The Washington times., 1894-04-15
LAST OF THE ARGUMENT.
Picture in Detail of the Last Day of
the Trial

LASI OF IHE GtMENI.
Picture in Detail of the Last Day of
the Trial.
Judge Jere Wilson was yesterday again the
central figure in the final day of the Pollard
Breckinridge case Although he promised to
curtail his speech as much as he could consist
entity with the rights of his client, 1t was appar-
ent from the detail with which he entered into
the discussion that he would consume half of the
day Madeline Pollard the plaintiff, was not in
the court, but the Breckinridges, father and son,
were in their usual places. but attended by none
OF the lawyers except Mr Stol, OF Kentucky.
Judge " ilson started his speech with great
earnestness. All of the specific charges against
the character OF his client had been disposed of,
he said, except the charge resting solely on the
word of the defendant, that Miss Pollard had
been Intimate with Rhodes According to the
law, as it would be laid down by the court, how
ever, this matter cut no figure at all, even II II
were worthy of BELIEF, because Col breckinridge
had admitted that he knew of it long before the
year OF the first talk of marriage
Entering upon discussion OF the testimony OF
Col. breckenridge, MIR Wilson started with the
proposition that the plaintiff and defendant took
the stand upon equal terms. The same CREDIBLE
ity attached to the testimony OF each where it
stood alone, but there was one vital difference,
namely, tlat the atements OF Madeline Pollard
were supported by other most credible witnesses,
while Col BIeckinridge must ask that his word
stand uncoroborated.
by Mary lancey, by Francis, by Mrs. Lowell
Col Breckinridge was contradcted by Sarah
Cess, and it would be shown that her testimony
was infinitely more credible than his. sarah
had testified that he came TO her begging her not
to tell what she knew of the case
In discussing the testimony 4 Mrs. Lowell, Mr..
Wilson pointed out that Col breckenridge had
not at the outset denied that he wrote those
letters and that he fenced adroitly against the
questions until he had secured an admission
that they were destroyed and could not rise up
n confront him Then he denied II absolutely.
Then, turning to another point of the testi-
mony as showing the credibility of the defend
ant, Judge Wilson melted angry passage OF
words
This was not the first time he had been Sc
duced," he said, leveling that bony forehnger at
the Kentucky colonel, for he tells you that he
knew the house OF Sarah Cess he had been
there before: some other siren before he met my
client had seduced him.
Col Breckenridge interposed remonstrance
''Now, your honor said, leaning over the
table, there is not the slightest statement of
that before the jury not the slightest evidence OF
that l merely said that had been there be-
FORE
II believe you are correct" said Judge Brad
ley. THAT is all you said ."
"You had better have denied it on the stand II
you wanted to- said Mr.. Wilson to the defendant
II wasn't asked" replied Col Breckinricge.
''Wen you can testify now"
This is the last chance, and want the testr
mony quoted correctly. / want to set your errors
right"
lam merely arguing on the probabilities of
the case declared Mr.. Wilson; drawing the
material deduction from the evidence. II had
asked who you went with TO Sarah Cess before
there would have been half dozen lawyers on
their feet"
But you did not ask it." retorted the colonel
"But he knew Mrs Rose in Louisville" said
Mr. Wilson, turning to the jury.
Attorney Stoll-"There is no evidence that she
kept an improper house then"
Mr. Wilson-"Ah, but he met her on the street
She gave him her card indicating her business
he knew her so well that he knew how 10 take
my client there"
@Gentlemen there was written on stone ten
commandments said Mr.. Wilson, picking up
the thread of his argument, "one of which was
Thou shalt not commit adultery This defend
ant admits that over and over again and has
violated that one. On the same stone is written
Thou shalt not bear false witness, and If a man
shall violate one of these commandments and be
caught in the tolls OF the law, is II not possible
under such straits he may violate the other
Every other point of the defense having been
disposed of, MIR. Wilson said there remained but
the statement of the defendant, that there was
mutual understanding that the contract to
marry should not be carried out, and tina; he
characterized picturesquely as "a clean-shaven,
bald-headed. OBESE falsehoOd,' one manufact-
ured to tit the exigences OF the case.
he discussed the probability OF a woman about
to give birth TO child consenting to such an
arrangement, and reviewed the testimony of
Mrs. Blackburn to show that Col. Breckinridge
had taken the aggressive in prociaiming 10 Mrs.
Black burn the engagement, and declaring thas
he never intended TO marry any one but Mad
cline Pollard, and that her Jealousy of Mrs. Wing
was absurd.
The attorney asked, "Who is my CLIENT" and
called upon the jury to witness that the defense
had not spared denunciations OF her The de-
fendant himself had told Mrs. Blackburn that
she was of humble but respectable origin and of
unusual talents. He pictured the desolation of
her home when her father had left the family
penuiless, three of the children going to the odd
Fellows home, her mother going to the house of
one relative and she to an aunt in Pittsburg.
MIR. Butterworth had told of her ambition, her
talents, and had also paid tribute to Mary An
derson. In her own way, If her life had been
permitted to take its natural course. the plain
tiff might have attained as great dis inctiop
Mary Anderson and this made the crime OF the
defendant in perverting her life all the blacker
In her childhood she had been like bird in a
cage, beating against the bars of environment.
Discussing the circumstances of her childhood,
he referred to the disputed letter, declaring it to
be of no consequence, but he would brand it a
forgery, manufactured for the purposes of the
third plea. adding land this is not the only piece
of rascality manufactured for this defense"
1t was common thing for papers to be forged
for the purposes OF the case Expert evidence
was balderdash, sham and pretense and il was
most remarkable that of all the years of corre-
spondence this was the only letter produced
hereupon MIR Wilson wanted to read to the
Judge, as he said an opinion of the courts upon
expert testimony. "lf it is proper for me to read
this now he said, ~ will do SO. If not, will
pass it up to your honor"
"is there any objection asked Judge Bradley,
and Mr.. StoL said: ~ think he had better hand
# up If we had time we could produce dozen
authorities on the other side.
MIR. Wilson made his point upon the jury,
passed up the book to the Judge, and proceeded
TO declare that experts were paid according to
the str in upon their consciences. here would
be scandal from expert testimony until legisa-
tors stipulated that unbiased experts should be
appointed by the courts.
He cited the Morey letter as an evidence of
expert testimony, and then stirred up the
fercest passage of the trial by stating that the
Wessie Brown letter, from which this had been
forged, had been procured by the defense and
carried in Mr.. Stoll pocket
"Nr Wilson," demanded Attorney Charles II.
Stoll, "do you mean to insinuate that commit
ted that forgery"
~ do not" replied Mr.. Wilson; u say some
skillful penman committed that forgery"
ado you mean to say that was party TO it?'
"a say you had the Wcssie Brown letter. Didn't
you? Judge Wilson demanded, flercely, didn't
you?"
~ did" replied Mr. Stoll, belligerently, and
for moment the air was surcharged with bell
ligerency
II do not PROPOSE" thundered Judge Wilson,
shat you shall stand here and traduce my
client by the hour and intimidate me from the
discharge of my duty" Then he rumbied in q
knowing way, Il know some things"
The Wessie Brown letter and the alleged for
gerry were submitted to the jurors for compari-
son, while Mr.. Wilson rested in the chair of the
witness box and the Breckinridge forces con-
ferred
Attorney Stoll dashed off a note and handed it
to the official stenographer, who began to look
over his notes. There was intense silence in the
room, and when the jury had finished their ex-
animation, Mr. Wilson, leaning against the wit
ness box, resumed his argument in his usual de-
liberate tone. One of the Jurors asked TO be
shown iother Of Miss Pollard's letters Mean
time Major Butterworth entered, and Col Breck-
inridge said to him in an undertone, laughing:
"Wilson says that Charlie Ston forged that let