Evening star., 1915-02-12
Court Dismisses Jury in KIeist-
Breitung Case, Fearing In
fIuence by Tales.
PLAINTIFF DECLARES
HE WAS ASSAILED TWICE
Young Husband, Alleging Wife's AZ
fections Alienated, Says Wealthy
Bride Wooed and Won Him.


trying suit for S25O00O damages,
brought against L. n. Breitung, mil
lionaire owner of the steamship Dacia.
by Max kleist, who married Miss
Juliet Bretiung, the defendants daugh-
ter, was discharged today in the fed
eral court because of the publication
of stories to the effect that Kleist had
been twice assaulted since his wife had
| ceased to live with him. The court
held that publication of these stories
would doubtless tend to influence the
jury in Kleist's behalf Kleist based
his action on alleged alienation of his
wife's affections from him by her
parents.
| Before discharEing the jury Judge
Hand called to the witness stand news
paper reporters who testified that
klejst had made yesterday morning,
before the opening of the court, the
| statements attributed to him in the
newspaper concerning the alleged as
| saults. In discharging the jury tie
court directed that the expense of
new trial, if ordered, be born by
Kleist.
| Niaist was quoted as saying yester-
day that one of the assaults was COM
mitted in New York city by gangsters
and the other in a New Mexican mine
owned by the defendant.
| Cla1mS he was WOoed.
| The young husband, who, at the
time he met Miss Breitung, was
gardener on the estate adjoining
the Breitung estate in Marquette,
Mich. underwent a severe cross-exam-
| inatfon at the hands of De Lancey Nj
| coll, the Breitung attorney. after he
| had testified that it was Miss Brett
ung who took the initiative in the
love-making; that she held his hand
| before he eyer attempted to hold hers,
rendering him "speechless" that she
| had been the first to ask for kiss,
which he gave her on the cheek, and
that she had proposed marriage.
Calls Letter Blackmail.
| Mr.. Nicoll made an effort to prove
that Kleist's motives were mercenary
and introduced what he termed a
"blackmail letter" written by Kleist
after he secretly had married the finan-
cier's daughter.
In the letters from the financier's
daughter Kleist was usually called
Dearest, or Dearest Max" or "My
| Dearest Boy" Some begged him to
come to New York. One told of having
Iound ,oi trysting place at which they
had decided to marry him.
ihe ex-gardener's recital of his ro-
nance provoked considerable mirth
among the audience. Even Judge
! Learned Hand enjoyed a little laueb
| before rapping for order on several oc-
casions.
Kleist Describes Courtship.
/ Mr.. Nicoll spent nearly all of the
session cross-examining Kleist. draw
ing out that the plaintiff was farm
ers son, and worked on a farm and as
teamster before becoming a garden.
er in Marquette.
did Miss Breituns teach you to love
herr" the lawyer asked
| Yes, can safely say she did" re-
piled kleist, after a fruitless effort to
| have the question put in another form
Did she hold your hands before you
| held hers?
! Yes, she did"
Did she ask you to marry her"
She did,
And you were astonished"
| Il was mute"
When asked how long he was mute
kleist said. Quite a while"
WAS it your fatal beauty that at
tracted herr" Mr.. Nicoll asked
The young plaintiff blushed and ac-
knowledged that he didn't know, while
| his wife and her mother smiled
| Some of Letters.
In two of her letters the writer sent
Kleist thousand kisses and said she
was dying to help him. The letter on
which Kleist based his statement that
Miss Breitung was the one who pro-
| posed was dated October 80, 1913
| when you come to New York. if
you think it all right, 1 will marry
you." 1t read. but I only had the idea
and could not help telling you about
1t. Please do not think me too crazy.
only for my part would be very will
ing to get married and then wait
| cause somehow I would feel better
about everything, although 1 know it
| would be much harder not to he to-
gether afterward. Although 1 know it
is rather crazy idea, that is the way
1 feel about it,"
| The letter closed with: 'I love Won
enough to give up everything for YOU
! only want to be very sensible. With
much love, Juliet"
Parts of other letters from Mrs.
| Kleist read:
MY love is getting so strong 1 can't
be sensible, and unless you help me to
be sensible I'm afraid I'll come to
| you"
TT may be foolish to ask you to come
| to New York. but l am going to STAY
several months and 1 must have you
near me-"
I'VE can be married in secret, and
after married T think Il