Hamlin County Jury Decides in Favor of Defendant in Case
Castlewood, S. D.. Oct 26.— Allin Axford in circuit court in Hamlin county, was successful in his fight against a $20,000 breach of promise suit brought by Miss Jennie O. Hershay of Hurley. Both parties are well known in Castlewood, and the town at all times during the trial was at a high pitch of excitement, and when the Jury returned a verdict for Mr. Axford, the town turned out and made things lively. The story of the trial and the association of the two parties dates back to the winters of 1905 and '06. when Miss Hershay and Mr. Axford were going to the Wesleyan university at Mitchell. Here they became acquainted. In the spring of '06 she came to Hamlin county and was teaching school and staying with a relative living a short distance from the Axford farm. Living close together, the two young people became better acquainted, and were engaged in the latter part of April 1907. There was only one difficulty in the path of the two young people. Miss Hershay had made up her mind to become a missionary. She insisted that after her marriage, they should both leave for China. This did not suit Axford and he stoutly insisted that it should not be so. On June 18, 1907, it is alleged that Miss Hershay had invitations published, announcing the wedding, and setting the date on June 26, 1907. Though there was some dispute on this question, it is claimed that Axford did not know of this card or the setting of the date until he found one of the cards in the hands of his relatives. Three days before the wedding was to take place, Axford wrote her a letter stating that as she would not concede that they should not go to China, he must refuse to be a part of the ceremony, and that the wedding was off. Miss Hershay had been inclined to be very religious, and though she sincerely wanted to marry the man, she could not give up the idea that they ought to go to China. C. X. Seward, who was defending the young man, held that inasmuch as that the two parties had never come to any definite understanding on the matter of going to China, that the marriage contract had never been completed, and the Jury so held. Axford is a candidate for county superintendent of Hamlin county.
Contributed by Kim Torp - Aberdeen Daily News 26 October 1908