Indiana State Sentinel, Indianapolis, Marion County, 11 April 1894 — Page 2

THE 'IKDIAXa ' STATE SENTINEL, vtednesd AY MORNING. APRIL 11. 1891TWELVE pages.

EW POINT SPRUNG

In the. Course of the Pol-lard-Breckinridge Trial By the Evidence of Mrs. Louise Lowell. SHE HAD COPIED LETTERS Written by the Defendant to Mi3s Pollard. The Latter on the Stand for a Short Time In Order to Substantiate the Story of the Typewriter Col. FlreoUl nrldnre Makes Flat Dental of Having: Secured the Services of the Witness More Sparring Between, the Attorneys. "WASHINGTON", IX C, April 3. There was a variation of the order of testimony In the Polhird-Breckinridge trial today to permit the introduction of evidence that Col. I?;-f 'klnridge had carried on a typewritten correspondence with viaaeune rimaru irom in nouse 01 rrpresentatives in 16. The demand from the plaintiff's lawyers to be permit ted to follow this couise brought a delicate question of law bet' ore the Judge. It was conceded that documents might be fcrought into a case and a witness questioned upon It in cross-examination from which to lay the basis for contradiction, but whether the existence of a missing document could be asserted and the defendant asked whether he wrote it was another question, a question which Judge Bradley decided in the affirmative after listening to the arguments and consulting authorities. He held, however, that the witnesses could not be asked to give their tecollection of the contents of the letters. Accordingly Mrs. Louise Lowell, who conducted a business In typewriting' at the capitol in the year of 18S6 and had been discovered by the plaintiff last Sunday, stated that she had copied mysterious letters upon a typewriter for the colonel and had also addressed for him a package of envelopes to "Mis Pollard. Tt N. l'pper-st., Lexington, Ky.," having made an entry of the address In a notebook, which she produced, but which did not entirely substantiate Jier statement because It seemed to have been used In 1SS7 and 18S3. Mi Pollard- Brief Testimony. Miss Pollard also appeared in a speaking part onco more to testify that she had received the letters in question. During her brief appearance the lawyers had their hands full endeavoring to make her confine herself to answering me questions tnreciea to tier, ror in her untrammeled utterances when on the stand before she scored some of the most telling points for her side. Thereafter the program was a continuance of the fencing between the congressman from Kentucky and the excongressman from Indiana. Both Col. Breckinridge and ex-Judge Wilson are lawyers of brilliant parts and no exhibition of its kind approaching the thrust and parry of the two men when pitted as examiner and witness has been heard for years. It was enjoyed by an audience worthy of its merits, for beside the usual varying corp of congressional attendants and lawyers, there was a wellknown methodist clergyman in the audience and a retired judge of the district court luxuriated in a seat beside Judge Bradley. C1. Breckinridge made ironclad denials of the testimony of Mrs. Lowell, beside contradicting Miss Pollard at many points. Judge Wilson was disposed to drop into a vein of sarcasm at times, speaking of the defendant as a "Fatherly-looking and perfectly re spected gentleman like yourself." He laid the foundation for more testimony in rebuttal by obtaining a denial that a servant at the fashionable boarding house where Miss Pollard had lived had ever seen her using in his presence that work-basket formerly belonging to his dead wife, which the colonel swears he did not give the .plaintiff. Everybody is guessing tonight the nature of the new line of examination which Mr. Wilson announced that he would take up in the morning. Sparring by Attorney. A battle royal of wits between ex-Con-jrressman Jere "Wilson and Congressman .TV. C. P. Breckinridge was expected today after the Interesting sparring of yesterday. Both are men of the greatest ability and pitted against each other as examiner and witness they manage to furnish a fine display of mental sparring. Interest was intensified, too, by the presence of two ladies in the court whose faces had not been seen before, sitting at the table with the Pollard forces and from the passage which had closed the examination the day before it was supposed that one of them must be Louise Lowell, the stenographer and typewriter who had a desk in the capitol In 18S5 and to whom letters were dictated by Col. Breckinridge, if the claims of the plaintiff be true. Mrs. Lowell la at present a clerk in the treasury department and is a woman of short ctature. with hair beginnning to turn gray. She wore this morning a dark, green gown trimmed with narrow gilt braid. Judge Bradley does not seem to relish the testimony which Col. Brecklnnoge 13 giving. The judge occupies a chair beIde the witness box, but on a raised platform behind a ponderous desk. Whenever Col. Breckinridge begins to talk the judge wheels his, chair around bo that the heavy upholstered back is turned toward the witness and directs his gaze toward a far corner window, reads lgal documents or closes his eyes. This same position was assumed by his honor soon after Col. Breckinridge stepped Into the box this morning after half an hour had been consumed In examining candidates for the regular April jury and excusing them until next Monday. A Point of Utt, Mr. Butterworth at once opened the question of the admissibility of the correspondence alleged to have been held with Madeline Pollard In 1S8. Judge "Wilson In reply assured the court that the evidence had not been discovered until Sunday and asserted that he proposed to put the witness on the stand at once, that. Col. Breckinridge might not be taken by surprise and that he might have ample time to make explanations. The question was raised by Mr. Butterworth whether the discussion of the proposed testimony should be had befcra the jury.' The question, said Judge Bradley, seemed to be whether evidence tending to show that a paper had one time existed should be offered at this time, to lay a foundation to contradict the witness. Mr. Butterworth, in replying, said that while Mr. Wilson had spoken for himself in saying the evidence had only been discovered Sunday, It was not apparent that he had spoken for the other counsel and his client, whereupon Mr. Carlisle Insisted upon adilnr his assurance to that of Judge

Wilson and considerable asperity was developed among the lawyers over the point. Judge Bradley Inquired whether if the letter was in existence and Col. Breckinridge denied it, it could not be produced in rebuttal and Mr. Shelby responded that even under those circumstances It could not since it would be an attempt under the guise of rebuttal to prove the case in chief. More argument was made by Mr. "Wilson, who held that effect of evidence could not be eliminated because it came out in cross-examination. Half an hour had been consumed by this argument when Judge Bradley decided the point, saying that there could be no doubt about the admissibility of the letter Itself, if It was in existence, as basis of cross-examination. Although a novel case confronted the court the authorities seemed to be that where a paper had been destroyed or lost proof of its previous existence could be interjected. It seemed to be proper since the cross-examining counsel said the paper was not in his possession and the witness denied knowledge of it. to interject proof of its existence as a basis of examination. Mrs. Lowell's Testimony. Thereupon Mrs. Louise Lowell took a seat in the witness box. She said that she had known Col. Breckinridge since February, ISSfi, having become acquainted with him at the house of representatives, where she had an office to carry on business as a stenographer and typewriter in the corridor by the committee on poftoffices. "Did you do work for Col. Breckinridge?" Mr. Wilson inquired. "I did." "Did he bring manuscript of a letter to you?" "He did, and I copied it on typewriter." "How was the letter addressed?" "I object," interrupted two or three of the Breckinridge attorneys, who protested that there was no proof of the Wter having been mailed, but Judge Bradley said, to sustain the objection, would be to nullify the purpose of admitting the- witness. The manuscript and copy had been returned to the colonel, Mrs. Lowell continued. From to 1M0 she had done Col. Breckinridge's private correspondence arid congressional work, always returning the manuscript. Addressed to Mian Pollard. "Nov.-. what was on those envelopes?" continued Mr. Wilson. "Miss Pollard, 78 Ppper-st.. Lexington, Ky." "And how do you remember that?" "I kept a memorandum book. In which I noted the address." "Have you the book?" "I have," she said, and the book was passed around for inspection of th lawyers. "Feeling sure that sooner or liter T would hear more of Miss Pollard and not wishing to trust my memory, I made that memorandum." she explained, and, continuing, said: "He (Breckinridge) brought me two or three envelopes separately, then a parkage of a dozen small ones yellowed with age and not such envelopes as a business man would use." The question of the substance of those letters was objected to and the objection sustained for the present. The first communicatLm said the witness was addressed to "My dear sister Iuisa." and when Mr. Wilson urged that testimony of Its contents should be admitted Mr. Butterworth returned that there was no proof that it had ever been mailed or received, reminding Mr. Wilson that it was the ground taken by him regarding the alleged forged letter of Miss Pollard's." "I now give you notice, if you have that Wter, to produce it." said Mr. Wilson to the defense "I Iw can I produce the letter if I sent it to the plaintiff?" Col. Breckinridge inquired in reply, wheretipon Mr. Wilson remarked in his inimitable way: "You and I will have a little conversation after awhile." The witness, continuing, recollected that she had copied the letters for Breckinridge nearly every week, but said she could only prove having done fifteen or sixteen. The judge having ruled out examination concerning the contents

i of the letter. Mr. Butterworth made a brief cross-examination, asking Mrs. i-iowell where she had worked and for ! how long. She had kept a record of the I work she did for congressmen, with the ! amounts received, in an account bonk. I She had an independent recollection of I the address of Miss Pollard, since the matter had made a very deep impression on her mind. i "Are you acquainted with Miss PolI lard?" was asked. "I never saw Miss Tollard until this morning." In her books she had merely entered the amounts of work done, the name of the party and the amounts charged, so that no. congressman need worry for fear that the ledger would rise up to get them into trouble. Col. Breckinridge made other emphatic denials covering many of the statements of Miss Lowell. After the recess Miss Pollard was placed on the stand to prove that the letters In question had been received by her and destroyed. The defense objected to this line of testimony at this stage, but It was admitted by the court, exception being noted. Miss Pollard described these letters as beginning "My dear sister Louise" and "My little spitfire," and addressed by a typewriter and all signed in lead pencil. More Flat Denials. Then Col. Breckinridge was back on the stand making flat denials concerning these letters Having finished this branch of the subject, the defendant told of the events of the fall of 1SS7, when CatarrlTis Caused! by Impure Blood Hood's Sarsaparllla Makes Pure Blood And Permanently Cures Catarrh. I Mr. 7. M, Carnahan Patton, I iL C I. Hood Si Co., Lowell, Mass.: Gentlemen : I am Tory happy to write to you that I hava been taking Hood's Sarsaparille for catarrh with great success. I hsTe been troubled with this complaint for orer ten years, with dull headache nearly , all the time. After taking three bottles of Hood's Sarsaparllla, I am cured of catarrh and elf ar ot tne headache. I was also troubled with a scalp disease, which was very Hood's5 Cures annoylcff. four or fire years. Since taking Hood's Sarsaparllla I do not have any trace of this trouble. I sleep well, hare a gcod appetite and f?el strong:, qnite in contrast to my filing before 1 began to take tltU good medicine." J. M. Cakxabax, Fatton, I1L Hood's Pills are prompt and efficient, yet easy La actio u. gold by all druggist. 26c

0 and those soon to become mothers .should know that Doctor Pierce's Favorite Pre- . scription robs childI birth of its tortures, terrors and dangers to both mother and child, by aiding nature in preparing the isystem tor parItuntion. inereoy "labor" and the period of confinement are greatly shortened. It also promotes the secretion or an abundance of nourishment for the child. Mrs. DORA A. Guthrie, of Oakley. Overton Co Tenn., whites: "When I began taking your ' Favorite Prescription. I was not able to stand on my feet without suffering almost death. Now I do all my housework, washing, cooking, eewing and everything for my family of eight. I arn stouter now than I hare been in six years. Your Favorite Prescription is the best to take before confinement, or at least it proved so with me. I never suffered as little with any ot my children as I did with my last, end she is the healthiest we've got. Have induced several to try 'Favorite Prescription,' and it has proved good for tbem." he and the plaintiff met In Washington near the catholic Institution, "as a woman in her condition and a man supposing himself to be the author of her condition would meet." "Dt you wish to be understood as saying that you supported her in whole or in part during two years that she was at the academy of the Holy Cross, on Massaehusetts-ave?" was a question, to which the cMonel responded: "I would not wish to be understood as saying anything about it if I could avoid It, hut. as a matter of fact, my contributions to her were not lessened. Thf were irregular amounts and I understood they helped to pay her board at the academy." Referring to five notes of $100 each drawn by the plaintiff and indorsed by the defendant late in 1892 to pay. Miss Pollard's board at the school of the Holy Cross, Mr. Breckinridge stated that he did not know what became of the notes; did not know whether they had been protested. Was sure that he had never received notice that two of them went to protest. "Now, to refresh your memory," began Mr. Wilson, this testimony having been elicited by a succession of question, "do you not know that notice of the protest was sent to you both in Lexington and Washington?" He did not and the Attorney asked. "Do you know the particular object for which those last notes were drawn?" "I do, very well." "Was it not to enable her to purchase her wedding trousseau?" . "Nothing like that. There is not a scintilla of truth In It." was the colonel's impressive answer, and he wanted to tell about the deal, but Mr. Wilson choked him off with a reminder that his counsel would examine him later. The rrrwR-examlnatlon having drifted to the renewal of relations in l$s; in Washington, the defendant was asked: "Did you ever have a room In the northwest section?" "We did try that experiment, but of all the unsatisfactory experiments that was the worst I ever tried. We had not been there more than three or four times before the plaintiff said that it seemed that every window within three blocks had eyes when we went In there and I was sure that people were standing on every doorstep in sight every time I went. U am a rather peculiar-looking man. so i' people remember nie, so we give that'- up." "Now." said Mr. Wilson a little later, alluding to defendant's criticism of Miss Pollard's falsehoods in saying she had been to dinner at his house to account for her absences, "you are a fatherlylooking man and she a young girl, both of you from Kentucky. Can you conceive of a better excuse for her to give for her absence than that she had been to dinner with a respectable elderly gentleman like yourself?" "Nor can I conceive of a keener one To be used afterward for a suit like this," wps the reply. WASHINGTON. April A. The inquisition suffered by Kep-resentative Breckinridge at the hands of Judge Jere Wilson regarding the testimony of Mrs. Governor Blackburn would be the talk of the city tonight but for some remarks from Judge Bradley which enlivened the close of the day's proceedings and obscured all other passing features of the trial In their interest. Col. Breckinridge looked extremely pale when he stepped to the witness stand this morning. The first question which Judge Wilson asked him was whether he had ever been in Goldsborough, to which he replied that he had bfen in the little hamlet once to make a speech at a barbecue, which he thought was in 1SSÖ or in 1SS8. He did not remember the colored woman who opened the door at 1819 H-st. the day after he took luncheon there in April (as heretofore testified) nor having complimented her on the luncheon. "Did you not say that when you and Madeline went to keeping house you wanted her to come and cook for you?" "That is entirely fanciful. I never said anything of the sort to any colored woman." "Did she not say that she had been in service in that family a long time and did not want to leave?" "No such conversation could have occurred." Referring to the colonel's statement that he had made no protestations of love to Miss Pollard on the occasion of that momentous carriage ride, when reduction is alleged to have occurred. Mr. Wilson asked him when he had first begun to talk to her affeciiohately. 'o Manifestation of Love. "I never did make protestations of love. I talked to her kindly, encouragingly, when she was depressed; endeavored to get her to do something to make a place in th3 world for herself. I spoke solicitously to her particularly when I first learned that she was pregnant by me, having the interest in her which a man might for a young unmarried woman who had such circumstances in her life for which he felt that he was in a measure responsible, since their lives had become interwoven." "There were no expressions of affection?" "There were expressions of affectionate interest, but none such that could be construed into an intimation that our relations could be on a different basis than they were." "Then It was a sort of business Interest for her welfare." "Expressions of kindly interest." "Were they expressions which might be understood by her to be expressions of love?" Col. Breckinridge wished to draw the distinction carefully between expressions and demonstrations. He said there was nothing but perfect understanding on their part of their relations; that they went to houses of a certain character for a certain well understood purpose; they stayed there such a time as their pleasures or necessities demanded. "I took her in my arms and kissed her. There were all the accompaniments of such a relation, which was carried out not coldly or brutally." "There were no expressions of love on her part?" "I would not say that. She was at times very demonstrative, at times otherwise." "Your relations were those of lust rather than love?" "I would not say that, for we met often at times when physical intercourse was Impossible. She was a young woman of colloquial talents, sprightly and interesting." Another Distinction. Again Mr. Wilson led the colonel to repeat the distinction he drew between the injury to the young man and the destruction of a young woman from Illicit relations. "And do you think.'. he asked, "that a man is under obligations to prevent the destruction of a young woman?" "Most assuredly I do, and If he does

not he should be punished. I have had my punishment and am trying to take it without complaint." Mr. Wilson asked when the subject of marriage had been first mentioned between tnem, to which the colonel replied that it was in September of 1S92 when she first ioke of going to Berlin. He had told ber that for many reasons, among them being disparity in their ages, that since he knew what he did of her relations to Rhodes, and that as she had bled him three years and thrown him away like a spoiled orange, marriage between them was Impossible. "You held a contract as binding as hers to Rhodes?" "Much more binding." replied the colonel, referring to his marriage. Then Mr. Wilson got his affirmative answers to the questions that Miss Pollard had associated ,with the best families of Kentucky In the city, had lived in houses of the highest respectability and was a brilliant young woman. "Your relations were carefully concealed?" asked the attorney, "so that there were no impediments in this direction?" "We had endeavored to conceal them, but they were known to several people." Xo Proposal of Mnrrlnge. "There was never from you any proposal of marriage?" "Never, under any circumstances," most emphatically. "Then it was understood that you were to carry out the semblance of a marriage contract, which you both understood was never to be fulfilled?" "There was the semblance of a contract to be carried out before only one living person, and that person was Mrs.

Governor Blackburn." After more .fencing, the colonel stated that the contract before Mrs. Blackburn had been made to enable Miss Pollard to die out of his life and separate from Mrs. Blackburn. "And with a vlw to enabling her to die out of your life and Mrs. Blackburn's you took her to Mrs. Blackburn and said you would place her under Mrs. Blackburn's care?" "I did not. My recollection and the recollection of Mrs. Blackburn upon that point differ as to the meaning of my words." "And you went to Mrs. Blackburn again alone?" "I went to see her several times afterward." "And you caressed the plaintiff in her presence, as a part of that deception?" "I did not caress the plaintiff. I will explain that." "But what passed there was for the purpose of carrying out the deception?" "Indubitably." The Certificate Misleading. In further cross-examination Mr. Wilson brought out the fact that in tilling out the certificate of marriage of Mrs. Wing to Col. Breckinridge it was made to appear that that marriage was the colonel's second, whereas it was really his third; that he had asked Dr. Paxton not to make that marriage public, and that after his marriage with Mis. Wing he stopped with her at the hMl Togerean in New York, registering as William J. Campbell and wife. Od. Brecdnrldge ; could not recall that at that .ime he had sent certain telegrams to Mrs. Blackburn. Mr. Wilson then read the direct testimony of the colonel regarding the first Interview with Mrs. Blackburn, upon which the colonel commented that he had told the whoi truth about It. Then Mrs. Blackburn's testimony was read and Mr. Wilson asked him if It had occurred, to which the colonel replied that she had recollected it differently from the way he had said it; that she had construed his expressions of gratitude for what she had done in the past into requests for her protection in the future. "Do you deny this?" asked Mr. Wilson: "that you said ro Mrs. Blackburn, 'I lrtend to marry this young woman when a sufficient time has elapsed after the death of my wife ." " "My recollection Is that nothing was said about my wife at that interview. Mrs. Blackburn seems to have confused that with a subsequent interview." Denies Mrs. Blackburn' Statement. All of Mrs. Blackburn's statements being read to him categorically, th? colonel said that Mrs. Blackburn's recolj lection differed on all those points from his own. He denied that he had said that he was thirty-one years older than the plaintiff and was sure that he had not said that ehe supposed he was foolish to marry a woman so much younger than himself. He was sure that Mrs. Blackburn must have confused things said by the plaintiff about the matter with what he had said, and must have put into her own language her understanding of his statements "I have no recollection of that." he said of Mrs. Blackburn's recital that on his second visit he had said that he noticed she was much shocked by the announcement of his engagement. "I am sure I have no recollection of that." he said when confronted with Mrs. Blackburn's statement that he was giving a poor return for all the devotion of his wife. "I deny that that occurred in that way and in that connection," was the answer when Mr. Wilson pinned him down to a direct statement regarding his story to Mrs. Blackburn that, being a mart of honor, he had been obliged to propose marriage to Miss Pollard on discovering her feelings toward him. ' "Now Mrs. Blackburn says that she toli you you had an unusually high sense of honor In that connection. Do you deny that?" Mr. Wilson persisted. "I deny that I have any recollection of it having happened in that way." Col. Breckinridge's version of the conversations between himj?eif and Mrs. Blackburn regarding the trip to Europe differed radically from that lady's as did his memory of what she had said KNOWLEDGE Brings comfort and ircjrovement and tends to personal enjoyment when rightly used. The many, who live better than others and enjoy life more, with less expenditure, by more promptly ndaptinz the world's best products to the needs cf physical being, will attest the value to health of the pure liquid laxative principles embraced in the remedy, Syrup of Figs. Its excellence is due to its presenting in the form most acceptable and pleasant to the taste, the refreshing and truly beneficial properties of a perfect laxative ; effectually cleansing the system, dispelling colds, headaches and fevers and permanently curing constipation. It has piven satisfaction to millions and met with the approval of the medical profession, because it acts on the Kidneys, Liver and Dowels without weakening them and it is perfectly free from every objectionable substance. Syrup of Figs is for ale by all druggists in 50c and $1 bottles, but it is manufactured by the California Fig Syrup Co. only, whose nams b printed on every package, also the name, Syrup of Figs, and being well informed, tou will not accept any substitute if cflcred.

i

g Worry tells, sadly, on q woman's health and (3 beauty. q Beecham's

(Gmnea) PlUS OVa Box. (Tasteless) Q fortify the nerves and Ö Owill help to banish O Omany an anxiety. Q (5 Price S cents. about being obliged to withdraw her protection from Miss Pollard unless they were more discreet .In their conduct. Tried to Deceive Mian I'ollnrd. "That did not happ?n in that form and In that connection," he said, and his answC was substantially the same regarding his (Breckinridge's) requests that Mrs. Blackburn should go to New York with the plaintiff until they were married. "I was urging her so far as I could without exciting her suspicion to get the young woman out of town. I endeavored t,o leave the Impression on her mind always that we were engaged, if I may use such a word I was honestly endeavoring to carry out the contract with Miss Pollard to deceive her, and I do not blame Mrs. Blackburn for feeling a little acerbity." "Do you deny that?" Mr. Wilson demanded after reading Mrs. Blackburn's testimony regarding his description of the interest he felt in Miss Pollard and of the standing of her fandly. "I have- no recollection of that and my recollection is that it happened In a different way," was the final answer, and later the witness said: "Mrs. Blackburn puts her own construction on my words." in commenting on this part of his testimony. Reading to him the testimony of Mrs. Blackburn that he had told her that he had never paid the slightest attention I to Mrs. Wing,, but to have it repeated j that he was engaged to her would familiarize his family with the idea or his remarriage and when congress adjourned he was going to make arrangements for his marriage. Mr. Wilson asked for the witness' recollection on that point. "Part of that was never said by me according to my reconduction, and part of It was never said at all," was th answer. "ConerresR had already adjourned, so that shows that Mrs. Blackburn confuses these conversation?, although she honestly endeavors to repeat them." An Ciiiphnllc Denial. "Do you deny that you told Mrs. Blackburn you were not to marry Mrs. Wing?" "I do most emphatically deny that I ever said that. Mrs. Blackburn gets the different conversations commingled. I c?.nnot remember myself the exact words of conversations after a few weeks." The colonel was sure that Mrs. Rlackhurn had not told him that she had told Miss Pollard that if his attention to Mrs. Wing were as she had represented he was a villain. "I am sure Mrs. Blackburn did not use such an offensive word In her own parlor to a visitor. Mrs. Blackburn was a lady I have known for years and as a hostess she would not have said such a thing." Mr. Wilson endeavored to pin down the colonel to a denial of the statement that he had told Mrs. Blackburn he had no love for any other woman than Miss Pollard and finally secured the answer, "I am sure that no such conversation occurred." "You do not remember it?" said Mr. Wilson. "Well. I will say that T do not recollect that such a conversation happened." Regarding the scene when Miss Pollard had asked him to name the day. called him Willie and he had stroked her hand affectionately and he said: "No demonstrations before Mrs. Blackburn." He said such a scene did happen and it was a superb piece of acting. Further on in the crops-examination Mr. Wilson askd: "Don't you rememler that she spois to you regarding your relations with colored women?" "I never heard of that until she spoke of It on the stand." "Did you on any occasion visit the plaintiff at Mary McKondie's on Secondst. in this citv?" "No. I did not. I never did," with great emphasis. "In January, February or March, 1888?" "I never did. I know that that is the place the plaintiff and Dr. Parsons have located as the house where the child was born. I know there Is a woman of that name who will be called upon to swear that I was there. J know that certain persons have been sent there to train her as to what she will testify. I never was there. It is false." "You say certain persons have been there to train her. Has anyone been there In your behalf?" "I sent my son there because I had heard she was to be called to testify and that she had bien seen by another witness In this case regarding her testimony." " "Did you communicate with the plaintiff there by advertisements in the Evening Star, and did you arrange to have type-written letters prepared for your communication with her with some person in this city?" The colonel was strenuous in his denials. No such arrangement had been made by him or for Tiim to his knowledge, and such advertisement, if published would not convey any information to his mind. The Re-Direct Rxomlnntlon. With this reply Judge Wilson quietly returned the defendant to his own attorneys for re-direct examination. Mr. Butterworth drew out the colonel on the conversation between himself and Miss Pollard regarding their marriage. She had told him, he said, that she had no friends, that her only Intimate girl friend had gone insane, his wife was dead and there was nothing to prevent him from marrying her. He replied to this with some anger, and she had said that If he would change his tone she would retire from society, give up trying to go in society and be his mistress, take care of his room and do his type-writing. He had told her that under the circumstances she was the last person who could do his typewriting. She had insisted that she would not leave him, but would go wherever he went. Then they had walked together to a house on H-st.. which they had been accustomed to visit. His anger had cooled. He sat down. She sat on the floor with her arm on his knee and they talked far Into the night, she saying that she did not care If there was a scene there. He had told her that after their relations he could not marry her; that no man could be expected to marry a woman with whom he had had intercourse unless he had seduced her. "You know I have not seduced you." and Col. Breckinridge continued: "She urged me to marry her on account of those verj- relations. I said. 'I Can't afford to put Jim Rhodes's mistress at the head of my table. She threw up the window and said the would scream. Just then some one rapped at the door, said we were making a great deal of noise; that my voice was peculiar, and there was another member of congress In the house who might recognize it. (Laughter). Col. Breckinridge smiled and continued: "I did not care to know who he was." This narrative was objected to by Mr. Wilson, and Judge Bradley said he knew no reason for repeating it. The defense contended that the particular talk had not been given before, and Judge Bradley remarked that the substance of it

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had been, that several of the expressions were very familiar to him. Mr. Butterworth acknowledged that the matter was not good for the public, but that Mr. Wilson had enaeavored to prove that the defendant's course had been brutal toward the young woman, and It was due that he should be allowed to make explanations, but the matter was not pressed. The attorneys had no more witnesses on hand, the cross-examination having ended. Mr. Shelby said, somewhat unexpectedly, so they asked for an adjournment an hour earlier than usual. Mr. Wilson offered to occupy tha time with some of his witnesses for rebuttal, but the defense declined the offer and the judge said that he would conced" the request not to continue the case today, although it had already consumed more time than it should have done. Scored by the .lodge. "If the parties to the case would like to go out first they may do so and I will keep the crowd back." said Judge Bradley as the people began to stir from their seats. Accordingly Miss Pollard, with her attorneys, foliowed by the silver-haired Kentuckian and his legal forces, tiled through the little door between the judge and jury. Several men made a rush from their seats after them. Judpo Bradley's cheeks flushed and he rapped the desk fiercely. "Court has not adjourned." he shouted above the rustling; "take your seats there." Then pointing to one conspicuous of- j fender who was half away across the room with his hat on. he said sternly. "Take off your hat there and go back where you came from. Take your seats." As the men relapsed into their chairs the judge struck his deck again, declaring In the sternest tones: "This morbid curiosity which has been manifested since the beginning of this suit is perfectly disgusting. The court corridors have been crowded, the egress has been crowded and I understand that the sidewalks In front of the offices of the counsel have been crowded, showing a prurient eagerness to see the parties of this suit. They seem to forget that some one besides the parties to the suit are on trial here. The spectators have been on trial for th-ir decency and they have been found guilty of Indecent conduct. These men who come here day after day remind me of vultures sitting on a fence waiting for a sick horse to die." Turning to the nier he demanded: "Adjourn the court." and strode out. pushing his way through the halls and across the street in a crowd of several hundred men and women, waiting to catch a glimpse of Madeline rollard and Congressman Breckinridge. EVIDKSCK ALI, IV For the Defendant in the Breckinridge Trlnl. WASHINGTON, I. C, April 5. Judge Bradley's admonitions of the night before had the effect of reducing the attendance at the circuit court today to the thinnest audience yet gathered, and some of the men present wore a sheepish air. The defense made an unexpected move by calling Miss pollard to the stand and questioning her about the birth of her second child, which she said was born at noon on Feb. 3, 1SSS. "I only held it in my arms two hours, according to my promise to him," she began. t "Now, Miss Pollard." Mr. Butterworth began nervously warning Miss Pollard with great solicitude to confine herself to answering his question. Mr. Wilson also admonished her. The child had been taken to the Protestant foundling asylum on Four-teenth-st. In Washington, where she had visited it with Dr. Mary Tarsons once. She continued: "I gave it a little German name. I pinned a note on its clothing so they could name it. I was reading Carlyle and I named it from a character of his "Dletz Carlye,' a name as far as possible from that of Col. Breckinridge or my own." The second time she saw the child was on the third day of May at Wright's undertaking establishment, before it was buried. , When Mr. Butterworth asked how the funCral expenses had been paid, she said that Mrs. Parsons had looked after that; she supposed Col. Breckinridge had paid them, but .when Mrs. Parsons was recalled to the stand they could ask her. "That's all. Miss Pollard," said Mr. Butterworth, dismissing her and then he called for Dr. Mary Parsons, who was not forthcoming, however. Miss Pollard had been perfectly self-possesed while she was being questioned about her child and had spoken in a low, almost plaintive tone. "I,don't know much about those things, you know, Mr. Butterworth," she had said when he was asking her about the regulations of the foundling asylum. Some time was passed waiting for Dr. Parsons and when the Judge inquired the cause of the delay he was toll by Mr. Shelby that the defense wished to further cross-examine her about matter she had testified upon, for the plaintiff and which they had omitted to ask her about. The plaintiffs lawyers thought this was a rather unusual procedure, but were not disposed to press objections. Proved by the Record. Pending the arrival of Dr. Tarsons. a middle-aged lady with spectacles, who had been sitting in court, was called. She announced her name as Mrs. Liddie; ! said she was employed in the census bureau and in 1SS8 had been matron of the Washington foundling asylum on Fourteenth-st. The record of the asylum for that year being shown her; she identified the record of a child brought there by a large colored woman, which had a paper pinned on its clothing. A slip of paper, which she thought had i come on the clothing, was pasted in the book. The objection to the Introduction of the book was sustained without explanation. Exception was taken. At torney Shelby endeavored in other ways j to bring out the point he had aimed at, , but in each instance was defeated by objections of counsel for the plaintiff, sustained by the court. Finally, after a prolonged wrangling, the matron was permitted to testify that the child had been christened "Dowring." At this Miss Pollard' began to shed tears and re

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r 1 ü k ß rail I PI? 3 Cn Permanently VWULW Quickly. No Pain No Cutting No Operation No Blood Drawn No Loss ot Tima CURS GUARANTEED. 1 Call or write for circular. 1,200 Cured List Tear. Examination free. TKF. DR. J. A. CO RAIN COR CO 77' S. Illinois St.. rooms 1 to 6, Indianapolis, lnd TV refer by permission to Mr. Henry C"oburn. Mr. J. .. Walsh. Mr. It. J. Neeley. Mr. A. Hartman, and Mr. O. V.. Stockman, of Indianapolis; Mr. Adam Bond. Oaktown. Ind.. and 2.SX other cured cases. ceived the attentions of her attorneys The slip pasted in th asylum record was penned in a feminine. delicto hand, with the words: "Plas name my baby "Pietz Downing,' and beneath it in red ink. 'Died April IK. 1V " A question from Mr. ShelHy as to whether any other child had died ;: April. brought the reply: "T!i y die so fast and rapidly that I ciiiint keep track of them." The records, however, would show. tM witness said. Wli"ii Mr. Shelby ort-r-d to placo the record in evidence it v is ruled out. The defense :ttemp:-d to put I r. Mary Parson upon the tand. but upon Judge Bradley insisting that counsel for Bre.-kinrMge must understand that she was their own wltns called fof cross-examination the plan was abandoned and the witness dismissed. William B. Moore of the CiM iniiatl health office testified tii.il no f'.urn of h birth attended by Dr. Mary P-irsoti in February of 1SKS had been made. He testified and was not cross-examined. The Defence liest. Hfre the defense abruptly rested 'n cae. The first wifner-s .ull-l by t!r plaintiff's attorneys !n rci'Ut'al was 1 -r. William A. Cowan, a young man. who is superintendent of the w-stvr:i asylum In Pittsburg. He announce 1 hi:.isuf as the first cousin of Mi:'. Pollard on 1. r mother's side. As soon as Mr Carhsl-i asked w heth.-r the rdaiittlif had b, n a member of his family from is to Jnn-'i, Mr. Shelby objected. :ir:r u:ig thn: s-i'h testimony was not propv'.y rebuttal. He was reminded by Mr. Carlisle r,f ih.,; dc position of Mrs. Millar. Shingle-!-wor. a woman s-.dnii ttvlly f il'-faioe, who had testified thai -Mis-i l'oll.nd l..d lived in Kentucky in th" year 177 ai.d 1S7S and had committal certain improp.-r acts in her sigat. Mr. Wilson also enst reflections upon the cciunr tr of Mrs. Miller, declaring her deposition to be an infamous lie. In overruling the objection Judge Bradley remarked that "the defendant put n the stand cn infamous woman. I say infamous advisedly, from her own testimony." 'continuing, ihe judge referred to the testimony of Mrs. Miller as disgusting, referred to the fact, that Mrs. Miller had become a woman of the town at the age of fourteen and said the plaintiff should be oil.. wed to purp herself of the con'aminat'on vliich. would inevitably come from assooruicn with such a woman. He alo spoke of the contention of the defense that Miss Pollard could not disprove Ihe affidavit by the surest means, by showing that she was not at the place where the specific acts of immorality were siid to have been committed. Dr. Cowan testified that Miss Pollard had been a member of his family continuously from August. 1ST'., to ISM) and had attended school with his sisters most of the time. The cross-examination showed that he had made a trip West in 1S76 and another in IST, but he was certain that the plaintiff had not bfn away from Pittsburg at tho;e times. The testimony of Millie Shinglehower had been that Miss Pollard was living in 1S77 and '7S five miles from Lexington, Ky. Ml l'ollnrd' It -Int Ivo TestifyDuring the legal arguments which had preceded the testimony Miss Pollard, who had been engaged for half an hour in taking notes, left the court room. Another relative of the plaintiff, Charles Sawyer, testified that he had lived in the same house (Aunt Keene's, near Ixington) with Miss Pollard from 1SS0 to ls3. and that in all that time thr plaintiff had not been from home over night except for a period of ten days in when she was visiting at an untle's in Guthernburg. George Keene, another cousin, gave evidence of a like character. Mrs. McClelland Brown, wife of the former principal of the Weskyan seminary, bearing a. large book, took the stand and was about to refer to this volume, stating that it was the school record, when the defense objected, but Judge Bradley admitted the book, but finally Mrs. Brown's examination was limited to rebuttal of Rossel's testimony. Mrs. Brown then detailed the rules of the seminary as to gentlemen callers. She had seen Rossel at the seminary. Mr. Carlisle asked: "Was St possible rr a young man to hold a young lady in his lap there for an hour and a half in the evening?" Mr. Shelby shouted an objection, and it was sustained. Mrs. Brown went on to state that young ladies were not permitted to see a young rran alone at all and never to see him but once a week. "We had two young ladies that year who were engaged, but they were allowed to receive callers but once a week. The voung ladies received their visitors in public In the public rooms." An Opinion of Rhodes. When asked to tell what manner of man Mr. Rhodes was she said, impressively, as though delivering an oration: "A country gentleman ot honest face, of decent habit and "manner, of a pure atmosphere and language and revenentlal toward ladies. He was an admirer of Miss Pollard's Intellectual attainments, anxious for her best development." "Bright, but not deep," was the description she gave of Miss Pollard's mind on cross-examination. "You would hardly expect a school girl of that ape to be deep. - The victory the won waa

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