Indiana State Sentinel, Indianapolis, Marion County, 4 April 1894 — Page 2

THE INDIANA STATE SENTINEL. WEDNESDAY MORNING, APRIL 4, 1894--TWELVE PAGES.

HE WAS TEMPTED

And He Fell Just Like a Common Man. That Is the Story Told by the Defendant, With a Telling Attempt at Dramatic Effect. SMOOTH AND OILY WORDS And Emphasis That la More Than Studied, Used to Impress the Jury v;ith His Weakness And the Idea Thnt Ho Was Much Sinned Against. The Story of the Defendant Very D.imsKing to the PlalntllT. Who Carefully Listen to Kvcry AYord The Attorney, nt Time. Ilnve Dtfüculty In Restraining Her The Silver Hatred Defendant Make a IMctnrenque Spectacle in the Witness Rm lit .Narrative a Most Itemnrknbl One. WASHINGTON, March 23. Had an alien, untutored in the king's English, dropped into the circuit court this afternoon he might have received the Impression that the benevolent, elderlylooking gentleman, with ruddy face and waves of snowy hair and beard, who hei 1 the open-mouthed attention of 200 men while he discoursed in slow, mellifluous tones, was preaching a sermon from the gospel of peace. The mistake would have been a. natural one, but it would have been a mistake, for the elderly gentleman with the scriptural head was the silver-tongued oraor of Kentucky, Congressman and Col. W. C. P. Breckinridge and he was tellir.T to tWflve of his peers and Incident! J' to the world at large the story of Ks intrigue with Madeline pollard. The colonel st d in the little witness box, his left cibov: rt ti::p: o:i Judge Bradley's desk, with his left hand it pillow for his head, and his right hand thrust carelcrsly Into his trousers pocket, lie smiled occasionally as he spoke. At first he was evidently a little tremulous In his utterances, but he lost that trace of nervousness before he proceeded far with his story. Once he pLtntvd dvn at the slender young woman in the first row of seats before him; that was when be was assuring the court that her manner toward hi:n had be.?n perfectly respectful and very deferential, but. for the most part he addressed himself to his attorn?y, Hen Butterworth, who did the questioning. As for Madeline Pollard, she never took her eyes from his face. Part of the time she rested her head on her hand and for half an hour she vigorously wielded a fan. "When Col. Breckinridge was telling how he made her accept a ten-dollar bill after the first interview, she shut her 1 ps tightly and would have made a motion to rise but for the restraining words of Attorney Carlisle, who sat beside her. Elevated above the scene sat Judge Bradley with his chair turned away from the defendant, his head tilted back, his eyes closed and his features cast into n utterly bred expression. A Chan are of I'rojcram. The attorneys for Madeline Pollard began the proceedings in the great trial today with a request that the regular order of proceedings might be varied by permitting two witnesses for the plaintiff who had been waiting in the city for a week, and whose private business demanded their attention at home, to testify at onoe. The lawyers retired for a conference, and on their return announced that the request had been agreed to. The first of these witnesses was a round-faced young man, John Beckhart, of Lexington, Ky. Attorney Farrell of the same city conducted the examination. It developed that in 1832 the witness had lived at the northeast corner of Third and Urper-sts. in that town. The -witness described in detail the houses on the block fronting on Third and Upper-sta., and Identified a diagram of the locality. This is the feloclc on which Lena Singleton Is saJd to fcave lived, but the witness testified that at no time between April, 1SS2 and 1SS8. had such a person lived there. Attorney Stoll wanted to know what this had to Co with the case and Attorney Farrell reminded him of the testimony of "Your friend Brandt." From cross-questioning it appeared that the neighborhood was rather a shady one, there being two or three houses which John termed "sporting" houses In the block. Some of them he had never visited, while to others ho had been an occasional visitor. "Have you ever been indicted down there?" "No. sir." "You need not answer that," Interposed Judge Bradley. "When Attorney Stoll dropped Into the Kentucky vernacular, asking about a "nigger grocery" kept by a Mr. Farell, Judge Bradley eyed him askance. Then, when Mr. Stoll proceeded to ask how many conferences the witnesses had held with the attorneys since he came to "Washington, Judge Bradley said that it was entirely Incoriftequential and that a lawyer who did not confer with his witnesses would be neglecting his duty. Mr. Stoll remarked that it would depend upon how many conferences were held, but let the line of questioning drop. The second witness was a tall, bewhiskered colored man, Stephen Dunn, who deals in furniture and lives at 162 N. Upper-st., between Third and Fourth, Lexington. lie gave the same line of testimony regarding the people who had dwelt In the vicinity since 1879. when he moved there. He was confident that Lena Singleton had never lived there. If she had he would have known it. The Defendant Swear. The deposition of Mrs. William J. Miller of Memphis, Tenn., who claimed that she and Miss Pollard had been Inmates of Lena Singleton's establishment In Lexington, occupied the court until after the recess. Then Mr. Butterworth arose and said: "Col. Breckinridge, will you take the stand?" and the commotion which ensued required all the efforts of the bailiff to quiet the noise. CoL Breckinridge declared that he was born near Baltimore in 1837; thit his father. John C. Brekinr!dge, soon afterward moved to Jefferson, Pa., to accept the presidency of the college, and In 1847 to Lexington to take the pastorate of the presbyterian church. lie had taken his diploma at Center college. He had practiced law only at Lexington, after tudylng in the office of Madison C. John

son, and In Louisville, at the law school, a diploma from which was a license to practice. "When were you married?" "On St. Patrick's day. 1S59." "How long did your wife live?" "She died in April, 1860, after the birth of her first child." "Were you in the late war?" "I was." He told of his various services in the confederate army under KIrby Smith, how he had risen to the rank of colonel and surrendered his regiment of Kentucky cavalry at the close of the war. He was married the second time the night the federals occupied Lexington to Miss Desha. Sept. 19. 1S64. He had five children, four living. One son and one dauchetr were with him here. Here Miss Pollard and Sister Ellis entered, taking seats before the bar to the right of the defendant, amid a subdued rustling in the court room. Col. Breckinridge, continuing, said that he had practiced law with Attorney B. F. Butler from 1ST4 to the time of the appointment of the latter to the bench. As a matter of duty, he had served on the local school board, had been county prosecutor, was a member of boards of trustees of several educational Institutions, among them Center college, but had never been a teacher except In a law school, to which he lectured. The First Meeting. "Do you know the plaintiff?" "I do." "When did you first meet her?" "In the spring of 1SS4. It was a cool morning, on a train between Lexington and Frankfort. I had an overcoat on the back seat of the car, and as I passed down the aisle to get it she accosted me in a perfectly proper way. I said: 'I suppose 1 ought to know you, but young perrons grow up so on us we forget their faces.' She said: 'I am Madeline Breckinridge Pollard;' that her father admired my father; that if she had been a boy he would have named her John B. As it was. he gave her the middle name of Breckinridge. She said she was going to a sister who wa.s dying of consumption. I exj-essed my sympathy and passed on." "When did you next meet her?" "I do not remember exactly. I received a letter from her. I have lost that letter, but tha substance of it was a request that I would call on her at the college on foms nusiness of great importance to her. The substance of my reply was that it would be Inconvenient for me to call at the college, but if I could give her any service I would be glad to do so. and if she was in Lexington she might call." "Did you receive another letter?" "I did." "Is this the letter?" asked Mr. Tiutterworth, handing up the black-bordered epistle. "It would be affectation for me to examine that. I am familiar with it." This provoked a tilt over the letter. Mr. Wilson contending that it hud not been proven to have c(.n:i from tlv plaintiff and Mr. Butterworth asserting that units:; the sMipmne court was in error it was. on several grounds, comiictent evidence. Apart from the b-tter. Col. Breckinridge continued, he could not relate the conversation concerning it which he had had with the plaintiff when he (ailed at the school a few days afterward. 11 co'ild not give th purjM.irt of toe conversation concerning tiie ktter apart from the rest of their talk. "The plaintiff." he began, referring always to Miss Pollard by the legal term, "the plaintiff," said 'I suppose yon were surprised to receive such a letter from a school rrirl?" "Laughingly I responded that perhaps she over-exagerated the importance of the matter. Then she said: "But all this time you arc standing;' and invited me to take a seat." "Now we proiK.se," said Mr. Butterworth, "to offer this letter to the jury that they may examine it and compare it with th admitted specimens of plaintiff's handwriting in evidence. Even if we had produced no expert testimony on the point under the ruling of the supreme court it would be admitted." The Colonel I'neomfortnttle. Singularly enough, the ruling which the attorney proceeded to quote was by the great namesake of the presiding judge. Justice Bradley of the supreme court. As the argument was taken up Col. Breckinridge sank back into a chair, apparently glad of an opportunity to rest. His face was flushed and while testifying his eyes frequently had roved over toward Madeline Pollard, or swept beyond her to the background of eager gaping men. But for the most part he kept his face turned toward the jury. He had leaned forward with his right hand resting on the witness box and his left elbow on Judge Bradley's desk above the level of the worn wooden box. His tones were mellifluous and silvery, but noticeably tremulous as he detailed the incidents of his early life. A great wave of snowy hair swept carelessly over his flushed forehead, the beard beneath was carefully trimmed, a small black clerical tie surmounted his expansive shirt front of glittering white and the lapels of his black cutaway coat weve Hung open. When permitted to take the chair he shaded his eyes for a moment with his hand, smoothed his forehead wearily and leaned back with his head on one side, listening to the argument meditatively. Ex-Judge Jere "Wilson replied to Maj. Butterworth's arguments as to the admissibility of the letter and began by explaining that he was confronted by an expected situation, since it had been

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v Mrs. Jennie uecKer. "How Well You Look" Friends Surprised at tho Wonderful Improvement. "C I. Hood & Co., Lowell, Mass.: "Dear Sirs: I take pleasure In writing the good I hare recelred from taking Hood's Sariaparllla. Erery spring and summer for six years or more, my health has been so poor from heart trouble and general debility that at times Iii! was a burden. I would become so Emaciated and Weak and Pale that my friends thought I would not lire Ion?. I could do scarcely any work at all and had to lie down erery few minutes. I began getting worse in January, losing my flesh and feeling so tired. I tnought I would try Hood's Sarsapa riiia and I am happy to say I am ia better health Hood'sCures than I havo been for a number of years. My fr'ends remark to me : Why how well you look.' I tell them it is Hood's Sarsaparilla that has done the work. I would hare all suffering humanity gire this medicine a trial and be convinced. This statement is Trne im the Letter." Mr.s. Jf.xxie Decker, Watscka, III. Hood's P"!3 cure llrer Ills, constipation, biliousness, Jiftadlce, sicli headache, Indigestion

I

rZKRIBLE CASS OF PROPST CT RID. Jjfo. Mallow. EsoAo. tl McLean St- Sit. Adam. Cincinnati, a, writes: took sick with dropsy, lost my appetite, could not sleep, became feverish; always thirsty, lost all strength, stomach became painful, breath short and had to give up work. The best physicians in Cincinnati, failed to help me. My limbs and body were swollen to enormons size, and I was 6uffcriDg terrible Tattv MiTTw Van ffony. a bo doctors all Jomt mallow, Esq. f could not get well again, that I was liable to drop dead at any moment. My wife sent for the priest, to prerare me for death. While waiting for death, remembered reading of your UJolden Medical Discovery,' and thought 1 would try it as a last hope. W hen 1 had -taken three bottles, I was almost woU. The swelling entirely disappeared and I was soon able to resume work. My health is better now than it has been la twentyrtive years." his expectation that the letter would have been offered in evidence at the close of the expert testimony. His argument was that this case differed radically from one in which the authenticity of some paper or legal document was attacked by a plaintiff. Here was a defendant endeavoring to introduce In evidence a letter alleged to be from the plaintiff which was absolutely denied. Until the court had passed upon the question whether it was competent evidence the letter could not go to the jury. It was a question, according to the attorney, between the testimony of the two experts based merely upon their opinions, and the flat denial of one who knew and the only one who could know whether she had written it. This train of thought led up to the discussion of the value of expert testimony, against which Mr. Wilson opened the batteries of his eloquence, fortified by an opinion from the late Chief Justice Carter of the district supreme court. Mls Pollnrd Agitated. Meantime upon Mr. Calderon Carlisle devolved the duty of keeping an eye uiKn his client beside him, whose breast was heaving, whose cheeks were flushed and whose manner betoken agitation. One of the opinions quoted by Judge Wilson dealt with the testimony of Expert Edwin P.. Hay. of whom the court had said that he gave himself a suspicious Introduction. "Now we are coming to our friend," Mr. Wilson remarked, and Col. Breckinrldge's face broke into a quiet smile while the rest of - the court room laughed. "And now we come to that WashburnSpringer report which you wrote." said Mr. Wilson, turning to Mr. Butterworth. "That was a good report, but I did not write it," retorted Mr. Butterworth. "My dear friend, that Is In your own handwriting; 1 am expert enough to know that." Mr. Wilson replied. Messrs. Butterworth and Wilson, tt may be remarked parenthetically, were in congress together. The substance of the opinions quoted by Mr. Wilson was that export evidence was the most uns ttidfactory sort with which courts had t' dal. and that experts were prone to be warped in their opinions by thr-ir f?es. After the sirgument Judge I'.radiey said that the testimony of the experts tended to show th authorship of the letter and inouired what would there be for the court to Jo if there had hfen no exp?rt testimony. jn view of defendant's testimony that he had received it in due course of the correspondence and had afterward held a conversation with plaintiff based on its content, cither the testimony of the defendant or that of the experts, he thought, would justify the admission of the letter to the si';ht of the jurors, allowing them to judge of Iht? evidence for and against its authenticity fcr themselves, aided by their own powers of observation and comparison with the admitted specimens of the plaintiff's handwriting. He continued: "It appears that this is largely a dispute over a shadow, as the contents of this letter have leen published by the pres and the jury are probably intelligent men and readers. Newspaper enterprise Is a good thing, hut in this instance it was enterprise with a vengeance. It was crinterr.pt of court and was a gross impropriety to publish H before it was given to the jury. I presume the reporters were not aware of the impropriety of their act, which must have been committed within the precincts of the court. The letter would have been admitted anyway, but supp1-"? it had not on and the jury had read it. Great harm might have been done by the action." After these admonitions Mr. Butterworth read the letter which has already been published. This finished. Col. Breckinridge rose again and described what had become of the letters. He had kept three files one at his house, one at his office and one partnership file. It was his recollection that the two had been placed in the lile at his office. Returning to his visit to the Wesleyan seminary, the defendant explained that it had been made while on a business trip to Covington, on Friday, the loth of August. There being no hotel accomodation in Covington, he had gone to Cincinnati to stay over night. After dinner, remembering the letter of Miss Pollard, he strolled up to the college. "I sent my name up," he said, "was invited into a room and in a few moments ths plaintiff came down. We shook hands. She said she supposed she had astonished me by the substance of her letter; that it was worse than a divorce case. "U:e took seats, she on a divan, I on a chair, in the rear of the room. She narrated the circumstances under which she had made the agreement with Mr. Rhodes. Until then I had not known who her mother was. I had known her father but not whom he married. As soon as she told me she was living with her aunt. Mrs. York Keene. I knew who her mother was because her uncle, York Keene, had been In my brother's regiment. Because her father had died in straightened circumstances and her life with her aunt had not been pleasant she wanted to leave. Mr. Rhodes had fallen in love with her, but she had respected him as an older man but did not love him. She wanted to know whether he could compel her to marry him. I treated the matter with some levity, and said I knew of no law in this day by which she could be compelled to the specific performance of a marriage contract, She grew grave, looked as though she felt like crying, took out her handkerchief, put It to her face, and I got up and walked the room. I asked her If her mother was alive. I had not seen her mother, I have never in fact: but she said her mother had not approved of the contract and It had made unpleasantness in the family. I spoke' of her grandfather. I knew her grandfather and her uncles. She had ceased to walk the room, she was sitting on the divan and I was standing beside her. I started to leave after some expressions of sympathy but shek delayed me. She said, the plaintiff did: 'It's much worse than that; it's much worse than that. lie Insisted on marrying me. I did not want to be like Aunt Lou. with a house full of children and unable to educate them. She put her handkerchief to her face." An Alleiretl Confession. Here CoL Breckinridge spoke very slowly and reproduced the mournful tones which a young woman might use In making suoh a confession: "She Bald: I gave him a higher proof than that contract.' Then I said she ought to marry him anyway. She said: 'I can't. I have grown away from him. I know what other men are and his very presence is offensive to me.' I replied: You can't afford not to marry him; a young girl as you are.' Then the conversation drifted away. There was nothing more I could say. She seemed to have said all she cared to." There was an exquisite minor key of retrospective pathos as the colonel sank his voice through these passages. "The conversation drifted away," he reflated, reflectively, nnjrerlng the bible

at hand. "As I stood there with my hat In my hand she said: 'I have set my head on becoming an authoress.' I said: 'Why, you can't do that, but you must remember that this double life here he assumed the stern tone of a moralist, a man stainless above reproach, producing the paternal,- advisory manner .of the counsel he said he gave to the young woman. " 'This double life,' I said, 'may come up against you anytime. He has you in his power. A young girl can't afford that. You should marry him as soon as you can.' She said: I won't do that anyway; no danger of his giving me up.' "Then she spoke of an entertainment at Vlne-st. She said there was to be a cornetist play. I have been going to Cincinnati ever since I was a boy, but I never knew which of the hills Vine-st. was on. She raid. In an entirely proper way perfectly proper" Col. Breckinridge seemed anxious to make assurance double sure on this point "that we might ride. I asked if they would let her go. She said she was a summer boarder and she knew of no rule against it. Then a yorng man came into the room whom I recognized as Mr. Brown, for although I dia not know he was connected with the school he had represented Jessamine county in the legislature. We shook hands and he said It would be perfectly proper for us to go. Then I took dinner at the Burnet house. After dinner I walked up to a stable and selected a carriage without any particular thought about what kind it was. It was a warm August evening. There was quite a little group on the portico. Nothing was said about a closed carriage or about my having a sore throat; no allusion whatever, no excuse, n;r any reason for any excuse." A Slight Accident. In the mild deprecatory gesture with which the colonel brushed away the breath of suspicion of Impropriety from his action at that time he knocked a tumbler from the stand with a crash which startled the room, and men looked around apprehensively as though they thought of Kentucky shooting-irons. "We started in an en-tire-ly proper way," he resumed. "Any excuse would have been wholly out of place, nor was any reason asked." For the first time the flow of silver deprecation was harshly torn by the matter-of-fact query of Maj. Butterworth. "How long were you at the college that afternoon ?" "Oh, about an hour or an hour and a half. Thtre was a light conversation, which deepened Into a tense, grave conversation and afterward became light again." "Did you speak of going to Lexington the next day?" "Nothing was said abjut going to Lexington that day, and the next day when I started to LexinKton I was surprised to find her on the train." "What do you know about any bogus telegrams?" "I never heard of anv such teleerram until after this suit was brought. There was no way I could have sent any bgua telegram. This is entirely new to me." "What do you kn w ab nit her guing to Sayre institute in Lexington?" "I knew nothing of it whatever until afterward. Nothing whatever in any way." "II "v long were you driving that evening?" "I can't say, Butterworth: we got back before the school w?s closed just about 10 o'clock." "Did you have any conversation about jx-ur first wife?" "None whatever. My first wif was not alluded to. My dead little boy was not mentioned. There was no a'ÖL'?in to my family surroundings in any way." "Did you make protestations of love t this woman?" "I did not." "Did you go to anv concert that night?" "We did not." "What was there in the conversation, bearing, dreps or apiiearancf of the plaintiff to Indicate that she was not a girl of mature years?" "She seemed to be a young woman of twenty or twenty-two. She might have been nineteen. Sh? was a fully gr. wn young woman, of perfectly proper manner (glancing for the lirst time at the plaintiff): very deferential, very." "Anything to indicate that she was not a proper young woman?" asked Mr. Butterworth. Col. Breckinridge wanted none of bis hearers to cherish a suspicion that he would have ventured forth with an improper person. Hi3 disclaimers were repeated, and in his softest tones. "Not the slightest." he replied: "not the slightest. Her conduct was entirely correct. Nothing was said about her peculiar relations to Mr. Rhodes." That Fatal Drive. There was a marked Inflection upon the word "peculiar," as if Mr. Breckinridge did not wish to speak outright of such things as those relations. Returning to the drive he continued: "We took the left hand road at the top of the hill because fhe said the right hand road through the park was made uncomfortably hot by the gas lights. So I told the driver to turn to the left." "Were the windows of the carriage open or shut?" "They were open," replied the colonel, and then without prompting he came to the heart of his narrative. "After we had driven some distance." he said, "and she was talking at some length about her desire to go Into journalism, to be an authoress and we had spoken of George Eliot, she took off her hat and put it on the front seat. I put my arm around her. There were no protestations on my part, no offer of love. What occurred, occurred in the natural way. I put my arm around her and drew her to me. I was a man with passion. She was a woman with passion. That was all. There was no outcry by her. no resistance. I, man as I was, took liberties with her person." "Just a case of illicit love?" broke In Mr. Butterworth. "That was It, Butterworth. I am a man, she a woman, human, both of us." Continuing, "That was going out. Coming back there was hardly a word spoken until we got close to the city. Under the gaslight I took out of my pocket a stamped envelope. She was on my left hand side. I put my hand in my pocket and put something into the envelope. She refused to accept it. I said, 'there are a great many little things you need.' "What was in that envelope?" Mr. Butterworth Inquired, but the congressman ignored the interruption, continuing.

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"As we got out. 1 put it Into her hand, closed her hand on it, and bid her good night." "What was it?" repeated Attorney Butterworth?" "It was a bill. I think a ten-dollar bill." "Adjourn th court," shouted Judge Bradley, who sat through the narrative with his head averted and eyes closed, and the court adjourned. WASHINGTON, March 30. Chapter II of the story of the Col. Breckinridge trial was told today. It consumed the whole session of the court and still the narrative remafn.s Incomplete. From the second meeting at the Lexington house of assignation kept by Sarah Gess in 18S4 down to the late spring of 1893 the recital wound Its way along a path stormy with pistols, illegitimate children, clandestine interviews and secret marriage; more of Intrigue than one would suppose could be contained in the life of such a mild-looking, elderly man as the one who leaned over the witnessbox and told It all In a matter-of-fact way, occasionally dropping Into a Jest. Before him sat the woman who Is willing to emulate Sampson by dragging him down with herself with the temple, and was the only disturbing factor In the scene. She persisted in becoming agitated and once she made an outcry demanding to know why the defendant could not tell the truth, but Judge Bradley warned her firmly but kindly that she must exercise self-control or leave the room. There is a wealth of detail in the defendant's story: he binds it about him with many extraneous matters and throws an atmosphere of high life over it, weaving in with his meeting with Miss Pollard allusions to the many political events in which he has taken part; the schools he has addressed; the confederate reunions he h3s attended; the banquets to which he has been called as an honored guest; the ladies he has taken to call on Mrs. Cleveland, even the dinner of the Reform club in New York, at which, as Mr. Butterworth observed "Speaker Crisp did not speak." A Large Audience. There was an audience awaiting the second appearance of Col. Breckinridge on the witness stand today whose interest in him and what he would have to say was more intense than that of any audience he had ever faced before. Foremost In It sat the plaintiff and her elderly companion, Mrs. Ellis; back of them. In double rows, the lawyers in the case, and also Desha Breckinridge, the son to whom the defendant had referred in affectionate terms while detailing the members of his family yesterday. Further beyond were two long rows of newspaper men and sketchers, waiting to transfer to raper the different attitudes of the congressman-witness, and then the ranks of spectators, most of them members of the bar. No time was lost in sending the witness to the stand, and then Mr. Butterworth handed up the work basket which had belonged to his second wife and which Miss Pollard said he had given her with affectionate words. He recognized it. "My wife was Miss Desha. She died in July, 1S32." he said. "I last saw the basket in my rooms on H-st. I have no recollection when. The statement made by the plaintiff was that when I left Washington after the session of congress I went with her to the train and that I gave her the basket then with affectionate words. I did not ride with her in the heroic to the depot. I did not give her the basket under any circumstance:'." The oioe of ("ol. Breckinridge as he made this denial was soft, cool and measured as carefully as it had been throughout his testimony the day before. Miss Pollard was sitting verysi raight in her chair with her eyes fixed sharply on him, but he directed his replies entirely to his questioner, who sat between Mis3 Pollard and the jury. Mr. Butterworth then asked: "When did you first learn that the basket was in the Jtossession of th" plaintiff?" Col. Breckinridge "I learned a day or two before the trial that a basket was In her possession. What basket it was I did not know, nor did 1 have any knowledge where the basket was until it was produced at the trial." "Have you any knowledge bow this basket got into her possession?" "I cannot say from personal knowledge how the basket came Into her possession, nor did she receive it with any knowledge or consent or connivence on my part." The I.exingrfon lolrigup. Mr. Butterworth then left the question of the basket and directed his questions to the details of the meeting between the witness and Miss Pollard and the circumstances of the visit to the house of Sarah Gess. "I wish ou would give an account, colonel," said Mr. Butterworth, "of your trip to Lexington on the afternoon of Aug. of which you spoke yesterday when the plaintiff was in the train." "I found the plaintiff in the car when I got into it. I found the car was crowded and I found the plaintiff sitting near the door at which I entered. I spoke to her and the conversation resulted iu an arrangement by which we were to meet that evening in Lexington." In answer to a further riuestion be stated: "An arrangement was made that we should meet at the house of Sarah Gess. The arrangement was carried out by going in the street car." , "State what took place between you and the plaintiff then." "The statement in the New York World was substantially correct. We knocked at the door several times. When no one responded a little talk took place between the plaintiff and myself as to what to dev One suggestion was that she should go to the door of a friend, where she expected to spend the night. Another suggestion was that she should wait a little while, it being Saturday night and it being the custom to do a little marketing that night. The conclusion was that she should wait and I should go to my home and if Sarah Gess returned in a reasonsible time I would find her there. "I had supper with my family that night. There was a torchlight procession and some speeches, but I did not make a speech myself. I walked back to Sarah Gess's and found the plaintiff there. There was to be an election the next Monday and there was some feeling on both sides." "Had you made an agreement to go to Sarah Gess's as the plaintiff said?" "None whatever." "Was there any conversation ' about her schooling and inducements of help held out by you?" "None whatever." "Was there any resistance or protestation on her part against what was done there?" "None whatever. We merely carried out the arrangement made on the train. She preferred to remain In the house and avoid any risk of questions which it might be inconvenient to answer. I returned the next night, Sunday, with some uncertainty whether I would find her there, as she had said If she could slip away without risk to the house of her grandfather or uncle she would do so. I found her there, however, as she said she had not dared to take the risk of going away by daylight. I remained until about 10 o'clock that night." "Was there any reference to Rhodes?" "I cannot recall any. Possibly there was In those two evenings." "Did you see her Monday morning?" "I did not." She Warn Mature. "What was there in her conduct or appearance to Indicate that 6he was not a matured young woman?" "Nothing whatever. She was a fully developed young woman with nothing to indicate that she was not experienced in the relations of the Bexes." "Was anything ever said about her

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brdng seduced by you. or. as it has been said here, that she sedu-ed you?" This question stirred a laugh at which Judge Rradley looked up from Iiis writing and rapped sharply. "As to the first." said Col. Breckinridge, smiling in an embarrassed way. "of course nothing was said. Nor until the filing of this suit was anything ever said to the effect that I had seduced her physically or otherwise." The witness said that from that time until he met her with other school girls of the Sayre institute in Lexington, the next October, he had not seen or heard of Miss Pollard. "The two old ladies with whom she boarded there were perfectly proper, most estimable and respected persons. If the plaintiff received anyone In her room there at nights, as she has sali, I know nothing of it. It was not I." While Miss Pollard was absent from Lexington during the spring of 1", when she said that her first child was born, witness declared that he had no knowledge of her whereabouts, and no communication with her. If she bad written him under the nom de plume of Margaret Dillon he had not received the letter nur any box No. 47. "Did you pay the plaintiff anything when you parted from her at Sarah t;esss?" "I cannot use the word pay," replied the colonel, considerately. "I paid the expenses at Sarah (iess's and presented her a sum. not very large, but enough to pay her traveling expenses." Continuing, he denied all knowledge of the correspondence to Rhodes, alleged to have been written dated from New Orleans and other places In the South by Miss Pollard under his direction, nor had he ever written a letter purporting to be from her to her mother or any other person. Their handwritings were so dissimilar that it would have been out of the question. The letters from Miss Pollard to Rhodes which were read in court he had procured from the sisfr of Rhodes through Attorney Tenny of Lexington. He had never seen Dr. Mary Street of Cincinnati, now Mrs. Logan, and referring to her description of him as a small man, he said: "I was no more of a pigmy then than I am now." He described in a general way his movements in the year lSS." until he met Miss Pollard in August or Sepet ember, assorting that he had no knowledge of where she had been or the reason for her absence. In his boyhood be had been acquainted with Mr. Rhodes. Instead of being in Cincinnati on Saturday, Aug. 17. 18S4, when Miss Pollard had testified they met at the public library and afterward visited an assignation house, he had been engaged in court at Winchester in the trial of Ollie Rrown for murder. The next week and all that month he had been greatly engaged. 3Iore Confessions. "Did you meet Ms Pollard after that first meeting in the fall of 1884, I mean improperly, an assignation?" asked Mr. Butterworth. "On the 11th of October I met her in a house In Cincinanti. She came from the western part of the state and I from the east. I met her at the (!rand central depot in the morning and we went to Mrs. Rose's house where we were some time. I went out on business and returning after supper remained several hours. I returned to Lexington in the morning and she went there by another train." "Did you present her any money?" "I paid the expenses, whatever they were." The congressman was able to fix that date because there was a great republican meeting that night at which John A. Logan spoke. "You did not have the advantage of attending the republican meeting?" said Mr. Butterworth. "It might have been an advantage to me to attend a republican meeting." "I saw the plalrtiff occasionally, but not frequently," continued the colonel, "during the months of November and December, 1884, and January, 18S5. I iaw her in both sense on the street and in the house I have spoken of. After the 4th of March I was In Washington several days to introduce to the president some gentlemen who were willing to serve their country. My wife's mother was in poor health and I returned on her account. She died on the 24th of March. "The first time I ever had any Information from the plaintiff that she had been pregnant was in the summer of 1SS7. The first time I ever heard that her pregnancy had carried her to Cincinnati was In the fall of 1892 when she desired me to obtain an office for a lady on the ground that her brother had been her physician on that occasion." "When' did you learn that she was pregnant on that occasion by you?" "That was in the summer of 18S7, when she first told me of her pregnancy." "Did she tell you the result of it?" "Her information to me was that it had been a legitimate miscarriage, not an Improper miscarriage: that it had occurred with her mother's knowledge, under her mother's supervision; that it

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