Daily national Republican. (Washington City [D.C.]) 1870-1872, 1872-01-06


Tho curt room Of the Circuit Court was
crowded at noon Yesterday on tho call Of the
trial of the cases Of Pollard W. Lyon, an action
for SANDER and defamation of character. This
case has been pending for nearly year, and
grows out Of expressions alleged to have been
made use Of by Jacob Lyon, touching alleged |
mlsIee,ls Of tho defendant at the St Cload |
hotel 10 september Damages at siO,OOO arc |
laid In the declaration.
The plaintiff, with her girl Maggie, occupied |
scat in the rear Of her counsel, Mossrs Riddle
and Bradley.
Messrs. Cox.L II. Chandler and Washington |
appeared for the defendant
AsrRuCK JURY.
A long panel was demanded, and each Of the |
sides struck four FROM list OF twenty jurors |
The remaining twelve were sworn.
rOsTrONEMENT AsWED.
Mr. Dayiigo said that before the case pro- |
cccjs he would like 10 say that one Of the wit. |
nsssss' Dri hs,milIon, Sas not IN aeseIdanee
have to he Issuol for him,
Georgc Y uiddlngs, an essential witness TOT
now pTeSsni. and The defendant was prspsrs,l, |
by reason Of his absence, to make the proper |
affidavit for continuance o, The case, u such
continuance was not asSentod by the gentle
No agreement being made, the atadayit was
filed and Mr., Dayidgc moved for continuance
was summoned on the lst OF December. The
aihinVit set forth that Niddings was expected TO
prvye Of the plaintiff that her reputation for
virtue and chastity was bad at the time Of the
| alleged SANDER
Mr. Davidge stated the law IN relation to the
| continuance, TO he that upon such an afndnVlt
hitting tho truth Of tho fact he proved aud not
merely admitting that tho witness would swear
toit.
| Mr.. Riddle. This witness, your honor, Is
/ merely to general reputation.
| Judge Macarthur, The witness IL, but as TO
reputation which cannot be. proven by one
| witness and would, under any circumstauces,
/ limit the number Of Witnesses, ! do not think
that this Is a sufficient cause and will override
/ the motion.
| Attachments were ordered for MoKendree
wllson by the plantin, aud DR.. Hamilton for he
defendant
| OPENED ron TUE PLAISrTP.
| Mr., bradley, Tor the plaintiff, opened by saving
| that Mrs. Pollard, lady Of reputation aud char.
Aetcr went In 1852 to reside at the ST. Cloud hotel
under a contract with tho defendant to carry on
the business Of hotel keeping In which good
| name II essential to success. Mr.. n. traced tho
| connection Of Mrs. Pollard with the hotel until
her departure 70 the Insane Asylum. Not
| satisfied with thus sending her away, he
| maligncd her character, seeking TO rob her Of
her good name and virtues, and without which
no woman sS1 eoPs e S, GGld up her heal
/ 10 post. Newspaper articles have been poured
out on her unHfen1inE head. As TO the effect Of
INJURIES mould r he sG, SsS Try , 70 oSEo
I,yon said on OF about September IS: ~ saw her
uneanlng the plaintifD In bed with Captain
| Denty;' and afterwards that he said; ~ lOOked
over the tTansorn light Of her door, and saw Mrs.
| Pollard In bed with Captain Donty." These
| words were enough 10 ruin wonan'H character.
| Mote than thnt-notlce had been served On the
piaintif thai the defendant would prove on this
trial that her character was bad, cuntinulng at
the very doors Of the trial the Insult and Islander
| Tor which the plaintiff was seeking redress. lie
was willing to leave the whole matter to tho
jury. -
The plalntin's counsel here called the follow
VIM j. Martin: Knows the parties; has
knoun them since september, 1870, at 81 CLOUD
witness wss night clerk Lyon was there look.
Ing after cigar stand and billiard ruOm; on or
about the 18Th OF september, witness heard
| Lyon saying, ON tho day following an occurrence
in the house, that he saw Mrs. Pollard in bod
with Gap ain Denty witness was standing In
the ONCE by the gar ease on the lower hOor
frOnting Ninth street thinks q. Stewart was
there, witness does not remember how It came
up; he took out the cigar book and was looking
over II, when Mrs. p. called him, then he said :
Il saw her in bed with Captain Donty /" does
not remember OF his sayinE anything else lie
remained there until the 10th Of October when
he was discharged by Lyon.
| who took her to the Insane agyluml
| Mr.. Cox. That has nothing " do with II.
| Mr.. Riddle. think II has.
| The question was not pressed.
| Cross.cxamincd. Only Stewart and witness
were present when the remark was made. Lyon
| said 'in boi." Did not say saw Denly 10 her
room" Mrs. Pollard called from her room In
| a mild tone Tor hun. lie went out Of the office,
not hear anything Of tho affair the night before,
but saw pat Of IL.
Mex. Wilson (cOlored) sworn Witness knows
| tho parties. Was Engaged at the st. cloud no
tel IN 1870. Was employed BY Mrs. Pollard. In
that "Captnln Denty was In the bed with Mrs
Pollard."' Witness does not know what Mrs.
Pollard he meant Tho only Mrs. POLAND there
1 Naa lad al WlfuRHR mi
know whether no meant her or not. Witnosl
had no talk with Lyon before he mentioned the
matter. Lyon was not talking TO witness; h
was talking to gentleman witness never saw
before or since. LyOnwas talking cOnndentially
} but witness heard every word he said. Did not
. SEQ Mrs. Pollard that day. She was sick In bed
Hns hnd several talks sinco with Mrs. Pollard
/ Witness told Mrs. Pollard what Lyon said. Wit
O.. ness len the st. CLOUD In the beginning Of Au
gust. DID not sec Mrs. Pollard until AFTER sh,
came from the asylum, and was living on
street Never told Mrs. Pollard what he wal
going 10 ties lily TO- Never told Mr. Bradley o
Ibis SIN morning ruin what 10 know on this subject
Remembers the words. Can remember things
for fifteen years.
RgCEBs or TnE lOuRr.
| A Tceess was here taken tor halt an hour, and
Mt H. conr usinn tho plaintiff called o. q. Smi b.
{ Witness was employed at st. Cloud hotel IN sixth
street, 1870 as head servant; won't on nth Of
May and remained until about the 18th OF Sep.
tcuiber; remembers disturbance there On tho
night OF the 10th of September; Mr..
|
O'Clock, ordered witness TO go into the dining
room witness refused 70 go, saying Miss molli,
hired him; the man lowed that no would put
INC aud Miss Mollie out Of tho house, and said
he caught her and that d-n soOundrel Denty
together, and he would have both me and her
out Of the house; to the best Of Witnesses re
. collection he said he caught them together las
night; witness afterwards got message irOu
Mrs, Pollard and went up to hcr roUm' MIR
ESSt Was he diSeSlry between Witness SSd
Lyon Lyon then sprung up and said there Il
one request have to make, that Is that yot
viii not DO Il and told Witness 70 70 below ant
| look after her interests.
Mr.. Riddle. Was the rumor Of these world
generally circulated about the hOtelH
Mr. Cox. object; We have nothing to do with
Mi. Riddle. Yes It has. We propose to show
that this SANDER was circulated through the no
tel, and thence through tho city.
, Mr. Cox. Other pefsons might have started It
We object
Judge Macarthur sustained the objection, ant
Mr. Riddle noticed an exception.
Witness was steward VI the Lady Of the Lake
at one time Denty was captain OF the boat wa
never discharged from that boat; left Of his Owl
MIR. Bradley said that there we're yet two wit
} nesses (pOloemen) who made the arrest on thu
night Of the difficulty In question, and to whom
Lyon made statements similar TO those already
( proven. lie would like to call them after the
defence had begun,
p asked for, and hIr. Cox noted an exception.
Tho plaintiffs case rested here,
MW. cox FuR TUE DETENCE.
Mr.. Cox said that he had not expected " b,
called on ~ soon 10 open for the defence, as he
thought that tho other side would occupy III,
5 | whole day. The charge is that the defendani
! had stated that he saw the plaintiff In bed with
Capt. Denty, and that he looked over the tran
som Of tho door and saw her In bed with Capt.
Denly II u necessary, for very philosophical
reason, that the exact words charged 10 have
been uttered must be proved.
| In This case the Defendant denies that he used
these words. lie said something about her
| but he denies that he ever saw her In bod with
| Dainty, or that he ever looked over the traDsOm
or that be ever said 80. lie may have boon hoo