The times. [volume] (Richmond, Va.) 1890-1903, 1894-04-10

ments are not TO be taken as constitut-
ing or evidencing the existence of a
| contract 10 marry
The jury are instructed that the bur
\ den OF proof to establish the contract
! sued on is upon the plaintiff. and that
they should find for the defendant. unless
they believe from all the evidence in the
case that II was mutually agreed b.
| tween the plaintiff and the defendant
that they were in fact 20 be married
Even If the jury should ind from the
evidence That contract Of marriage was
entered INTO between the plaintiff and
me DEFENDANT yet, n they further find
from the evidence that prior TO that time
the plaintiff had been guilty OF lewd and
iascivious conduct with other men. and
that such fact was unknown TO the de-
,ehu"nt then the defendant was not
DoHnd by such contract but was bv said
fact Of prior lewd and lascivious conduct.
II ~ mad existed. released from any obli-
ea,lon 10 marry the plaintiff, and had the
llSnt 10 refuse 10 perform such contract :
ana thlS Is so by reason OF said fact III
II had existed. whether at the time OF his
refusal or not. he knew OF such prior
iewd and iascvious conduct.
II the jury shall find from the evidence
mat the plaintiff had been guilty Of lewd
and lasciWous conduct with a man named
defendant had condoned such acts with
said Rhodes. yet. II they find from the
evidence that the plaintiff had been guilty
OF lewd and lasciviOus conduct with some
other man. the verdict must be for the
defendant. even If the knowledge of such
conduct did not come to the defendant
until after his refusal TO marry the
plaintiff
If the jury find from the evidence that
there was a contract OF marriage between
the plaintiff and the defendant and also
fail to find that the defendant has been
relieved therefrom. they may. in mitiga-
tlon Of the damages. consider the plain
tins general character. II the same was
bad. and they may also consider for the
said purpose. the PLAINTIFFS admitted want
Of virtue. unless they believe that she was
betrayed 10y the defendant.
Each side noted exceptions 10 the
judges action in admitting instructions
for the other side and in excluding such
Of its own as were not allowed Major
Ruttcrworth and Judge Wilson each made
an appeal TO the Court not TO set "A limit
Of time on the argument and Judge
Bradley granted the requests, with the
understanding that counsel would not
take up too much time.
CARLISLE BEGINS FOR THE PLAINTIFF.
Caldcron Carlisle then began the open
ing argument for the plaintiff Without
any attempt at Oratory. he told the
jury that in his opening statement
month ago yesterday ne had been exceed
ingly temperate. because he could not
know that all his statements. and more
than these had been proven. He agreed
with Major Butterworth that there were
three parties TO the suit. the plaintiff.
the defendant. and the community. ana
he pointed out the full accounts in the
newspapers Of the progress Of the trial
as evidence that the community was deep
~ interested lie asked the jury TO con-
slider its duty TO the community, and
promised TO point out later on what the
community had a right TO expect. Before
going into the legal aspects of the case.
Mr.. Carlisle reminded the jury Of the dis
tlnguished career Of the defendant, and
the advantages at his command in pre-
pairing his defence Mr. Carlisle said
that the defendant had known the father
Of the plaintiff. who. though AN humble
saddler, was yet a prominent Mason and
Odd-Fellow.
He sketched briefly the life OF the
plaintiff up to the filing Of the suit, a
period ranging from 1876. when her father
died, until 1893; and incidental 10 this
he paid his compliments 20 Mrs. Molie
Shillingbauer II had been shown by repu-
table witnesses on the stand Mr.. Carlisle
said. that during the period covered by
Molie Shillingbauer-1S77- 7S-the plain
tiff was in Pittsburg. Pa. and not in
or near Frankfort Ky, as the Shilling
bauer woman had testified. As TO Brant
and Kaufman. who swore they knew
the plaintiff as the inmate Of Lena Single
tons disrcputabie house in Lexington,
KY. Mr.. Carlisle said IT was shown by
reputable witnesses that the plaintiff had
not spent a single night in Lexington
during the period fixed by "the two con-
stituents Of a congressional district, as
Mr. Carlisle called them, and, further
than that Il had been shown that the
house fixed upon by one of these young
men. "in the exuberance of his magma
ton" as the place where Madeline Pol
lard lived with Lena Singleton, was not
built until 1885, II ask you, gentlemen,
Mr. Carlisle said, mot TO believe the
story OF two such disreputable characters
as John Brant and Hiram Kaufman.
PAYS his RESPECTS 10 HOWELL.
Then he took up the attack on the
plaintiffs character contained in the
testimony of Mr. Rankin Resell, who said
he broke his engagement with Miss Pol
lard because He did not like the way
she allowed him to caress her. Il
think every one here has formed an i'm
preston Of Mr. Resell in the beginning
when he testified here / got one, and
think you got the same" lie told how
Resell had kept the tin-types of Miss
Pollard and himself for all these years
and then turned them over to the defen-
dant. and had come TO Washington TO
saw that he had sat in the open reccp-
tion-rooms of Wesleyan College two,
three. or four times a week for from an
hour and half to two hours, with
Miss Pollard in his lap. He placed
against the testimony Of Resell that
given by Mrs. Brown, the vice-president
of Wesleyan College, which was that
visitors were allowed to come 10 the
college one night a week only, and that
Resell was no exception to this rule.
To more fully show the character OF
Resell. reference was made to the fact
that he had been forbidden to visit the
college.
Now" said Mr.. Carlisle. I'VE get to
1884 and from that time forth there is
not even an attempt to attack the charac-
ter of the plaintiff so far as il relates
to the defendant himself. / am not for
getting the slurs he has cast out con-
corning this plaintiff. and old man
Rhodes; l am not forgetting the slurs
he has thrown out concerning the chill
dren she has borne; l am not forgetting
the slurs concerning her presence with
him at disreputable places am bear
ing them all in mind. and l shall refer 10
them when the time comes. but | want
YOU to remember that there has not been
a claim that she was guilty of any bad
conduct with any other man than the
defendant, from 1884 until this suit was
filed"
Aleck Julian, Miss Pollards Blind Bar
nabas." was hauled over the Goals by