Evening star., 1894-04-11

I
| against his own temptation; all this for the
| sake Of making his fall the worse.
| 1t the course of his speech Mr.. Butter
worth spoke of the way the defendant was
| talked about. If he smiled the people said
| he was careless. If he laughed they said
| he was heartless, soulless. If he looked
grave they said he was overcome with re-
morse. He really did not know what way
| of bearing himself was left for the defend
| ant.
while. as for the plaintiff.' said Mr.
| Butterworth, 'if she should chance to smile
they all say she is smiling through veil
| of tears"
| Interrupted by Judge Bradley.
Now, Mr. Butterworth," said Judge
Bradley, interrupting him, don't you think
you had better confine yourself to the
| subject-matter of the case. There is moth
ing of that sort in evidence"
Mr.. Butterworth seemed to think that
that line Of argument was quite proper.
and started to argue the point with the
| court. Judge Bradley insisted however
! that If there had been any such talk it
had taken place outside of the court and
| In the newspapers, and was something of
which the jury were not supposed to have
any cognizance. NJ. Butterworth might
comment upon the bearing and appearance
| OF the parties in court, and not upon COM
mentS.
The Plaintiffs Age.
Mr.. Butterworth yielded gracefully, and
leaving that sort of argument, went on
with his speech. Neglecting generalties for
the time being. he went back to the details
of the case, beginning with the matter of
the plaintiffs age. She had tried to make
herself out younger than she really was,
and this he regarded a very significant
fact. He pointed out that in 1882, when
she must, according to her own statement,
have been only fourteen years of age, she
was engaged to be married. Then he
read letter from her at that date to Owen
Robinson, in evidence in this case, to show
that IN reality she was matured young
woman, knowing all that she should have
known of life. This, he thought, put quite
another phase upon the whole matter, and
the question narrowed down to this: Was
the woman the defendant took out to drive
that night in hack weak, inexperienced
girl, or did she really know what she was
doing? 1t looked though she did when
she spoke of love for a white-haired mar
ried man. and even went so far as to think
of marrying hlm herself when his wife
should die The plaintiff was not nearly
bashful and retiring she would have
people to think, even as far back 1SS2
as was proved by this letter to Owen Rob
inSon.
This letter Mr.. Butterworth spoke of as
beyond a doubt a love letter, and then he
read another for he said he did not intend
10 leave the plaintiff until he had shown
what manner of woman she was. This sec
ond letter referred to the good times she
had had with owen Robinson in the sum-
been rather precociouS for a girl of her
years. Rather, ii cast a strong light on her
statements that she had lived a rather
friendless youth. free from all love passages
and close intimacies and was an innocent
Suile!eSS girl when she met Mr.. Brcckin-
ridge and became to him as clay in the
hands of the potter"
The next incident in her life the lawyer
said, that cast a light upon the character
OF the girl was her meeting with jim Rodes
Her statements all along had been that her
chlef desire at this time was for an educa-
ton that she might have a chance in life
She had before her woman who has made
success in life, starting out with little to
AID ner but her own efforts He referred 70
Mary Anderson, TO whom he paid the high
est sort of tribute a woman and a
genius.
The Contract With ROdes.
But Miss Pollard met Jim Rodes at this
ume, and the result was the making OF a
contract. the like of which was never heard
OF before in free republic nor ever will
be again. In point of fact, no such con-
tract ever was made. If it had been the
mother of the plaintiff, who. it is claimed,
was party to the contract, would have
known of X. and should have been brought
as witness in this case Ii was strange
that this had not been done But some
how the lawyers for the DlIintiff had a
curious propensity for summonng Wit
neSSeS, who were remarkable chiefly for
the amount they did not know, and of prov
ing their material points by witnesses who
don't know anything about the case. They
could not say that for the plaintiffs asso-
citation with Col. Breckinridge her mother
had cast her off. There was not a line of
testimony to support such n statement,
and they had not made it. They could not
make it. The mother never foTgetS a way
ward child, though the father may a
mothers heart never grows cold.
The plaintiff had been convicted of inju-
dicious. careless conduct to put ii mildly
This was proved beyond a shadow Of doubt
by the testimony of Molly Shindlebauer.
The plaintiff lawyers had attempted to dis
prove, or. at least, to discount this testi-
mony, but without avail They had asked
the jury to ignore and diSbelieve her state
mentS, the statements of a woman who, 1t
is true, had strayed from the straight and
narrow path, but she had honestly repented
herself of her sin. She was penitent Mag
dalen, and had lived an honest life since as
the wife of honest man. And in prefer
ence to the testimony of that woman they
asked the jury to believe the statements of
a woman who had chosen a life of sin and
chose to cling to it rather than to turn
aside. If the plaintiff was the innocent girl
they had attempted to show, why had they
not brought witnesses from over in Ken
tucky, where she was well known, and
where she had lived that simple ideal life.
In reality the plaintiff had built her case
upon foundation of sand.
At this point in the argument the court
took the usual noon recess.
After Recess.
Mr. Butterworth took up his speech again
after recess, devoting his attention to the
plaintiff at the time of her life in Cincin-
natl, after leaving Notre Dame Convent
AS to the motives that led to her going to
Cincinnati Mr.. Butterworth said that it had
pleased Providence to leave earmarks here
and there in her story, 50 that they might
discriminate between what was true and
what was false. Throughout all this time
he begged to call their attention to a condi-
ton of mind on the part of the plaintiff
as far possible from what she claimed it
was. She was, in fact, an altogether diff
ferent woman from what she wished to
make herself out, judged by the standards
by which we must all be judged here and in
the hereafter, by the deeds done in the
body. The character of the woman is indi-
Gated in everything she did as clearly as
can be.
Taking in his hand the Wessie Brown let
ter. Mr.. Butterworth called their attention
to the fact that it was written months be-
fore she met Mr.. Breckenridge. He read it
over to the jury again, stopping frequently
to point out that such sentiments as the let
ter contained were not those of woman
such as Miss Pollard wanted them to think
her.
She spoke of her 'joyess life" Speaking
of this Mr.. Butterworth said "a jOyleSs
life? home, with devoted mother sisters,
brothers and friends. If that is what goes
to make up joyless life what joyless life
must be that of our sisters and daughters!'
This remark of his gives an idea q the