The evening herald. [volume] (Albuquerque, New Mexico) 1914-1922, 1916-02-21
kASEME|ER SUIT
To COME Up FOR
TRIAL TOMORROW
Action for Breach of Promise
Directed Against Son Of
Well Known Local Man on
Docket for Tuesday.


-
What promises to DE one OF the
most sensational heart balm suits
ever prosecuted In this city is schcd-
ul"d 10 come NJ tomorrow i1 federal
court. probably In the afternoon. in
the case OF Miss Magy Elizabeth Kas-
.micr against william w. Mcclellan.
Jr.. m which the plaintin arSs dam
ages to the extent Of $4,000 and
costs. Mcclellan b. a son of Justice
William ". Mcclellan OF precinct
No. L..
In her complaint which was nled
w Attorney John T. Simns. Miss
kusemicr..a resident of the state of
ohio, say she became acquainted
with Mcclellan in New Mexico In the
year OF 1906. she alleges that during
the month Of August 1910. they he
came engaged and entered into u con
tract to be married IN ohio on the
tvcifth Ia, OF December. tglt and
that she received an engagement ring
! from him ~ a solemn token az their
agreement. that AT the request ~ the
defendant she agreed to 4 postpone
meut of their marriage ON account at
-" serious Illness OF some member Of
/ his family and hat during the post
ponement Mcclellan broke and yio-
lated his contract boy marrying Miss
Fuialia l.. Ducnnisrh on January 80.
1915. in Albuquerque
She alleges that sho has been cx-
posed to humiliation, modification
aud shame n has suffered great
mental distress at being So treated
%, the defendant and has been dam
aged 90 the extent of so. 600. and
that by reason of necessary cNucudl-
lures Of "a Girl IN her station of life.
Inv preparing 20 carry out the CON
tract she purchased wearing apparel
household linens and other supplies
necessary for herself aud the defend
ant and saws she has been damaged
thereby the the extent OF SgO0 further.
wherefore she prrys iudgmort against
Mcclellan to The amount of 10000
and an costs
In Mcrlcllan's answer. filed rs Al
to"ucy p1rnc, and Nicholas. he de-
Mes every allegation made bS the
plnIntIu except that they became a..
quaiutcd about The date mentioned
and would bee married az some future
time conditioned on his being able 90
support ana maintain Miss knsemicr
bon the mauucr i1 which she had hceu
accustomed to live. that no was q man
% 90 means dependent upon his own
labor for support and vas az nil
times known To- have been u conmon
%lahorcr working for wages and NOT
nhlc 90 support The plliutin according
Co her stat on in lf,.
~" admits sondiug q rrr~ - Z"
CHI stmls present and states that u
was olis one OF many GIFTS given her
'n return tor hke ftEors received by
him ~ further states that ,hou,
iHr.D years ago the t'e.t agr"eWrl
between the pluintin 1ud himself was
broken hy mutual consent nut 'ht'
1Il letters ana other correspondence
which hc had received were r.tur led
o." hcr and that he ha3 requested
Miss Etfemoi'r 20 r"'tuu the rims
which he had given her,
The defendant expressly denies 'hat
ne over agreed to marry the pltinti1
cor mad oVcr requested q pustpurcmcri
cot rnr .ago from any definite date 1.
alleged and n % ne has no Ini" me.
ton that he spent 5000 I1 preuurlng
for the ceremony ana HlleEcs hc avn.
thoriaod no such expenditure ana do.
nics that he b. Responsible therefor.
ur charlo1ble th'feNIth
Eig bamag tptiDn Hcgun.
The case of Joe poNol.ch against
the Nictpr-hmorlcan Fuel COMPANY
In which the plniutin ask si0.o0o
DAMAGES for The lots of an eve ana
other Injuries lt thc company m me-
began n federal % This moruin"
There are "a number ui witnesses ton
both side and Indications are maj
the case probably VIII not he finished
until tomorrow
1udr" Pollock handed dnWH 4 10
clsi,n TO-DAY lu favor of the defend
ant on am uf the ciSht counts, in IN,
case of the government against On,
a r n : f. Railway company fos
violations of The niuo-hour law The
case had been submitted to tho ouurt
for decision on an agtccd statement
90 facts.
on motion uf tho plaiut.N. in tho
case nf Drostc De Nollc, udmiui-tTatoT
of the estate of Giuseppe Corotto
apalns, the Diamond Coal company.
Judge Pollock ordered the case
stricken from me lockot, with per
missiuu go rcinstttc tho suit FOR trial
later IN.
Tho ease Of william l.. bishop su-
\ prriutcndcut of public scnools Of Gal
lup. apainst William ~. Morris. which
was soft Tor today. has boo1 CONTINUED
|, throuIh This term Of court In nj.