The Russellville Democrat., 1893-08-24
THE BRECKENRIDGE SUIT.
Something About the PreIiminaries Nee
 essary in the Case.
The Form of Notification Was ssTbe Presi-
 dent to the Defendant"

WASHINGTON, D. C., August 21 The clerk of the court has scores of inquiries as to when Representative Breckinridge, of Kentucky, will file his reply to the suit brought by Miss Pollard and the date at which the trial will take place. Nothing further need be done until Septem- Der 5 next. Under the law it is President Cleveland who has noti. fled Mr. Breckinridge of the suit, as the paper served on him last Satur day by the marshal reads:
 "The president of the United States to the defendant, greeting You are hereby commanded to ap. pear in this court on the first day of it's first special term, occurring twenty days after service of this writ on you, to answer the plaintiff s suit and show why she should not have judgment against you for the cause of action stated in her declara- tion.''
 The first day of the next special term will be September 5. It is probable that at about that time Mir. Breckinridge will file paper in this form: "At law No. 34 1928. Mad cline z. Pollard vs. William c. P. Breckinridge. And for his plea the defendant says he is not guilty as in the manner and form alleged"
 This is all the plea which the rules of tLe court require Mr. Breckin- ridge to make in order to deny the claim for $50,000 damages which Miss Pollard has made. This puts Miss Pollard to the proof of the va lidity of her claim. Her counsel will probably, some time in Septem- Der, file paper in which they will say, 1.-The plaintiff joins issue on the defendants plea," and the opposite counsel will note, "and the defend ant doth likewise. ?
 Aud then, at any time after issue is joined, and at least ten days be- fore the sitting of court at which the cause stands for trial, either the counsel of Miss Pollard may give notice to the counsel for Mir. Breck- inridge or vice versa, in this way:
 "Take notice that the issue joined in this case will be tried at the next term of the court" and thereupon, at least seven days before the sitting of the court, the party who gave the notice of trial will furnish the clerk with mote of issue," and the clerk will then put down the case of Pollard ys. Breckinridge on the calendar for trial according to the date of its issue, and after all the cases before it are acted upon some day 1t will be put on the assignment, posted by its number on the court room door and be called for trial in it's turn. There was no legal need that all the details of Miss Pollard s allegations shouid be placed in her declaration; but as she has done so Mir. Breckinridge may also accom- pany his plea of "not guilty" with a special plea or statement of circum- stances, but this is not necessary in the legal aspect of the case. He may wait until Miss Pollard has presented her proof, and then deny that she has proved her case and go to the jury, or he may show circum- stances that negative her claims up on him for $50, 900, or tend to re- duce her claim to a smaller sum. It is probable the courts will have ad- vanced into the next year before the case is called for trial.