St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-02-18


Must Begin.
WASHINGTON, Feb. 17.-Judge Brad
ley, of the district supreme court. after
listening to the counsel for each side,
this morning fixed March as the date
for beginning the hearing of the suit Of
Madeline Pollard against Representa-
tive w. g. P. Breckenridge, of Ken
tucky. The case came up today in the
form of hearing arguments on the ques-
ton Of postponement for the trial. The
court room was crowded. many friends
of the distinguished defendant being
among the onlookers. Judge Jere Will
son and Calderon Carlisle, of this city,
represented Miss Pollard. and Col. Phil
3. Thompson, of Kentucky, and w. A. {.
McKenny, of this city. represented
Congressman Breckinridge. Mr.. Nc
Kenny took the place Of Enoeh Lotten,
Of this city. who is ill in Florida. Coun.
sci McKenny stated that he did not
want postponement. but merely asked
for a continuance of the case until
March 81 because of the illness of
Mr.. Lotten and the necessity of
taking dispositions. Mr.. Carlisle
followed. "We are here" said he. ITO
oppose the motion, Since the case was
filed last August, no step has been taken
in or out Of the court by the defendant
looking to speedy trial of the case.
The demurrer was filed. argued and
oyerruled, and thereupOn plea put in
under an order of the court Qast Sep
tember). Nothing has been done since
till very lately, and that has not been to
PREPARE FOR TRIAL
on the part of defendant. The extraordi-
nary nature of the case demands that
the defendant be ready for trial. Col.
Lotten is not the only counsel and the
case can certainly be proceeded with in
! his absence. Notices have been given
in great number of dispositions OIL the
part of the defendant taken In Cincin-
natl, Hot Springs, Virginia, Danvllle,
Lexington and Frankfort, KY, and
other places. 1t was early disclosed that
policy of delay and obstruction was to
be carried out, and this has been done
"The case is an action for damages
for breach of promise to marry. The
third count details the relations exist
ing between the defendant and the
plaintiff from 1854 to the time of bring.
ing the suit. Now, when the plaintiff
is ready to 20 to trial. she is met with
the proposition under the guise of set
ting day to postpone the trial for
more than month. We ask the court
to exercise its discretion, and not sub
nit the plaintiff to all unreasonable
and unwarra nted delay"
Judge Wilson also spoke for the
plaintiff. He argued that the postpone
inent, owing to the absence of Mr.. Lot
ten, was not warranted, and that
PLAINTIFFS COUNSEL
could not assent to the motion unless
affidavits were filed, showing the testi-
meny to be taken il the proposed de.
positions was material.
They are seeking," he said, s'to eX-
anime rs or 100 witnesses on matters
that.occurred several years before any
promise was made'
Col. Thompson asked that the case be
forwarded to certain day in the term,
instead Of being continued. "and then
letting tlay over until the next term Of
court, six or eight months elapse before
its trial.n
He argued that, instead Of seeking a
postponement, he was trying to force a
trial.
well see when we get through" he
concluded, whether the plaintiff is en-
titled to the respect. of the court or is
here for yindictive purpose"
Mr.. Breckinridge's counsel stated
that March 13 would be satisfactory
date for the trial, while Counsel Carlisle
urged that Feb. 27 be settled upon.
After long discussion, Judge Bradley