The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1894-04-18
JUDGE BRADLEY's CHARGE.
The Case as Presented to the Jury by
the Court.

the 1OuEHs
Following is a summary of Judge
Bradley's charge to the jury: Judge
Bradley spoke first of the pollution of
the case, said it contained few interest
ing legal points and that if the parties
had been obscure. it would have at
tracted but little attention. But, because
one of the parties had been of national
prominece, and because, he feared, OF
the character of the details, it had at
tracted a large and sometimes a vulgar
crowd. The court, and even some of the
jurors, had been deluged with letters
conveying suggestions, to which the
writers had not the decency to sign their
names. He believed the jury had fol-
lowed the Injunction TO discuss the case
with no one. 1t was inaccurate to say
that the community at large was a third
party to the case. Except to see that
justice was done between the parties, the
world at large had no interest in the
case. Public opinion should not weigh
a feather weight, abstract principles
were not to be vindicated nor the coun-
try girl the home and the family. Per-
sOnal opinions or wishes based on the
relations between the parties or other
facts were not to be considered. It was
only a question whether contract to mar
~ existed, and whether. if broken. there
was an excuse for breaking it. The YER
dict was not to vindicate the character
of either party. Although much of the
testimony was unfit to be reviewed il
was to be said TO the credit of the par
ties, that they had handled it in delicate
details, as carefully and decently as pos
sible. Nearly all of the counsel had
observed the same restraint, and he re-
GREETED that this could not be said of all
the counsel. CHere all eyes were turned
to Col. Phil ThompsOn)
Any revolving standards of manhood
which had been set up were not to be
weighed as evidence. nor were collateral
details to be allowed TO obscure the
main issue. What credit should be
placed on the testimony of plaintiff and
defendant where they differed was to
be judged in the light of the character
and lives Of the two as shown, and Of
other circumstances affecting their
credibility. After reviewing the con-
tentions of the two parties briefly he
read the legal instruction granted which
have already been printed.
Col. Breckenridge sat between Maj
Butterworth and his son, Desha, with
his chin resting on his hand while the
instructions were being reed. The whole
charge was in manuscript and Judge
Bradley read it in rather a monetonous
tone. In eXpIa1nIng one of the instruc-
tons the judge said that if the de-
PENDANT had any knowledge of improper
conduct on tie part Of the plaintiff
Wnen ne promised 10 marry neI, II ne
did, his action condOned those Offenses.
Explaining another point he said that
the defendant. quoting a Massachusetts
opinion, could not be excused from fail
ure to perform marriage contract by
legal inability TO fulfill it, because his
legal inability did not lessen the damage
to the plaintiff from his failure to marry
her There must be grOsser improperly
than that by Julian regarding d
mock marriage to form an excuse for
failure TO fulfill marriage contract
the Judge said, and he quoted Julian's
testimony. Lewd and lascivious conduct
meant more than Julian has testified to.
or Rossell. who told only of such acts
as were common between people en-
gagged to be married To sum it all up,
if a contract was not made. or it was
agreed to with the understanding that
it was not TO be carried out, the verdict
should be for the defendant. If con-
tract had been made and broken they
We're to find for the plaintiff, awarding
such damages as they saw fit. Their
verdict must be formed upon the pre-
ponderance of evidence.
The jury retired at 1907 o'clock.
Took Fifteen Ballots.
The jury took fifteen ballots before
reaching their conclusion. The differ
ence was mainly over the amount of
damages to be granted, and there was
but one man on the jury who favored
the defendant. On the first ballot one
juror voted for the defense and hung out
for time but his colleagues thought
he did it more for the sake of argument
than because he was strongly
in favor of Col. Breckenridge. A num-
Der of ballots were required to reach a
compromise on the amount of damages
to be awarded. Two or three jurors
wanted to give the full amount of $780,
600, while the others thought that merely
nominal damages would serve to express
their opinion that the congressman had
treated Miss Pollard stability Formal
notice of motion for a new trial was
given by the defense.
Col Breckenridge was very cool after
the verdict had been rendered. He
walked away with his counsel talking
with him, but declined to speak at that
time for publication, as did his attor-
neys.
Miss Pollard was somewhat excited,
but not hysterical while awaiting the re-
suit. and as a woman always does, broke
into tears when she heard it. She de-
clined 10 be interviewed and her attor-
neys said that she was anxious to efface
herself from the public sight as far as
possible, now that the case had ended.
The Defendant Scores Wilson.
Shortly before midnight Col Brecl1in-
ridge, in an interview with an Associated
Press reporter, said he did not intend to
let the litigation end here. If the motion
for a new trial be denied he will prose-
cute an appeal and exhaust every posi-
BILE legal remedy. He attributes the ver-
dict 10 the power of public opinion, which
influenced the jury. Said he: THE
plaintiff and I will each live our re-
spective lives. the public will become
more familiar with the facts and the
final judgment will not fear TO meet"
He characterized Judge Wilson's speech
as an utterly Inscriptions and dishon-
orable argument fun Of false statements
and slanderous charges.