Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-09-21
THE INITIAL STEP
In the Famous Breckinridge-P Pollard
Suit.
DEFENDANTS DEMURRER OVERRULED
The Kentucky Member Repre-
sented in Court by Mr.. Totten.
THE TRIAL IN TWO YEARS

The already famous case Of Miss Madeline
V.Pollard against Congressman VIM. Camp
bell Preston Breckenridge Of Kentucky, in
which Miss Pollard claims damages to the
amount Of $4,000 because of the alleged fall
ure Of the eloquent Congressman to make
good his repeated promises to marry the
plaintiff. after having, as she alleges, ,seduced
her. and after having In many years of con-
tinued Illicit relations between the two be-
come the father of her several children. re-
ceived today its first hearing before a ju-
dicial tribunal
AS heretofore explained in The Star, the
distinguished defendant filed at the proper
time a demurrer to the declaration Of the
suit instituted by Miss Pollard. holding
that the declaration was bad in substance
because 1t alleged three existing contracts.
whereas but a single contract Of the kind
could legally exist at one and the same
time. and because the third count Of the
declaration, which detailed at great length
the history of the alleged relations exist
ing between the plaintiff and the defend
ant from April l, 1884. down to the filing Of
the suit. violated rule rs Of the rules of the
court. This rule reads as follows: '"The
declaration shall state only the substan-
tive facts necessary to constitute the cause
of action. without unnecessary verbiage
and with substantial certainty"
bcIOTc JuuSe SO4 tOudy tne IudtIST was
grieny argued by Mr.. Enoch Totten. on be-
half of Congressman Breckinridge, and by
Messrs. Jere NJ. Wilson and Calderon Car
Isle for Miss Pollard.
Mr.. TOtten's Argument.
Mr.. Totten claimed that there could be
but one contract Of marriage, for such q
contract in the very nature Of things was
single in purpose, and therefore one prom
ise was all that was necessary to allege.
to- thnv1 In, bn
same declaration the plaintiff made 1t
faulty and bad In substance. The same,
he contended, could be truly said Of the
third count for 1t was not only uncertain
and vague. but it also contained much that
would not be permitted to be shown on a
trial Of the cause.
Messrs. Wilson and Carlisle. In reply.
stated that the declaration had been most
tanned not a word which was not abso-
lutely necessary to fairly and completely
set out the cause OF action. 1t was true,
they admitted. that but one contract OF
marriage could exist at one time, but 1t
was not bad pleading to set out in more
than one count Of the same declaration
the making Of such contract through n
promises to that effect made at different
times. That was all that had been intended
and all that had been done. Therefore.
they asked that the defendants demurrer
be overruled.
Judge Cox disposed of the matter in very
be said that but one contract could be
alleged. but he thought that one contract
could be well and properly set out In more
than one count Of the declaration. There
fore, the declaration did not. IN his opin-
ion, make the pleading bad. As to the
other allegation in the demurrer in refer
ence to the third count Of the declaration,
he felt that 1t, too. was good in substance.
and 1t seemed that any objection to 1t on
the ground Of surplusage could not be
raised on demurrer. For these reasons
he would therefore overrule the defend
ants demurrer.
Mr.. Wilson thereupon prepared an order,
which Judge Cox signed. requiring the de-
fendant to plead to the declaration within
three days time.
In his plea the Congressman may simply
answer that he is not guilty. or he may, in
so answering the allegations contained in
Miss Pollards declaration, state with elab-
orateness and at length his reason for
pleading not guilty. Upon the filing Of the
plea, issue will in all probability be prompt
ly Joined, and the case then placed upon the
trial calendar of the court to be reached in
its regular turn. Owing to the crowded con-
dition of the trial dockets of the courts 1t
Is hardly probable that q trial Of the case
will he had inside of two Voara time.