Evening star. [volume] (Washington, D.C.) 1854-1972, 1915-04-16
KINNEY TEST|F|ES
|N0WN BEHALF.
Gives Reasons for Refusing to
Marry Mrs. McNabb, Who Is
Suing for $5OO,O00.
SIGNING OF A CONTRACT
ADMITTED BY DEFENDANT
Testifes Investigation of Rumors
About Plaintiff Caused Him to
Break With Her.

J John S. Kinney. seventy-seven years
old, reputed millionaire Michigan NINE
owner, testified today in his own be
| half before Justice Stafford and a jury
| in Circuit Division of the District
Supreme Court, in defense of his ac-
! tion in refusing to marry Mrs. Ida NJ
McNabb, a forty-year-old widow. Mrs.
McNabb is suing to recover 100000
damages for breach of contract to
| marry, which the defendant admitted
he signed.
The witness denied he ever proposed
| marriage to the plaintiff and insisted
that the suggestion came from her. He
declared she remarked, ut would be a
grand scheme for us to marry" Mr..
Kinney said he told her "it might be
and then again it might not me-.
Before the alleged proposal or sug-
sestion. he said, Mrs. McNabb limited
strongly about getting married, saying
she was making only SIS per week and
found it difficult to support her chill
dren on that amount.
Former United States Attorney Baker
conducted the direct examination of
the witness.
Treated Him Nicely, He Testifes.
Mr.. Kinney denied that marriage was
discussed at his first meeting as testi-
fed by Mrs. McNabb. He also denied
her statement that he asked permis-
sion to call the next day, saying that he
went to visit her In response to note
sent to him from Mrs. Prosser's home
Mrs. McNabb treated him nicely, the
witness said.
Mrs. McNabb was in great hurry to
be married, witness asserted. and lie
said he compla lined to her of the rush,
remarK:ng that they had only been ac-
quainted about four or five weeks To
this, he said she answered I'VE are
just as well acquainted as we ever
would be-
The arrival of the lawyer with the
contract was surprise to him. the
witness said, as Mrs. McNabb had not
advised him about it. Mr. Kinney said
he had promised to marry the plaintiff.
to build home for her, to educate her
three children and to insure his life
for their benefit. He denied that he
ever made any agreement to allow her
a share in his estate in lieu of dover,
telling her, he averred. that 1t would
not be fair to his children. who had
aided in the accumulation of the
The witness said the contract was
read to him before he attached his
signature. but asserted with vehe-
about a share> or dover He did not
learn this was in the contract, he
swore, until he had exhibited the agree
ment to Miss Freebey, after reaching
the decision to break with Mrs. Nc
Nabb.''
Was Advised by Minister.
Asked how he came to reach this
decision, the witness said he first dis
cussed his approaching marriage with
a Rev. Mr.. Scott, then pastor Of the
Baptist Church in Iron River. When he
confided the name Of his bride-to-be to
the minister, Mr.. Kinney said, the lat
ter inquired how well the witness was
Acquainted with the reputation and
character of Mrs. McNabb. Mr. Kinney
said he thought her an estimable
Christian lady.
This confidant then told him, witness
said, that he did not want witness to
marry Mrs McNabb, for ''she is run
ming around with q married man.. He
said he could not believe this aspersion
on the character Of the plaintiff, so
made further investigations.
He said the result of his inquiry vas
that he discovered the plaintiff was
publicly known. especially among trav-
that he could swear to-. he said. but
the rumors determined him to cancel
his contract The witness said Mrs.
McNabb had told him the contract was
she would return it on his request at
any time prior to marriage. He theE
wrote the letter saying he did not wish
to marry.
Mr.. Kinney said he was veXed
I when he wrote the letter and now de-
sires to modify the phraseology. He
did not mean, as written in the letter,
he stated, that he never wished to
marry her" because he had SO intend
ed until he heard the alleged deroga-
tory statements.
The courtroom was crowded today,
and Justice Stafford had to instruct
the bailiffs to refuse other applicants
for admission. The session Of court
this afternoon will be protracted to al
low Attorney Poe, for Mrs. McNabb, to
complete his cross-examination Of the
defendant.