The Washington times., 1894-03-19
TRYING 1T OUT OF COURT.

! 1t has been stated during the progress OF
| person-or persons-unknown. but who. we
are assured. is-or are--on terms of intimacy
and confidence with Col. Breckinridge, first
that his lawyers would undoubtedly rest
their case on q plea of self-defense, later that
| there is really no case whatever because
Breckinridge was married firmly, if secretly
to another woman when the alleged promises
of marriage were made. and finally that Miss
Pollard's case is well-nigh hopeless, for the
| quite sufficient reasons that there were no
| promises of marriage whatever; that Miss
Pollards children were not the Colonels. and
| that really the Colonel was not the initial
cause of Miss Pollard's downfall. We may
thus choose any of three quite interesting &
| theories. it does not seem to matter which,
| but it appears quite evident that this un-
known friend or friends very much desires.
| or desire. US to believe one of them, or per-
| haps all, if we can.
The unenlightened public who are not in
innate and confidential friends of the defend
| ant can only make utterly unwarrantable
surmises as to the reason for this outside trying
of his side before it comes up in court. One
| of these has, of course, been that Col. Breck-
inridge's lawyers are whistling. No one has
the right to think that these doughty Ken
tucky gentlemen are frightened and need
| something to keep up their spirits. No one
| ought for moment TO think that these state
ments that the colonels reputation cannot
suffer, that he is sure of reelection. that the
case is certain to go his way, are result of "a
wish on his part and his lawyers part that
he and they might themselves believe them.
But just such statements have been made be-
| fore with Just such reasons. Il seems lament
ably certain that the sympathies of the aver
age follower of the trial are veering hope
lessly in the opposite direction, and it is so
hard to try a case against unanimous and
strong public sentiment that one can't blame
the colonel's unknown but intimate friends
for doing all that they can to change this.
The trouble with the first theory OF defense
when it was tried on the people was that it
didn't seem quite the right thing for a Ken
tucky colonel to plead the fear of woman.
Naturally the defense, when it saw this, did
not want an unpopular theory. The second
is not yet decidedfon, it seems. Possibly, if
all those promises, they were of no account,
into a belief in his worthiness Of
trust. There may be no ground for
suit whatever in such a small mat
ter as that. But it seems more recently
to be established by preponderance off the au-
thorities that the promise to marry made by a
married man furnished ground for breach
of promise action in case it is accepted in good
faith by the other party, who is ignorant of
his legal disability to fulfill the contract.
Moreover, in another direction there is
the unpleasant circumstances, which the
colonels unknown friend did not at first
think of apparently, that if he were thus
intimate with Miss Pollard after his marriage,
Mrs. Breckenridge would seem to have strong
grounds for complaint. This fact having
been developed, the third line of defense is
sprung. 1t is of course unfortunate for
Colonel Brecknridge that his unknown friend
should have been forced to make such legal
appearing statement Of what is going to be
proven before it is proved. Those who can