Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-04-07
Prayers Made by Both Sides in the
Breckinridge-Pollard Suit.
WHAT THE JUDGE Is ASKED TO DO
Eleven Requests by Plaintiff and
Eight by Defendant.
VHE DECISION RESERVED

the jury. There was not a large audience
present. most OF those who were on hand
being members Of the profession who were
attracted by the prospect of a legal battle.
II was after IL o'clock when the arguments
pesan, as the first hour of the court was
eevoted to hearing motions on all sorts Of
subjects Saturday being the regular mo-
non day Of the court
Neither Miss Pollard nor Col Rr.,k,n
hose was present, and while Messrs Will
son. Carlisle. Johnson and Farrell Of the
plaintif's counsel were present. only
Aessrs- Shelby. Thompson and McKenney
appeared on behalf Of the defendant
wnen Judge Bradley announced that he
rros ready to hear the case. Mr.. Carlisle
ana read the fourteen prayers which
set forth the instructions to the Jury asked
Ior py the plaintiff. The PRAYERS of the
psrin9in PAM read. Mr.. Shelby read those pre-
number. The instructions prayed for were
ROBBED or all legal verbiage as follows:4
Nne instructfons Prayed for by Plain.
tin.
Inc court Is prayed to instruct the Jury
fnat this Is an action for breach of contract
tor marriage. and IL they find that there
were mutual promises; that this constitutes
oinding contract, and that a subsequent
marriage OF the defendant would be no de-
fense, neither would proof of the Illicit rela
rons on ihe part of the plaintiff with anoth-
er' II ne knew OF these relations at the time
OF making the contract
Ine defendant denies that a contract Of
uIEiAse was entered into by him. His
Sohtention Is that there was a mutual un-
uerstandlng between PLAINTIFF and himself
70 deceive others with reference to their re-
tduons The burden of proof lies with de-
1endant. and he must prove that she was a
partner to the understanding.
On the whole evidence the verdict must be
tor the plaintiff, unless the Jury finds that
defendant haf0
ING any promises Of marriage that these
promises were not to be binding The
ouraen or proof lies with him and he must
Standing ~
They must find for the plaintiff whether
ssney ma tnat the defendant made his prom
tSeS IN sOod 1alth or not If they find that
sne took them in good faith and SO acted
upon them.
They must find for the plaintir unless
tney md that the plaintiff did not accept
the promises and knew they were not hind
ing promises.
II the Jury believes that the defendant
made the promises in bad faith and that
plaintin accepted them in good faith thew
must regard this no defense and the YER
dict must be for the plaintiff
whether plaintiff understood the reasons
OF defendant in making the promises or
for the plaintiff
The defendant having claimed that he had
had carnal knowledge before making the
tract invalid -.--o-Ts
If the plaintiff did tell the defendant that
she had Illicit relations with Rodes and
they ind that he thereafter made a prom
fse, the fact of her having told him does
not invalidate the contract. and they must
fnd for the plaintiff
As to Damages.
The fact that the defendant admits his
secret marriage at a date that places 1t
before some and after other promises of
marriages made to the plaintiff is no de-
Tense and does not initiate against the
plalntin. but should be considered by the
jury as matter Of agCravation in estimat-
ing damages.
If the defendant kept his marriage
secret from the plaintiff and then made
promises OF marriage to her this should be
considered by the jury as aggravating dam
ages.
In estimating damages. if the jury finds
Tor the plaintiff they should consider all
the facts N the case and the relations that
existed between the parties up to the time
Of the breaking of the promises, the social
and pecuniary advantages that would
have issued to the plaintiff from the mar
riage. the humiliation that came from the
relationship and the loss that will come
in after life in seeking her own living, and
they may also award ex mplary damages
II they find for the plaintiff and also
ind that the defendant did announce his
Intentions of marrying her, to third
party, after his Secret marriage to an
other, which marriage he concealed from
the plaintiff. they must consider this fact
In aggravation Of damages, and the ability
or inability of the defendant to pay should
have no effect upon their judgment.
Finally, If the jury finds that the plain
tin was sexually pure, save with the de-
fendant and that his attempt to impeach
her purity was not made in good faith
damages, which damages, however, must
not be in excess of the sum claimed,
PRAYERS OF the Defendant.
prayad nv the Ia
Tense were briefer than those presented by
the plaintiff. They were read by Mr.. Shelby
Immediately after the conclusion Of the
Drawers for the plaintiff. In substance
they were as follows:
Before the plaintiff can recover damages
the Jury must believe that there was a
Contract entered into between the defend
ant and plaintiff that they should In the
future become man ard wife.
If there was no such promise between
the parties to marry each other then no
Statement made in the presence or another
would constitute a contract, II these state
pents were made with the understanding
that they were to be for the purpose of
deceiving and misleading the parties be-
fore whom they were made
II there were Illicit relations existing be-
tween the plaintiff and the defendant then
al terms of endearment evidences OF Ia
miliarity and the financial support or the
p.aintiff by the defendant must be regarded
a. growing out OF these Illicit relations
And not out of any promise OF marriage
The burden Of proof Of the existence or
h contract lies with the plaintin.
The defendant having been married on
April %, 1893, any agreement 10 marry
made thereafter is void.
II the Jury finds that contract to marry
was entered into between the parties. and
II they further believe that the plaintin was
guilty OF lewd and lascivious conduct with
other men, such a fact being unknown TO
the defendant. he was by this released from
bis obligation to carry out the contract ana
this is so whether at the time OF his re-
fusal he knew Of such conditions or not.
II the jury finds that there was a con-
tract, but believes that the plaintin. by
threats or conduct, made the defendant
think that his life was In jeopardy from her
he Is excused from fulfilling the contract
II the jury believes that ,'ere was con-
tract, but find that the plaintiff was not
without fault with other men, the verdict
should be for the defendant even II he
knew Of her fault.
The Arguments.
Mr. Johnson made the first argument for
tho plaintiff in support of their prayers,
quoting freely from legal documents. Mr..
SHELBY followed for the defense and was in
the course OF his argument when the court
4 recess