Breach-of-Promise Suit: Mary Smith Says Starvation Forced Her to Sign Release

Mary H. Smith's reply to Elmer H. Fisher's answer, probably the last pleading that will be filed in the Smith-Fisher breach of promise case, was filed with the clerk of the superior court yesterday. In both the complaint and answer a great deal of plain speaking was indulged in by both plaintiff and defendant. In his answer filed April 11, Fisher admitted that he had been intimate with Miss Smith in Colorado, but insisted that it was as his mistress, and that she was not his wife, nor did she have any reason to consider herself. He admitted that he had introduced her as his wife, but claimed that it was merely in order to avoid public scandal. He also set forth a release that he claimed she had signed in consideration of certain property that he had deeded to her and $400 in cash. In her reply Miss Smith reiterates her claim to be his wife, and says he admitted it until the decision of the supreme court of this state declaring common law marriages illegal was rendered. She admits that she signed the release set out in Fisher's answer, but says that she had been very ill previous to the signing of the paper and was absolutely without money. These facts she claims that Fisher knew, as also that she was suffering for something to eat, did not have clothes to wear, and was practically barefooted. Under these circumstances she says that Fisher came to her and declared that he would not provide for her in any way unless she would sign the paper referred to in his answer. Her signature, she declares, was obtained by taking advantage of her necessities when she was in dire need and actually upon the verge of starvation.