Indiana State Sentinel, Indianapolis, Marion County, 18 April 1894 — Page 2
Tl IK INDIANA STATE SENTINEL, WEDNESDAY -MORNING, APRIL 18, 1891-TWKLViS TAGES.
MADELINE WINS IT
"Verdict in the PollardBreckinridge Caso Awarding Plaintiff Damages for $15,000. VERY SENSATIONAL DAY, "With a Good. Prospect at One Time of a Duel Between Judge Wilson and Attorney Stoll. Urn Rat rrrnnrth rnn r Oil on h Troablrd AVater und the Principal Are Pacified One Lone Jnror Held Oat Rut Waa I'rrnnadrd MUi Pol- ; lard !oh on llearlnc the , Motion for a, w Triul. WASHINGTON'. April 11. The local Cemantl for oratory was largely satisfied today by the finish of Col. Phil Thompson s speech in the .Follard-Rreckinrid jte trial and th brpinnin? of a plea by Maj. Benjamin Kutterworth. another Px-in?ni-ter of cnnpres.. Althouph Maj. Rutterworth talked more than half of the day he progress eel no further than the lirtt relations between his client and Madeline Pollard back in lj. His whole argument was devoted to tho point that the young wmnan had not been tho pure end unsophisticated girl of seventeen when the silver-haired colonel met her that 'she had represented herself to be. It was a strong display of oratory. There was an interesting incident during the morning when Judge Bradley carried info execution the threat he made several time of clearing the room of spectators. Mr. Butterworth had been painting glowingly the virtues of his client, whose friendship he ha'd enjoyed for many years, and was declaring dramatically that no man to whom Benjamin Butterworth had been a friend in his pirvperity would be deserted by him in adversity, when several men broke into applause. The judge, immediately ordered all who were not members of the bar to leave the court room. Col. Tnil Thompson resumed his speech against Madeline Pollard when the circuit court met today. lie first commented on the improbability of the formal proposal of marriage from Col. Breckinridge to the plaintiff in the fall of 12, end declared her story was the act of a bawd, of a woman who felt that if she could not marry him she could disgrace him. In his vehement way the colonel pictured what must have beou the agony of the congressman with the plaintiff following him around and cornpolling him to tell Mrs. Blackburn that they were to be married. "She whs a walking arsenal," said the lawyer again. "Talk about Kentucky colonels and turning up coat tail here in this court house to see if there were pistols. Did you see the look on the woman's fare when she came into this co i. i. house? Why. I was afraid to git besde th colonel for fear a stray bullet might hit rue." Col Thompson closed with an appeal to the jury to return a verdint according to the law and testimony. Battrmorth Spent. Maj. Butterworth, whose mild manner is in srreat corn rast to that of his colleague, began his remarks by expressing gratification that this pestilence must soon be brought to an end. I'pon those wno were to blame for bringing it before the public, the burden must rest. There was no wrong to be righted hy 'this suit. Kven to save the lives of the two principals, the incorruptible judiciary of the country could not afford to deal with such a mass of contagion, nor should the hearthstones of the country have been invaded by it for any purpse. He could not use harsh langruage of Miss Pollard, but he would that some one had whispered into her ear the words of the master: "Go and Bin no more." Some people had been solicitious for fear his Butter-worth's friendship had been misplaced. He had known the defendant as statesman, soldier, father, husband and friend, "and you may speed t on the lightnings that to whom Ben Butterworth was a friend in the days of his prosperity, he will not turn his "back in adversity." This statement was followed by an outbreak of applause from the spectators. Spectator Ordered Oat. Judge Bradley leaned forward and rapped his desk. "Now you may clear the court room." tie said to the bailiff?. "We have had enough of outrages in this court room." No one stirred and then Judge Bradley Baid: "Every one who is not a member of the bar will leave the court room." Several men got up and started out, when one elderly spectator inquired: 'Does that apply to members of the bar from away. I am a lawyer from New York.' "I take it for granted that no attorney would disgrace a court by such demonstrations. All lawyers from outside the city are welcome here. But there are others sitting here that are not members of the bar to my knowledge." More men were ushered out by the bailiffs, but more than half of the spectators remained. Then Mr. Butterworth proceeded to review the childhood of Miss Pollard as described by herself. Mr. Butterworth eald he had himself as much at stake as the honored counsel for the plaintiff. He had a daughter and a wife. He couM not afford that justice should not 1 done. He was not there to extenuate the conduct of Col. Breckinridge; if he did he knew that the colonel would discharge him from the case. The country had be-n solicitous about a sixteen-year-old school-girl, but there was nn such person in the case. If she had been but sixteen why had not her mother ben called to prove it? If she had been but Flxteen she wa as much skilled in lovemaking as any woman he had ever known. The other side had talked about the fascination of a silver tongue. That was stale, MaJ. Butterworth said. He paid a tribute to the bravery of Col. Breckinridge and dclared that the Jury knew that such a man was not bad at heart. He was going on to describe how If Col. Breckinridge smiled people said he was a monster: if he looked grave they said he was shamming, but If Miss rollard laughs! they said. "Behold the smiles even thouah a veil of tears." The Jartae Interrupt. Then Judge Bradley interposed saying: "Mr. Butterworth. don't you think you had better C mfine yourself to he evidence in th- case. This Is 1 11 what 3ou have heard outsid and no con nection with the case." Not at all n:nplued the attorney iem2: "Of Moui5 2, at a judicial officer.
these things would not affect your honor, j
but I want to show what things influence men's minis. ' He then told the jury that the case was for recovery for a specific "et and a verdict for CoL Breckinridge would not moan that thev condemn Ids conduct. After this he spent an hour reading Miss l'ollard s early letters anil d'scussing the testimony to snow that when sv.e met the Kentucky congressman s!.e v.;is not the unsophi.s-"eifd country girl j-i,e had represented hersei' to be. Incidentally. .Mr. Butte rwcrlh p.'iid a tribute to Mary Anderson as a Kentucky girl who under the most adverse circumstances had acquired the greatest prominence. Mndol'iv Pollard. lie sail. had. twined her hands about a. star and was trying t pull u dwn, the pta.- being W. C. P. nr?r!inrii!5". What ha J taken place between them had recurred many times before and would many times again, although it was to be regretted. Either that pivotal letter (the letter Miss l'ollard alleges is a foi;,ery) had been writu-i: by Madeline Pollard, or W. C. I. Breckinridge, the worthy successor of Ihr Clays, the Beck:-, the Blackburns, save for one lpse. was a forgery. The chilling atmosph-rc which surrounds a pure woman was painted with apostrophos to mother.-, srsters. sweethearts and wives, and then tho oct urrenees in that lirst carnage ride were rehearsed. The instinct of a virtuous woman would have led her to say: "Get out. you leper," Mr. Butterworth shouted, rushinjr down the aisle toward his client fiercely. Rut no she had arranged to mee? him the next day. He pounded one of the jurors o:i th? knee, as he reproduced with mixd metaphor the stil small voive crying loudly in the name of her mother, to shrink biok from this man. The next day the colonel had taken her ij 'an assignation house. "Think of it." the lawyer shouted. "I haw thought of it." Judge Wilson remarket to him. Then Mr. Butterworth slapped three jurors on the knee in succession as h" rehearsed Miss J'ollaid's description of the colonel's flattery. "You leper." he shouted to the eolonei. "why did not she 11 y away and leave you?" He told how Miss Pollord. after resisting the colonel in the carriage and the Cincinnati assignation house, had felt ready to ta.kle him again at Sarah Guess's to travel ninety miles with him to resist him. She did not want to marry hini. She knew of his wife and children. She knew that it would ruin her and might ruin him and his daughters. Mr. Butterworth said that he was willing to give Miss pollard credit for being a great genius in certain lines, but the hardest part of her story to believe was that part of it which stated that in that half hour alone in the hovel of Sarah Guess, while the defendant had gone h me to his dinner, she had thought over the whole matter, had given tip life, honor, friends and future and had decided to enter into Col. Breckinridge's life. And Mr. Wilson would tell that to the jury as though he believed it. The speaker told some funny stories about his boyish escapades, and went on to compare the pltintift to Delilth. who had g"t her hand in the hair of a Sampson and then had been willing to pull down the temple over herself to accomplish his ruin. Turrher on he declared tint there was no memento of all those years of alleged affeotion, save that little willow basket so lately handled by the fingers of his dfad wife, brought into the ease for no other purpose than to mrike his fault seem more abhorrent. W. C. P. Breckinridge had never given to his mistress the possessions of his wife before her grave clothes crumbled. "I can forgive him for anything else," said the lawyer to'the jury, "but that he talked to his mistress of his dead wife. Kverybody in Washington knew what a happy h me he had in spite of those faults, which his family knew. Such were the chn 'gos (meaning the reference to Col. Breckinridge's dead wife) brought by this woman who had forgotten her own cliildien after they had been laid in her arms. The only way to make a woman forget her children was to take thm away from her. After she had once cl::sped them in her arms, she would follow them through the gates of hell. Mi. Butterworth asked the court fer an adjournment shortly before 4 o'clock, as he was greatly exhausted. Judge Bradley acceded to the request, and remarking that he hid not had a large crowd outside the door, suggested that Col. Breckinridge might go out before the spectators, which the colonel scorned glad to do. WASHINGTON", April 12. The defense of Col. Breckinridge which Gen. Butterworth made today is conceded even by his opponents to have been one of the greatest speeches ever made in a Washington court. It was effective as a masterpiece of oratory and was made such largely by the winning personality of the orator. Mr. Butterworth was persuasive, was dramatic, was friendly, conciliatory and artful. For nearly nine hours Maj. Butterworth carried the speaking part in the great case. He conjured by the name of mother, the fireside and American womanhood most effectively, making it appear that all of these forces were enlisted on the side of his client. Through all the speaking the white-haired member of congress from Kentucky sat facing the jury, much of the time with his face shaded by his hand, and cccasionally nodding assent to the points scored by the speaker. The slender plaintiff has heard none of the denunciation of herself, and her attorneys have sat smiling throughout the onset of the opposition. Judge Jere Wilson will commence tomorrow his argument fe.r the plaintiff and will consume the greater part of two days. Maj. Butterworth had the floor again when the Pollard-Brecklnridge case was resumed today. He began with consideration of Miss Pollard's letters to James Rhodes, which he said were the Hille May Bentley Born a Genius Disease Threatens to Cut Short a Nobia Career But Hood's Sarsaparilla Restores Cood Health. Llllie May Bentley is an acorcpllshed elocutionist and natural horn speaker of only 12 years of age. She is the only child temperance lecturer before the public. Her genius, however, did not exempt her from an attack of a disease of the Mood. Her own words best tell the story; " C. I. Hood tt Co., Lowell, Mass. : " I heartily Join with the many thousands that are recommending Hood s Sarsaparilla. I had been troubled from Infancy Ith RJitlierlngs in th" head. 1 was compelled to leave school upon the doctor's advice, lie thought it was theoulr thing to save my life, but I Continued to Crow Worse. I was persuaded finally by a friend to try Hood's Sarsaparilla. The nse of one hottl acied efHood's5" Cures fecti vely upon tha blood and I began to Improve. After the use of thre bottles the gathering eessed and I am cured of my former tronhlr. I owe my life and will always remain a true friend to Hood's Sarsaparilla." Lii.lik Mat Hf.nt.ft. frhelbyvllle. Indiana. Get HOOD'S. Hood's Pills act easily, yet promptly and CciccUy, oa the liver axul Lov-xli.
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To purify, enrich and vitalize the blood, and thereby invigorate the liver and digestive organs, brace up the nerves, and put the system in order generally, "Golden Medical Discovery " has no equal DYSPEPSIA IN ITS WORST FORM. Zrvim Dieterlt, Esq.. of Gett ythurgh. Pa
writes: uniy tnose who have had dyspepsia In its worst forms know what it really can be. What such a case needs I have found in your kindly encouragement, and your Golden Medical Discovery.' Although I can now claim, if any one can, that 1 lavf a cast Iron Stomach. I always keen your 'Golden Medical Discovery' and tho ' Pellets on hand when settling down from an actii'A siimmer'a vnention. E. DIETERLT, ESQ. to quict gtudent life. I heartily recommend these medicines to every one whose Buffering is of the nature that mine was." Sold everywhere. fuundHtlon of the case. lie did not care anything about the top, he said, if thero were no foundation for it to rest upon. After reading some of those letters at length he came to the cns which were dated in New Orleans and which she had raid were written in Cincinnati and sent to her mother to mall to Khodes. He laid great stress on these transactions, declaring that there was a great mystery surrounding the letters and exclaimed: "There is one human being alive and well who could dear up the mystery of these letters; that is the mother who gave birth to this woman, and she is not called. That woman is alive and well in Kentucky and she is not called. They may ask why we did not call her,, but wc do not go into the enemy's camp fur soldiers and ammunition." He dealt particularly on Miss I'otlard's demands for money from Ithodes, and when he came to an allusion in one of the letters to her great enjoyment at reading Washington Irving. Mr. Wilson said: "(Jive me that Washington Irving letter, please." In addition to reading the letters Mr. Butterworth consumed much, time threshing over the testimony of Miss Pollard from the record and pointing out a few discrepancies un minor points. He commented sharply upon the failure of the sisters at Norwood convent to identify Miss pollard, the. failure to discover that any such person as L,ouise Wilson had ever leeii there and the information that Mr. Burgoyne had been in tho place years after Miss Pollard claimed to have been there. That C'ltristmun Curd. In talking about the finding of the Christmas card in the book he acquitted Attorney Carlisle of the suspicion of having been implicated in any chicanery. He pointed out, however, to show the fallibility of human testimony that Mr. Carlisle had sworn that nothing had been said about the card until he found it while Mr. Johnson, his colleague, had said that Miss Pollard suggested that it was in the book before it was found. There was a little passage between the speaker and Mr. Wilson when the forn-r expressed doubt whether the books had ever belonged to Miss Bollard. Wilson suggested that since Mr. Butterworth would not have a chance to reply to him he might answer a question which would bo asked why Miss Hoyt and Miss Ketehein had not been given a chance to identify the books. This Mr. Butterworth answered after the Yankee fashinn by another ciuestion, namely, why Miss rollard had not described the books before they were unsealed, and why Miss Pollard had not gone before the sisters for identification when she was within the tinkling of a bell. She was not there and neither was Breckinridge. "Breckinridge did not claim to have been confined there," was the reply, and this sally drew a laugh which pnnoked Judge Bradley to clear the court room. The attorneys for the other side would claim, Mr. Butterworth resumed, that the woman was dominated by a stronger aim. "They say that she was a moral potentiality; a pawn on a moral chess board." According to Miss Lowell, the capitol typewriter and to Miss Pollard herself, Col. Breckinridge had endeavored to conceal his letters to her In VSSt; by first writing; th?m in Ms own hand, taking them to a woman to copy on house of representative paper, and then signing his name to them in lead pencil. When no-n came Mr. Butterworth was just working up to the coming of Madeline Pollard to Washington. She had testified that Col. Breckinridge insisted upon her coming. "Oh. they will say that he did it." exclaimed the lawyer, dramatically. "That is a cowardly surrender of womanly qualities, a base betrayal of womanly courage to say, that he did it." Col. llreckinrldxe Interrupt. Soon afterward, as the lawyer was speaking of the child born in Washington, Col. Breckinridge leaned forward over the table and corrected him. "You are mistaken," the colonel said. "I did not know she had a living child until Miss l'ollard testified. I had heard she had a miscarriage." Then Mr. Butterworth portrayed the opportunities to elevate herself here in Washington, which Miss Bollard had before her, if she had only been, minded to embrace them; how she shoiild have shrunk from continuing a life of shame with a man with wife and family. Mr. Butterworth argued that a verdict against his client in this case would be only a lligrant instance of vicarious punishment. He drew a picture of Col. Breckinridge "crouching helpless at the woman's feet" and went on to say how horribly revolting was her story that he could meet his mistress before the mould had gathered on the graveclothes of his buried wife, and that he had taken her to a bawdy house for two hours to convey to her the tender message that she was to follow in the footsteps of that wife. It implied that a woman of corrupt life from choice, who had doubtful relations with Rhodes, who had illegitimate children at sundry and divers places and miscarriages at others, was to sit at his table in a union that was the acme of all that was unholy and contemptible. That woman, who had lived ten years without earning a cent as the mistress of his life, wanted money and nothing else. Mr. Butterworth firmly believed that the woman knew of that secret marriage in New York on the 23th of April. Col. Breckinridge was too busy a man to indulge in the constant association which Miss Pollard had described. He said Mrs. Blackburn had. been imposed upon and in her natural indignation had confused the thinsrs said to her. The lying which both plaintiff and defendant had been guilty of in thi3 connection was justified and sanctified, because it was to rescue a home, to rescue a woman, to open to her a better life. Proceeding to the second scene in the office of the chief of police on the 17th, the attorney declared that if the statement of Col. Breckinridge to the chief that he had not seduced the woman, that he had taken liberties with her the first night and slept with her the second, had not been true, she would have instantly resented it. The Defendant's Letters. The letters which Col. Breckinridge had written to Miss Pollard after the alleged engagement in were produced by Mr. Butterworth and afforded considerable fun, th colonel himself laughing heartily. Mr. Butterworth was unable to decipher them and declared that a man who wrote such a. hand should be punished. Attorney Stoll tackled them with the same fruitless result. Col. Breckinridge had two or three times suggested "better let me read them." and was finally permitted to do so. He rose, facing the jury, and re-read the epistles in his effective, mellow tones. Beginning at his conclusion. Mr. Butterworth told th2 jury that Inherent
probabilities arising from the course of human nature were to be considered more deeply than the statements of witnesses. The question was not whether William C. P. Breckinridge had violated any ordinance, human or divine, had been guilty of moral turpitude, conduct which brings upon him condemnation, but whether those two parties had agreed that he was to become her husband and she. his wife. To awaken horror before the public there had been a tale that Col. Breckinridee had led astray a guiltless girl and had led her down the path of nine years of immorality to a marriage contract ruthlessly violated. The Jury was to determine whether there had been any such guiltless little girl, whether she had not been a. mature mid knowing woman. He denied that the woman came to court to redress a pre at wrong. o wrong could be redressed in that way. - Nor had she. wanted the lalm of money, for she has said there was none. What of (lie Motive f Her motive did not rise to the quality of revenge, nor even of hate, but sent abroad to every home a leaven she knew to be vile, the influence of which was measureless. "For what motive does the desperate woman walk on any Stage, ghe deliberately turned from everything that man or woman could desire and proclaimed her shame. This is a vestibule of a wider stage upon which she desires to enter. It is the right of any individual to corrupt public morals by tho exeuse of seekintr reparation for wrcng. What Is there of reparation for wrong but to go home to her mother's fireside, to Him alone who can grant leparation for a wrcng?" Her early life was not what it should have been, he continued, but was what her lettei-s showed her to be. It would be said: "You, Mr. Butterworth, are defending sin. But no; I have a little family of my own. one son who had to fipht the battle of life against fearful odds." No, he was defending; th standard of womanhood, the virtue of city and of country girls. Xo man could "say that seduction was possible under the circumstances which had been portrayed here. He protested against such a standard being raised for virtue. As for his client, no one knew through what mire that man had been dragged, and stich was the penalty of sin. He did not want the jury carried away by tho whisper floating in the air that a verdict for the defendant would be ratification of his sin. He asked them also not to commend a woman who had borne herself as this plaintiff had. not to elevate her for the degradation of him. Such a verdict would mean to the girls that virtue was but a cloak to be thrown off or put on. American womanhood should be vindicated by the standard to which wives and mothers must bo held. At 3:10 o'clock Maj. Butterworth finished. There was some consultation among the attorneys and then Mr. Wilson, stating that h was hoarse, asked the court o adjourn, so the crowd dispersed and several gentlemen pressed forward to congratulate the lawyer. WASHINGTON. April M. The great speech of Maj. Butterworth in the Pol-lard-Breckini idge case was surpassed today by the great argument of Judge Jere Wilson, who began the final summary for the plaintiff. He disclaimed all attention to deal in oratory and yet iiewas able to use oratory of the most effective kind. "The defense of Adm." was what he called Col. Breckir!ge's iosition, and to the credit of huniiity. he said, Adam had always been deemed a coward and a craven. He did not attempt to assert that his client was free from fault, but that just as far as she had strayed from the path of womanly virtue she had been led by the man. Ön two or three important points he drew logical deductions from the evidence, which surprised even the lawyers. He has a long right arm tipped with an accusing index finger which serves to drive his deductions home. The l-ng, bony forefinger was several times levelled in denunciation at Col. Breckinridge, which made the Kentucky orator shift uneasily in his chair. It was a terrible arraignment to whi- h he was subjected and he would have been semething less than human had he not shown the effect of it as he did. Judge Wilson will continue for an indefinite time tomorrow and then Judge Bradley will deliver his charge to the jury, and the trial will be ended when a verdict is announced. A Laricr Audience. Judpe Jere M. Wilson was complimented today by the presence of a large audience of his colleagues of the legal profession and oi members of congress to hear his reply to the attacks of Col. Phil Thompson upon his client and the eloquent appeal of Maj. Butterworth. Mr. Wilson's voice was low and impressive as he told the jury that it was his duty to reply to all the defendant had said as a witness and through his counsel. A startling thing had been urged on his behalf, viz.: that this case with all its revelations should not have been brought. "lie thinks," began the attorney, "speaking through counsel that this case never should have been brought, that It is spreading pollution through the-country: and I do not wonder. I am sorry that my friend, Ben Butterworth, is not here. lie has said that we are to blame for spreading this pollution through this country. If what this defendant has confessed on the stand be true is it possible that such things are not to be redressed? Is it possible that in the sunlight of our civilization there Is no redress? You can not tie a mill-stone around his neck and sink him in the sea for the fishes to feed upon him; you cannot shut him in a cage and double lock it tD keep him from polluting the women of the country; you cannot do that, but you can secure the redress that the laws of the land have provided." Maj. Butterworth had spoken of the revulsion of feeling abroad against this case. But he had forgotten that in Great Britain, when such things became a stench in the Anglo-Saxon nostrils, peers and nobles had had their black skeletons dragged from closets and had been condemned, had leen banished aye bright stars, as had been, said, had been dragged from the firmament. Assumes the Responsibility. "Even if this were the first case," thundered Mr. Wilson, "I would be proud of my part in condemning such conduct. My friend Carlisle and I take this responsibility, and we take it willingly, even proudly. I suppose my friend Butterworth would say that if the third count in this indictment be true he would banish the woman and send the man to congress. I stand here for a higher womanhood. I stand here to demand the same standard from woman
w
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and man. I stand apair.st such sentiments as this defendant has uttered, that such baseness injures the man, but destroys the woman. Would the jury say that this defendant was to be admitted to their parlors and the outer gates locked and barred against the woman?" It had pleased Mr. Butterworth to declaim pyrotechnically that the womanhood of the land was arrayed in behalf of the defendant. No, a thousand times no. He had said that tho girls of the country did not need chaperons and he (Mr. Wilson) had expected to hear it said that gray-haired men of forty-seven need body guards. , . Here Mr. Wilson produced a sheet of letter paper and said that he could imagrine tho mothers of tho land sitting up writing such letters as the imaRinary one he would read. Of course it was simply imaginary, he said, but every one cnnirt soe trie feminine handwriting as the judge held it up and every one knew that it was one letter from the correspondence he has received during the trial, it was in-part as follows: "Plead for the dear young girls. I caiinot but feel how urgent it is for every one to watch and pray for them constantly. I was left in the world younp to care for myself and, I can remember how men have tried to rob me of all tha.t was worth living for. I have lived a pure life because I early took the Lord for my guide, and if I had not clunp close to Him the way would have been very hard." rtrpllea o Thompson. Mr. Wilson said that the Jury had heard a most remarkable argument from one of the defendant's chesen friends. Col. Thil Thompson. It was, in substance, that as all men were bad, as that all men were laying snares, why should the defendant be condemned? He was no worse than the rest. Solomon and David had been held up as parallels of the defendant. It had been said that David was a man of great education; he may not have practiced law all his life, but h? had been educated in -the best schools of his land, he had a silvery tongue, he was a man of passion, but Israel, had come from his loins, and he had not been condemned, and therefore why should the defendant be condemned? One story had been overlooked in his biblical researches. That was the story of Tamir, who was a count iy girl, and of Amnion, who was h man of passion. That episode had ended in a tragedy. There were no juries in those days, but since then the Prince of Peace had come. There were methods of peace and juries provided, and those methods were being followed by the plaintiff. But when juries failed to do their duty more violent methods were resorted to by outraged people, the first old barbarous methods. A Tribute to Woman. There were Fotne things which showed the character of the defendant in this suit, and Mr. Wilson spoke of- the high character of Mrs. Blackburn and of how Col. Thompson had slurred her. He next referred to the flings of Col. Thompson at the female doctors. There had been a time when women were merely the drudges of men, but they were fast working to the front and the higher they came the better for the world. Mr. Wilson said that the denunciation of the plaintiff as a woman of bad character lKirdered upon the ludicrous when it was recollected that what she was was due to the defendant. Adam's poor plea, after the fall, had not saved him from being through all ages a man of bad repute. There wa.s a slight clash when Mr. Wilson assertojl that the colonel had taken Miss Pollard from the house of Mrs. Thomas to visit his Kentucky friends. At this statement the heads of the Breckinridge contingent began to shake in negation. "If ihere is to be any shaking of heads over this," said Mr. Wilson. "I will call your attention to the testimony of Mr. Franc-Is and will remind you that when I asked the defendant about it he did not deny it." HrcoUInrilsr llrenka In. "Oh, but I did deny it." spoke tip the defendant and his counsel seconded him. Thereupon Judge Bradley rapped with his pencil on the desk saying: "If there is any correction to be made here it should be made by counsel." "Then I withdraw it all. I don't care a snap about it," said Mr. Wilson, mistaking the indention of the judge. "I referred to the correction by Mr. Breckinridge." the court explained. Mr. Breckinridge leaned forward and inquired: "Does your honor say that I cannot correct errors?" "You are represented by counsel whose, duty it isto do that," responded the judge. "But it is my constitutional right to represent myself," protested the defendant. "Does your honor rule on that?" Judge Bradley kept on writing and made no response. Mr. Wilson held that the secret marriage was no defense against the promises made after it; the set-ret marriage constituted in itself a breach of the contract. Had the scene in Maj. Moore's office occurred in the state of New York it would have made the plaintiff the wife of the defendant. Mr. Wilson commented on the circumstances that no witnesses had been brought from Kentucky to testify regarding the general character of Col. Breckinridge as a man who kept his contracts and was chaste. On the other hand everyone from Kentucky or Washington who had been asked concerning the character of Madeline Pollard had said that she was a woman, from girlhood, of the greatest refinement, of the best associates and apparently the highest character. It had been said in defense that this bright, scintillating, effverscent defendant could not afford to associate with a character surrounded by such atmosphere. Three innocent school-girl lettters, written in confidence of youthful friendship, had been raked up. Ben Butterworth had read them, had pointed to a word here and there and had said there was something of mystery about them. Mr. Wilson did not know how those letters had been procured by the defense; it might have been by trickery, but If Owen Robertson had given them up knowing the use to which they were to be put "he is a whelp," Mr. Wilson declared. Mr. AYilnon Apologises. After .the noon recess Mr. Wilson averred that he wished to apologize for what he had said about Owen Robertson because that person had made a deposition for the defense which had not been read to the jury. Attorney Still interposed that it had been road and then, striking the paper on the desk, Mr. Wilson replied: "If you say it has been read, then I will read it." and proceeded to quote from Robertson's testimony that when these letters had been-written he had not been old enough to judge of Madeline Pollard's character as It concerned her relations with men. The deposition of Mollie Shlnglebauer was considered next and in that connection Mr. Wilson charged that the defense had resorted to deliberate perjury. It was known that Madeline Pollard was in Pittsburg all the time that the Shriglebauer woman had testified she knew her. The repentent Shlnglebauer woman, as she had been called, had not talked of Madeline l'ollard. however. but of "Mamie" Pollard, and it was in evidence that the plaintiff had a sister nanjed. Mamie, a respectable woman, older than herself, and married to a methodist clergyman. In this connection Mr. Wilson developed a new point which seemed to impress the audience, and he. went on to say that Mollie Shlnglebauer had been principally called to prove that In 18S7 Madeline Pollard had been a mature
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made woman, and it was conceded that Mamie Pollard, of whom she spoke, was matured then. Concerning the engagement of Woods, he declared that there was no hint even of impropriety in those relations. The nil od on Matlrr. The relations of Madeline Pollard and Rhodes were discussed next, and Mr. Wilson emphasied the fart that there was no testimony hut that of the demendant to the effect that the dead man, who could not speak for himself, had sustained improper relations with the plaintiff. Khodes, however, was a man who. unlike the defendant, kept his letters. Those letters had been raked up and throughout them was no sentence to hint of improper relations between the parties to the correspondence. The defense, however, accused the dead man of even greater perfidy than was charged against the defendant. Discussing the testimony of Hiram Kauffman and John Brandt the speaker said that some good wader had waded through the filth of the back alleys of Lexington to bring forth these known Perjurers, which had a greater significance, becaur-e it showed the character of the defense. Mr. Wilson went on to speak of the testimony of Rankin Rosselte. He might, he said, have passed by that testimony as did a famous lawyer who handled "a most unique liar." by simply dismissing him with "may God have mercy on your soul." He then characterized Rossell's testimony as "a black, a damnable lie; a lie nailed to the counter to be written in letters of deepest black against this defense." Scoring nreekinriilge. Then Mr. Wilson proceeded to attack the credibility of the defendant fiercely. "He has been ecrtttlly guilty with my client," declared the lawyer; "even more so, for he had taken a solemn vow to heaven and she had not. He had broken that vow by his own confession before he ever met Madeline Pollard. He has admitted that he knew Sarah Guess, knew the character of her house and had been there before he went with Madeline Pollard. He has lived a lie fer ten years; his life has been that of faithlessness to the most sacred obligations cf lifo. He has lived a life of duplicity, of hypocrisy such as you can't coin words to express the length and breadth of. He tells you that he went to Mrs. Blackburn intentionally to deceive her; he tells you that he went to Moore to tell him a lie. When he attempts to blacken the character of my client I want to measure his testimony by the rules of law. How do you know that ho is not telling this story to deceive you? The probability is that he is doing it. for he is now in the toils; he is brought to bay, and in his extremity he asks you to believe such a story on his unsupported word this man. steeped and soaked in depravity and original sin. I want the world to know that whatever of slime is on her comes from' this defendant. It is the trail of the serpent over her life. I wish all the mothers of the land could see this woman in her true light. They would open their hearts to this woman, their sympathies would swell up for her. She would be, if not excused, understood as not being the seducer of this unprotected man. but as injured by his machinations." Mr. Wilson expressed a wish that he had the tongue of the defendant, or his learned counsel, that he might proierly pay tribute to the noble sister from the house of refuge, where Madeline Pollard was sheltered, who had supported her through her ordeal and with an application by Sister Kllis of the scriptural promise: "In my Father's house are many mansions." WASHINGTON. April 14. Foreman Charles R. Cole of the circuit court jury at 4:15 o'clock this afternoon announced a verdict for the plaintiff, Madeline Pollard, for $15.000 damages from Congressman W. C. P. Breckinridge for breaking his contract to marry her, thus ending the long and exciting Brr ckinridge-Pol-lard breach of promise trial. Sensations had fairly crowded irtfo the last day of the trial: there had been some of the most dramatic scenes which ever stirred the dingy little court room, reeking as it was with the memories of celebrated cases; there was an approach to a personal collision between Judge Wilson and Attorney Charles 11. Stoll, during the magnificent closing argument of the Washington lawyer, followed by talk of a duel, and Jiftlge Bradley, in his charge to the jury, scored Col. Thil Thompson. The jury retired at 3:07 p. m. The first ballot was taken upon the merits of the case, leaving out of consideration the question of the amount of damages. It resulted in eleven votes for a verdict in favor of the plaintiff and one vote for the defendant. Thereupon the dissenting gentleman was, figuratively speaking, cornered by his colleagues and for some time was argued with. In speaking of this discussion afterward Foreman Cole said that the jurymen displayed fully as great a familiarity with the points of the testimony as had been evidenced by the lawyers in their arguments. They laid the case fulfy before" the obdurate juryman, called for the grounds on which his belief was based and were finally able to overcome him by sheer force of logic. The next question to be settled was the figure at which the damages should be rated, and upon this matter there was the widest iossible difference. Two or three jurors thought the full amount sued for, $.V),000. should be awarded. Fore-man Cole said that a verdict of $1 would vindicate Miss l'ollard and punish Mr. Breckinridge sufficiently, and he thought it was unnecessary to impose any great financial punishment upon him. Ilonchlng Hie Verdict. Discussion of this matter followed, until the usual course was adopted, each juror writing the amount he considered Just upon a slip of paper, and a balance being struck. The amounts ranged from Jl to $50.000, and $1.",000 was the average. Just before the final vote. Judge Bradley had sent a messenger to inquire if there was any probability that a verdict would 'be agreed upon soon. Receiving the reply that the Jury was about to conclude its deliberations, he entered the court room. His entrance of course was the signal for a gathering of the crowd. Not a woman's face was seen in the court. The room fairly bristled with blue-coated bailiffs for rumors of impending trouble had floated about all day. and there were several detectives in the crowd. The hands of
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ERIE MFPlP.ftl nn. the cWk stood at when the jurors, in single file entered. Almost at this moment from the cute door at the judge's left was thrust the silvery had of Congressman Breckinridge, surveying the room for an instant before he entered. Following him came his son. Desha, and Col. Phil Thompson. No one beiiij? present to represent the plaintiff a bailiff was dispatched across the street, and in five minutes Mr. Calderon Carlisle arrived. Then Judge Bradley stretched out his hand warningly to say: "When the verdict is announced, for I am informed that a verdict has been acreed upon, there must be no demonstration cither of approval or disapproval." The clerk called the roll of the Jury, then grumbled loudly an Interrogatory, which being int-rpreted wa: "Gentlemen of the jury: Have 3-ou agreed upon your verdict?" "We have." lesponded Foreman Cole. "We find for the plaintiff." An inarticulate murmur started which the bailiffs quickly hushed. It was merely a mixture of jvocal sound and crowding which expressed no particular sentiment, except surprise. Following this an awkward pause. Finally the judge asked: "For how much?" "Fifteen thousand dollars." announced the foreman of the jury. Another rustl? like the first arose was speedily hushed. One man near a window shouted to th crowd outside; "Fifteen thousand dollars," but he was not reprimanded. Stove for ft "otv Trinl. Col. Breckinridge rose slowly to his feet. All those who saw his face say it was neail as white as his beard, but his voice was clear as usual when he spoke, in a hesitating way, saying: "I do not know the practice of this court, but I wish to give the usual notice of a motion for a new trial." Nobody waited to hear the formal adjournment. The Jurors tiled out. Col. Breckinridge pulled his slouch hat over his eyes and followed after them with his son In his wake elbowing his way across the hall to the marshal's office. The jurors were just ahead of him in the outer office and he pressed his thumb to the green door lefore the privat door. There was no handshaking in congratulation or sympathy between the colonel and any one else, ms Pollard was not in the court room and her attorneys reported that she- did not care to say anything about the verdict. When a messenger reached her room with the news sne exclaimed: "Oh. isn't it good; isn't it good," and then burst into sobs. Maj. Buterworth said: "I don't care ! to say anything." and walked dejected ly away toward his oflice. There the . present Mrs. Breckinridge was awaiting events. There is no reason to believe the rumor that she is about to apply for a dhoroe. Maj. Butterworth characterizes the story as wholly without formation. The case, he said later in the evening, would le fought to a finish along every available and proper line. That Miss Pollard will not be financially bettered by the result of her case is probable, because it is well understood and has been said on trial, that Col. Breckinridge has no property. He has lived up to his income for years, and. although his wife has money, it does not seem likel that she will care to expend it to satisfy this judgment. Judge Jere Wilson was again the central figure in what is doubtless the final day of the Pollard-Breckinridge case. Although he promised to curtail hi speech as much as he could consistently with the rights f his client, it was apparent from the detail with which he entered into the discussion that he would consume half the day. Madeline Pollard, the plaintiff, was not in the court, but the Breckinridge's, father and son, were in their usual places, but attended by none of the lawyers except Mr. Stoll of Kentucky. Judge Wilson started his speech Avith great earnestness. I'ntenng upon a discussion of the testimony of Col. Breckinridge Mr. Wilson started with a proposition that the' plaintiff and defendant took the stand upon equal terms. The same credibility attaches to the testimony of each where it stood alone, but there was one vital difference, namely, that the statements of Madeline Pollard were rupported by other nvst credible witness, while Col. Breckinridge must ask that his word stand uncorroborated. Miss Pollard was sustained by Mrs. Blackburn, by Mary Yancey, by Francis and by Mrs. Ixweii. Col. Breckinridge was -ontradicte.1 by Sarah Guess, and it would be shown that her testimony was infinitely more credible than his. Sarah had testified that he came to her begging her not to tell what she knew of the case. In dlscussins: the tetiroony of Mrs. . Lowell Mr. Wilsen pointed out that CoL
