand will note
an appeal to the Court of Appeals.
Date Of Marriage Contract.
The contract, the breach of which re-
suited in the verdict Or thirty thou
sand-dollar damages, was executed at
ASsSdHduo, HllCH., III June, 1917, ABOUT
five weeks after Mrs. McNabb, who
was soliciting lnds for Good Will
farm, charitable venture in Michigan,
had been introduced to the wealthy
mine owner. Mrs McNabb claimed
that Mr.. Kinney proposed the same
night Of the introduction. and that he
was eager to marry her until dissuaded
by members of his family
The defendant claimed that Mrs. Nc
Nabb suggested marriage as grand
scheme" and that she pursued him
with her attentions and was in a hurry
to marry. He claimed to have heard
rumors against her which caused him
to change his mind and break with
her.
Under the terms of the eontrac; the
defendant promised to build home
for Mrs. McNabb, to educate her three
children until they married anG to Ia
sure her life for $4,000 for the benent
OF the children. The contract also pro-
vided for one sixth interest in the
estate of Mr.. Kinney at his death for
his widow in lieu Of dover.