Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-03-29

II
this case. He continued to urge that the
defendant had not made such a showing of
PROFANITY that the plaintiff mad written
TINS letter as to justify its admission in
evidence
Judge Bradley asked what would be the
case II no expert testimony had been Of
fered, but they had only the defendants
testimory that he had received letter
and In response to II had had an interview
Mr.. Wilson thought that made no differ
ence.
The Letter Admitted.
1t was 8 o'clock when Judge Bradley de-
cided the question. Independently of the
expert testimony, he thought the testimony
OF the defendant sufficient to justify the ad-
mission of the letter in testimony. AS to
the expert testimony, he believed it would
be the duty of the court to admit the letter
TO evidence. Where the authenticity of
paper is affirmed on side and denied on
the other 1t was proper for a court to ad-
nit expert testimony. however valueless 1t
might be, and to admit the paper in evil
dence letting the jury determine for them
selves whether the paper was genuine or
not
It's Publication Condemned.
Judge Bradley remarked that 1t seemed
to him that this was a controversy large
ly over shadow rather than substance,
for the contents of the letter had already
been made public by the NEWSPAPERS. and
the jurors had undoubtedly been apprised
of its contents Judge Bradley severely
condemned the publication of the letter.
That, he said, was enterprise with ven
geance. In any other court than this
court the matter would have been punish
ed as contempt of court. He warned
reporters that such an act if repeated would
be visited with punishment
The letter was admitted in evidence and
read to the jury by Mr.. Butterworth.
Filed I'm His Private Letter Book.
Mr.. Breckenridge then continued his tes-
timony. He said when he received the let
ter. according to his recollection, he filed
1t in his private letter book in the office.
He kept similar file at his home, and he
had also partnership file at the office.
His recollection was that both letters he
had received were put in his file at the Of
flee. When this suit was brought he was
In Washington. and he wrote to Lexington
for the letters.
Mr.. Breckenridge said at the time he
called at the Wesleyan College he had bust
ness which called him to Covington. He
went there Friday, August /, but was
unable to get through business that day.
AS Covington had no comfortable hotel, he
went across in the afternoon to Cincinnati.
His Call at Wesleyan College.
1t was some time after a quite late din
ner he took a street car and went TO the
Wesleyan College He thought it was about
half-past 4 o'clock He sent his name up,
and was invited into a room, and in a few
minutes the plaintiff came down. He was
standing In the window when she came.
They shook hands. There was some salu-
tation of the day. when she said he sup
posed she had rather astonished him by
went on to describe the conversation,
which. he said, Immediately opened about
her case. She related the circumstances Of
her agreement with Mr.. Rodes. Witness
had not known up to that time who the
mother of the plaintiff was.
She mentioned in her conversation her
aunt, Mrs. Keene, and witness knew who
Mrs. Keene was and also knew from that
who her mother was. He interfered then
the statement that he had known her
grandfather. and liked him. He went on re-
citing the story plaintiff told him down to
her meeting with Mr.. Rodes and agreement
to marry him. II he paid the expenses Of her
education
She wanted to know IL Mr.. Rodes could
compel her to fulfill that engagement. Wit
ness laughed at the idea of a girl at this
day being compelled to marry any one. He
put his answer in a light way, whereupon
she became grave and asked If he were
certain Mr.. ROdes could not compel her to
marry MIN. she became graver. seemed to
be making an effort to keep from crying
and showed much nervousness.
Her Proof to ROdes.
Witness asked what the members of the
family said and why she did not talk the
matter over with her grandfather. She
said that while her mother knew of the
matter she could not talk with her about
it, During the conversation she became
much affected and put her handk erchief to
her face.
Witness walked away from her to the
window. In moment or two she came
to the window and said there was some
thing she had not told him. He suggested
to her that she had better not tell him
then, but she did. She said that ii was
much worse than a mere contract of mar
riage.
Mr.. Rodes got very jealous and anxious
to marry her; that some one had told him
when she got educated she would not mar
ry him; they had had some trouble about
it; she did not know then how 1t happened,
but she had given him higher proof of her
purpose to marry him. The witness said
he had told her then that she ought to
marry him; that no young girl could afford,
under such circumstances, not to marry the
man.
She said she could not marry him; she
could not look forward to living with such
a man. The witness going on, said he was
about to leave when Miss Pollard told him
that she had set her heart upon being an
author.
Late Yesterday Afternoon.
At the conclusion of the deposition of
Brand. reported in yesterdays Star, Mr.
Stoll read the deposition of Fletcher Lusby.
chief of police of Lexington, Ky.
The deponent stated that the reputation
of Lena Singleton's house was bad, as was
her character He stated that he had known
James c. Rodes. Deponent had been in the
employ of the Adams Express Company in
1883 and 1854, and took charge of the money
clerks desk in 1881, and remembered that
Rodes several times shipped money to a
young woman at Wesleyan College at Gin
cinnati, who, Rodes stated, was a niece he
was educating.
Deposition of w. y. Jones.
w. p. Jones. age thrty-five, of LeXing-
ton. KY, stated that he was an alderman Of
the city. He was well acquainted with young
MIR. Brown of the Wesleyan College AMI met
Miss Pollard at the college in 1883. A Mr..
Rodes, she said was paying for her educa-
ton She stated that she was engaged to
him. but, as he was an ignorant Old far
mer.' she did not intend to marry him, but
would pay him his money back.
At the conclusion of this deposition the
court adjourned. at o'clock, until this
morning.
They Want Col. BrcckinridEe Inn
pcachcd.
LEXINGTON. Ky, March 29.-For the
past week the ladies Of this city and
.I,- ~. l,t. ,,..