New-York tribune., 1894-04-14

WOMAN-THE CASE TO 60 TO
THE JURY TO-DAY.
Washington. April l2-The Pollard -Breckinrdge
will be given to fhe jury tomorrow 10 decide
whether William c. =. Breckenridge contracted TO
marry Madeline Pollard and If 50 what damages
shall be awarded her for his breach Of that con-
tract.
Judge Bradley said this afternoon that If the jury
did no, reach agreement before ne left the court
house tomorrow he would instruct them to render
sealed verdict. to be opened Monday morning.
How long he viii remain in The courthouse may
depend on what time the case goes 70 the jury.
The beginning Of the end was marked fhs morn
ing when Judge jeremiah NJ Wilson began his clos
ing argument for the plaintiff. Judge Wilson s
voice is keen and penetrating. and when II rose IN
accusation againa' the defendant who sat unmovel
beneath the terrible fire OF words It particularly
effective lie held the close attention OF the jury
throughout the day. lie raised a laugh by remark
ing that the plaintiff and defendant like Mary
and the lamb. wherever Madeline went "the lamb
was sure to CO." Toward fhe close of the day he
offset the plaintiffs evidence against that of the
defendant and asked the jury climax which
they would rather beeve-thc plaintih, or this man
who acknowledged chat he had lived Il lie for ten
years, and had lied 10 keep other people from that
knowledge and who had falsifed even his marriage
certificate?
Judge Wilson is a tall. spare man. with narrow
shoulders very thin face. accentuated by prom
inen, Roman nose. and hardly looks the powerful
speaker that he is. Starting quietly in tones so
low they could scarcely be heard, Judge Wilson
gradually allowed his powerful voice full sway,
hurling accusation after accusation at the white
haired Kentuckan. The plaintiff not present.
Neither was Major Buterworh at the opening. but
he came in with Desha Breckinridge just as Judge
Wilson was regretting his absence that he could
ask him what he would do with the fallen woman
and the who injured her. Il suppose" said
Judge Wilson, "he would say. would turn the
L a he IN d
PLEA FOR JUSTICE
II stand here for womanhood" Mr.. Wilson said.
This defendant proclaimed from the stand that
while affairs Of this kind only injured man they
destroyed a woman | here to insist that the
social law shall be equally Distributed stand here
to protest against allowing this to enter my
paror and your parlor. while the basement door
and the gate in the back alley bolted against
the woman. / would condemn him if | could
that the condemnation would ring around the
world
The defence of the country girl by Major Butter
worth was criticised severely by Judge Wilson,
who also took up the remarkable speech Of Colonel
Phil Thompson. and to each of the historical and
Biblical incidents referred to by that speaker gave
q turn hostile to the defendant Colonel ThompsOns
sneer about female doctors made the for
a defence Of the advancement of the higher educa-
ton of woman who had too long been the drudge
of man. Thompson had told the jury that the plain
tiff was wanton, but said Judge Wilson, 'Cal her
what you will. I will show that whatever she is
that defendant (and he pointed an accusing finger
at Colonel Breckinrdge) is responsible for her
dition What is the argument OF Colonel Thompson
and Major Butterworth? 1t is not that this seven
teen -year-old girl betrayed by this fortyseyen
year-od man, but that she led him astray That's
their argument. II it not serious It would
be ludicrous How could that defendant sit there
and allow the utterance OF such sentiments If he
were not a craven and a coward?'
Major Butterworth had told the jury nothing
whatever about the case, said Judge Wilson. When
he started in to do so he found that he was getting
into muddy water. he said: IN just stand on
the bank and shoot off fireworks"
Judge Wilson's remarks caused occasional laugh
ter and some shuffies of approval which Judge
Bradley rebuked.
THE CRIME OF THE MAN.
There is one thing expect to show. and if l
show it l shall be satisfied said Judge Wilson 1T
is that this woman. frendess, alone, barred out OF
society-that this woman's condition is traceabe
10 the crime Of that man. This is the simplest case
In the world and If you will get out OF your heads
the camor and the shouting Of the defendants $
counsel, you will how simple ii is
Three defences had been made, the principal one
of which was that there agreement between
the plaintiff and defendant pretend that they were
engaged Judge Wilson spoke Of the intimacy Of the
defendant and the plaintiff showing that Colonel
Brecknrdge considered Miss Pollard his equal ana
therefore good enough to be ms VIE e b saF Ebb
House to see his Kentucky friends. Colonel Breck, k,
Judee Wilson that there was no testimony that
effect Judge Wilson insisted that Claude r. Ersn, S
els had testified. and added the lawyer, men
asked the defendant about this on the stand ne
u but that is not So" said Colonel Breckenridge in
Il can't have these Interruptions by outside par
ITO what do You refer, Your Honor asked Judge
Il mean these interiections by the defendant"
Does Your Honor mean that ! have no rlght
to represent myself here" asked Colonel Breckh-
ridge. in surprised voice. ,,,
Il mean you, are represented by counsel: who Will
speak for you Judge Bradley said mpatiently.
But / have a constituuonal right to represent
Honor decides 1t, ia like you to say So" but
Judge Bradley did not answer and Judge wilson
continued
1T WOULD HAVE BEEN BIGAMY IN NEW-YORK
Taking up the alleged promise Of marriage, Judge
Wilson spoke Of the intimate social relations be-
tween Colonel Breckinridge and Miss Pollard lay
ing great stress on Mrs. Blackburns testimony that
the defendant had repeatedly told her he loved no
one but Madeline Madeline mind YOU" said Judge
Wilson. not Miss Pollard" and that he had not The
slightest intention of marrying Mrs. Wing. The
promises of marriage befor. Major Moore were
made after the defendants secret marriage. and the
defence had sprung tins secret marriage upon the
plaintiffs counsel thinking that would Overwheim
defence fell to the ground. Their surprise was not
sprung soon enough for the omnisclent pencil push
had found II out and il came into the possession
of the plaintiffs counsel and spoiled the game. I'm
pressively Judge Wilson told or the scene IN MAJOR
Moores Office when the paintin and the defendant
clasped hands. and despite the fact that the de-
m had Sfs4 ] bed4 gh SqaTn Sr ha on Ss
last day of that month he would make her his wife
"He should be by her side to-day" cried Judge
Wilson Instead OF being her defamer. he ought
TO be her guardian and protector to-day. II that
promise had been made In the State OF New-YOrk |
II would have been binding contract. a marriage |
and II he had made II while he already mar |
rled. il would have put him behind barred doors.
1.-The defence in this action was" said Judge VII |
son. quoting Major Shelby. that the plaintiffs |
cbara had he afrnf.g rhere
her bad. they said ana this bright scntlatingl
glittering eervescng defendant could not afford 10
marry a like that In that beautiful b.ue !
grass region where OF the bravest. best and !
nobest and women from nobody in |
that region could that the general character OF