New Britain herald., 1916-08-18
HIS MEMORY FAILS
 INLOYE BALM SUIT
Subway Builder Can't Remember
 Being So Nice to Plaintiff

Il may have put my arm about her Or placed my hand on her shoulder in a friendly way, but have no mem Ory of having done so,' is the reply of John Alvin Emery, 70 years old the man who built Boston's first sub- l way, to a question as to whether he ever hugged Mrs Mary R. French, who has brought an $50, 900 breach Of 1 promise suit against him.
 The question and reply are among the answers, filed yesterday in the Suf- folk Superior court, to interrogatories put to Emery last February by Mrs. 1 French in connection with her suit for alleged breach of promise to mar l ry.
 Mrs. French filed her suit Nov. 1, 1915. Emery, who is now retired from business and lives at 160 St. Botolph 1 street, is married. He had already filed an answer to her suit in which 1 he made a general denial, and as a | defence set up release of all de- l mands which he declared Mrs. French gave him Dec. 23, 1914 According to MT. Emery he did not | know whether Mrs. French was mar ried or not when he first met her, but later he says he was informed she was married and afterwards had se- cured a divorce. He says he thinks she must have been living apart from her husband as he never saw him.
 T first met her in 1905, in connec- tion with letting to her an apartment on Huntington avenue that I had charge off, says MT. Emery in his an SWerS
 'Between Jan. 1, 1907, and Jan. 1, 1914, I called on her a number of times to collect rents and in response to her requests to call," he states. Some of these calls might be called social, but they were generally short calls.
 The place was usually 168 Hunt ington avenue, som etimes 1929 Beacon street, and a few calls were made at Garrison Hall where Mrs. French lived for awhile.
 Mrs. French did not secure a di- vorce at my request. I suggested MT. Field of Browne, Field & Murray as counsel for some business transac- tions. but not for securing a divorce. I did not tell her I would pay MT. Fields fee for securing a divorce" Replying to the question whether or not he did pay MT. Fields fees MT. Emery said:
 NO; she frequently asked me for
 
 sometimes I lent it to her. I hold her notes for several thousands of dol lars of borrowed money; for what she 1 used the money I cannot say.' Answering further questions MT. Emery said:
 "I never took her to any place of amusement except that once at her in vitation I accompanied her, with other | persons, to look on at a masquerade 1 ball in symphony hall. "T never took her to Hough's s i Neck, but do remember accompany ing her back from there once or 1 twice."
 Made Money Loans.
 In response to the question whether { he made her any presents Mr. Emery | answered:
 ] II made her money loans, each at her repeated solicitation, which, for i the most part she never repaid. She has acted as if she regarded them as presents but I did not. I did not make her any presents"
 "Did you ever talk with her about i marria"e?" was one question, to which MT. Emery repled:
 No, except about 10 days after my marriage, Sept. 2, 1914, she congratu- lated me on it. Up to then we had never spoken of marriage, and she made no criticism or claim.
 "I never asked Mrs. French to mar ! ry me. and never told her I would ! marry her as soon as I retired from business. I never became engaged to i her, or asked to become engaged. On , the contrary my relations with her were simply those of a business ac- duaintance and partly those of a friend.
 "She never made any reference to | rQarriag ge until December 23, 1914, i when, at her request, I gave up cer- l tain mortgages on her personal rroperty and secured from her a | signed release of all demands on me. After signing the release she re- l marked: Now I can never sue you for breach of promise I laughed and remarked: No, and you never 1 could have sued me-
 ''Did you ever give her money and request her to purchase an engage rlent ring with it ?' was one of the l questions to which MT. Emory replied "No."
 Other questions and answers were