Evening star. [volume] (Washington, D.C.) 1854-1972, 1871-12-27

Ooleenon was made ar d sustained, and An
Mr.. Riddle offered f. ?, nrove nv other witnesses
nat 4 her conduct IS that of a lady; that she
t1shdea 20 tne seiness properly, sc.
ne CouiI o ,erruled this offer.
ne Pc" -dff closed, and after some time |
Pen. W -Ae defendants counsel in consulting |
''er ayers, a series were offered.
:. JUDGE MAC ARTHUR,
Ter some discussion by counsel, said the con-
tract provides for but one method to terminate
it-thirty days notice. III Lyon served the no.
tice on the 18th of July, the contract would hive
terminated on the 18th of August, il notnias
INTERVIEWED; and 1t must be left TO the jury AZ to
the effect of the subsequent arrangements III
the notice was to be Withdrawn on the condition
that plaintiff would leave at the exriration of a
week, It was to be considered as q substitute for
the notice 1t was also question of the jurys
as to whether Lyon, after having served the
notice, did not conduct himself in such a man
ner as to maize 1t appear as If the contract was
regarded by him a. being in force.
Mr.. Cox, for the defendant, said that he had
another prayer-that plaintiff, if entitled to a
verdict under the instructions of the court. is
not entitled to more than one-ffth of the profits
Of tae house, and in the absence OF proof on that
point to nominal damages only.
OPENING ARGUMENT YOR MRS. POLLARD.
MIR. Riddle proceeded to argue the case to the
jury, deprecating the introduction of testimony
which had been brought forward, and the con-
nection of which with the case he was unable to
see. He pictured the plaintiff as a lone woman
children. Mrs. Pollard at this point gave way
to tears,l He asked how did the shooting OF
Moore (who he regretted survived to be shot at
agaln,) affect this case, or the cowhiding of a
confederate congressman? They say that this
poor woman, With the allurements of her sex.
had bearded this lion in his den, daughter and
ne had suffered to the tune Of $4,000 or more.
He did not know but il would cost him still more
before she was done with him. They claim that
she came to him under the assumed name OF
Madame DeLarge, but he denied that there was
any attempt on her part to impose on Lyon, but
II lat she had performed her part Of the contract.
He proceeded to review the evidence, claiming
entitled to a verdict, and closed by saying that
n they considered the second notice as binding,
the first had no force, nor the latter, from the
fact that she was taken from her bed to the asy-
lum before the limitation OF the time. The first
notice must have invalidated itself when she
agreed to sign the advertisement. II she was
insane. she was made so from the prosecutions
Of th is Lyon. Mr.. Riddle closed at half-past IL
O'Clock, when a recess was taken for 10 minutes
Upon reasse milling
No cox ADDRESSED THE JURY
in behalf of the defendant. He cOntended that
a woman who resorted to cowhides and pistols
TO resent her supposed wrongs was only fit to be
placed ON par with the lowest ruffians of the
opposite sex. If Lyon had made the advance to
her she alleges, it would have placed an insur-
mountable barrier between them, and had the
plaintiff been woman of the virtue she claims,
she would have left the hotel to escape
her prosecutions. On the contrary, she writes
defendant enGearing letters. Lyon had legal
right to annul the contract at any time by CIV
ing thirty DAYS notice, which he served on the
thirty DAYS thereafter. Plaintiff did not COM
plain on account of receiving the notice, but
from the fact that it was served by Mr.. Hook,
clerk OF the hotel, whom she designated as her
servant, and his serving the same Inundated
her i'm her OWL house. She agreed to accept the
notice If it was served by some one else, and did
so accept it when served by Mr.. Brett. Even
had she been wrOngfully elected from the hotel
and denied her rights as its proprietor, she is
only entitled to one-fifth of the net profits of the
hotel. There were no profits on the contrary,
the concern lost money, ana she is entitled to
nothing. Lyon SAYS he never received any profit
from the hotel while it was under her superin-
tendence. AT the most then, If she is entitled
to anything, II is only nominal damage to the
amount OF one cent.
MR.. BRADLEY FOR THE PLAINTIFF
followed, claiming that she was entitled under
the contract to recover and quoted from the
letters which had been read to show that the de-
PENDANT recognized her authority in the house
after the notice had been served. He also read
the letter of defendant to Mrs. GarrettsOn, and
claimed that he (L,) recognized Mrs. Pollard As
lady of immaculate character as late as the
9th OF Juhe. Although they have attempted to
show that she was not of good character, she
stood before them as woman of veracity at least
INSTRUCTIONS To THE JURY.
Judge Macarthur at two O'Clock instructed
the jury, first calling attention to the contract
which was TO be terminated on 30 days notice.
and either party could terminate 1t with or
without cause. 1t is uncontradicted that Lyon
vi y. L. eli
1t was explicit enough, and sufficient to dissolve
the contract at the end of 30 days. Immediately
afterwards, an interview took place between the
parties: Lyons version is that she was dis
pleased because it was served by an emplOye,
and he withdrew the notice, she agreeing to
leave the premises at the end Of week.
III she entered into the arrangement, it was a
substitution Tor the notice, and the contract
would be dissolved at the end of a week. ANY vi
olation OF the verbal arrangement would bring
the notice into full force. He was entitled to
han fnt co. 81,
ment. At the expiration OF thirty DAYS LYON
had the right to insist on her leaving the prem
ises; but it is claimed that Lyon so conducted
himself as TO waive the notice and revive the
contract. There should be some uneauyOcal
act shown TO sustain this point. III they come to
the conclusion that his Q..'s) conduct amounted
find for plaintiff. If they found for plaintiff she
would at all events be entitled to nominal dam
ages, which would be a barren victory for her.
The contract was for One-ffth of the income
and he had been asked to instruct that She
could not recover more than One-ffth of the pro-
fits. They had not been informed as to what
the pronts were. He would not confine them to
the nominal damages. They should consider
the evidence. Plaintiff says that the house did
profitable business, and the defendant that it
was losing business.
The defendant excepted to the latter part of
the charge-as to damages.
The Verdict
The jury retired at ~ O'Clock. and returned a
few minutes after O'Clock, with verdict for
plai ntiff-damsges 81 900.
masonic Observation-Disclosures Council
Royal and Select Masters last night elected of
ticers for the ensuing year as folows:-E. B
MacGrotty, M 1. M; p. >. Craig, X. 1. NJ; "
D. Larner, i. NJ. of W.; Z. Fitzki, NJ. c.; F. r.
Griffith. d. F.; J. 4. Mason, r.; l.. A. Brande-
bury, G. g.; y. j. Barnes, c.; e. Smith, chap
lain; l.. StOddard tiler
Federal Lodge, No: 1. F. A. A. NJ, at its an
nua meeting last night elected its Off GERS
Z. F. Shafhert, w. NJ: W. A. Short, s. W.; w.
:. Jencks, j: w; A; Buchly, treasurer; w. G..
Brock, secretary; l.. Stoddard, tiler.
Acacia Lodge, No. IS, elected officers as fol-
lows:-Edwin Sweet, w. M; Chas. w. Ffanzoni,
). w; y. F. Fuller, j. W.; Chas. l.. Flanagan,
s. d.; Dan1 Mcfarland, j. d.. Chas r. Haight
and John T.. EileDger, stewards; John j. Little
secretary; Il. NJ. Hanson, treasurer; A. Craig,
tiler.
ALTHOUGH Priggs Dollar Jewelry Store had
the largest sales on Saturday il has had for ten
years, the cases will be filled up again with all
the new styles in a few days. No. 457 Pennsyl-
yania avenue, between x and 9th streets.
X. b. MoHUN & Co. send us convenient
style of calendar.