St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-03-14
be permitted an argument in support OF
his motion to suppress the dispositions
taken the day
BEFORE THE TRIAL,

taken the day
BEFORE THE TRIAL,
when Judge Bradley interpOsed: II
hardly think it is neceSsarY,as the court
was about to decide i'll your favor" The
| judge excluded the dispositions OIL the
ground that they did not conform to the
law that they must either be written
by the deponent or by the attorney be-
| fore whom they were taken, as they
were written afterward by typewriter.
Ad exception to the ruling was taken
for the plaintiff.
Another deposition, that of Mrs.
Mary Logan, taken before Notary
Lowry Jackson, in Cincinnati, was Of
fered for the plaintiff and objected to
| by the defendant. In the argument
following it developed that this testi-
mony was concerning the birth of Miss
Pollard's first child. Attorney Carlisle
admitted that the Identification Of Miss
Pollard by the witness was not COM
plete, but complained of the manner
and length of the cross examination of
| Mrs. Logan, who had herself
protested against it as persecu-
lion. Judge Bradley decided that
since more than a day had been
consumed in cIOSs-eXaminatiOn of Mrs.
Logan. the rights of the defendant had
been preserved, and admitted the depO-
sltiOn. the defense noting an exception.
Mrs. Mary Logan is Cincinnati physi-
clan, as appeared from the deposition
read by MIR. Carlisle. She had in 1884
treated young girl about to be con-
fined, who gave the name OF Monica
Burgoyne, saying that her friends called
her "Mona," and the witness said that
Miss Pollard, who was then in the no
tary'S Office, bore some resemblance to
her, although she had doubtless
changed. 1t was the yeuDg woman's
first child, and she had represented
that her husband had died, or there
were family reasons for Keeping the
birth secret.
At the suggestion of DR.. Logan
MISS POLLARD had GONE
for her confinement to the Catholic
sisters on the Reading road. three or
| four miles from Cincinnati. There the
| physicians had made two or three calls,
! although the young woman was under
the charge of the physicians of the
institution. Four or five months after
wards Mrs. Burgoyne" had been taken
to the house Of Doctors Perry aud
Buchanan, where she passed under an
| othertname, which the witness could not
remember. If Miss Pollard was the per-
son, the doctor could not identify her
certainly. saying: "She has changed
greatly if it is she. 1t has been several
years since | saw her. This lady'S
figure is thinner. her hair Is different.
and she has changed i'll many ways. l
am positive that the young woman were
spectacles." Miss Pollard is thin and
does not wear glasses.)
| The crOsS-eXaminatien was read by
Mr.. Butterworth. The witness was
certain that the young woman had not
passed under the name of Louise Will
| son.
The reading of the deposition was
| very tedious, taking more than two
| hours. and served to empty the court Of
majority of the spectators, and was
not concluded until after the noon re-
| cess.
During the morning there were no
! ladies ia court. not MlSsz.Pollard
ard her TWO friends appearing. Her
attorneys have not yet decided whether
| the plaintiff will be placed upon the
| stand to testify, as she is in such
nervous state they fear she would not
| be able to stand the ordeal. The peo-
| pie who had deserted the court began 10
| pour back at half-past 2, when the plain.
| titf'S counsel varied the monotony by
| calling witness. The door between the
| jury box and the judge opened to admit
| two sisters of some Catholic society, at
| tired in the black bonnets and gowns of
| their order. One Of them seated herself
| beside MIR. Carlisle, while the other took
| the chair
IN THE WITNESS Bon,
| looking very pale and troubled at her
unusual position.
Sister Cecilia, of the order offs listers
OF Charity, of Cincinnati. was the name
given. She said that in 1884 she had
been sister in charge of the convent at
NnrwOnl Il mflpS from (Inpin-
natl by rail and five miles by road.
"D0 you recall that in 1885 there was
| q person there by the name of Bur
goyne?' asked Mr. Carlisle.
II do not"
.Have you examined the records of
the institution lately?'
Il have"
Objection to the question of the re-
suit of the examination was made.
do you remember female patient
who was visited by female physician
| from Cincinnati?"
"rhere was one who was visited twice
by DR.. Mary Street.'
The four volumes of irving which
had figured mysteriously in the case
were placed before the sister, aid she
said: II was presented set OF books
like those by a lady who had been a
patient in our asylum, not long before
lClt dSS Iuiu III august, 1907. OuG
cannot say whether these are the identi-
cal ones. l placed them iii the book
case of the asylum and left them there"
Are these the books?' Mr.. Carlisle
asked.
II cannot say positively that these are
the same books, but they look like
them.''
What is your best opinion on the
question:"
THAT they are the same"
'Do you remember that 1t was brought
to your attention that one of your pa
tients was corresponding with some one
through the Cincinnati EnQuirer?'
'Sne told me so. l thought | per-
suaded her to desist. l tried to-"
do you know Miss Madeline Pol
lard?"
II have met her in Washington"
would you know her ii you should
see her?''
II would now''
"Did you receive letter from her?'
"One; it came to me i'll Pueblo"
Did she. describe in conversation and
by letter the Institution and incidents
connected with it in 1885 which would
lead you to identify it?"
"One moment" interpOSed Attorney
Butterworih. objecting to recent de-
scriptions of the convent as lmmaterial.
Juuee w tlSoN Tpelitu 10 TIE ODJectlOn
that after nine years had elapsed it was
necessary to depend sometimes on cor
roborating circumstances for identii-
cation.
Coi.Shelby cOunter-argued that the i'll
PRODUCTION OF the conversations and let
ter after the institution of the suit, and
when, without making any charges in
this instance, it would be easy to fabri.
cate testimony, was manlfestly i'm
proper.
The hour for adjournment had ar
rived, and as Mr.. Butterworth asked
time to consult authorities the court
adjourned, leaving the testimony at the
crucial question.
She Sues Her Brother.
CHICAGO, March Is. = Charges of
fraud, are made by Flora Caruthers
against her brother Malcolm McNeiiI as