Evening star., 1894-03-26
he said, utterly unfit to lie read in Ii
presence of a court.
ROseIFs DepOsitiOn Admitted.

Referring to the objection to the deposi-
ton of Rankin Rosell. the court ove-ruIed
it. The plaintiff, he said, had put her life
in issue to a certain extent, but by her
declaration and the statement Of her own
counsel and her own testimony, she had
made certain matters material, which
otherwise would have been ;mme te..ial-
for instance. her age, her maturity, and her
ability to take care of herself. ohe jury
and defendant were entitled to whatever
light might be thrown on these Question IS
by proper examination of witnesses. So
he would permit the reading of the deposit
ton of Resell as whole, subject to ob;ec-
tons that might be made to certain ques-
tions and answers.
A Suggestion rs to DisguSting Details.
Judge Bradley here remarked that he had
been delused with anonymous letters con-
corning this trial Anyone who writes an
anonymous letter. he said, Ought to ex-
pect to have no notice taken OF it, 1t is
said that person who would write an
anonymous letter would do any other mean
thing. There is one suggestion, however,
contained in these Iettars-some Of them
evidently written by women and by people
actuated by pure and proper motiveS-that
was directed to the public press and the
publica ton in the newspap pers Of the de-
tails OF evidence in this case. The court
cannot exercise or presume TO exercise any
censorship OF the press. I would, how
ever. suggest TO the correspondents and
representatives of the press that it is in
the interest OF this cominUuIIy-nOt only Of
this community, but of every community
where these newspapers ao-lhat SO tar rs
possible. and l think it IS possible, all dis
gushing details OF matters that have been
deemed essential and material TO admit as
evidence in this case be withheld from pub
Hcatt0n. There are some matters that in
my Judgment, would render their publica-
ton sufficient to exclude the newspapers
themselves from the mails L trust, IN the
interest of the people, of the city of COM
munities everywhere. and Of the families
mo Wmcn these newspapers go from day
TO day, that these details Will be withheld"
Defense Notes Exception.
Mr.. Butterworth announced that the de-
fendant noted an exception TO The Judges
ruling, excluding the iepositions of Drs.
Green and Lewis. and said the defendant
might want to refer more particularly to
DR.. Lewis deposition hereafter.
MIR. Bailey's Deposition.
The first deposition read was that of
Joseph c. Bailey of Versailles, KY, and
clerk of the Woodbridge circuit court He
described the records OF the court, and said
that he had before him the order book
from April 4. 1881, to October, 1884. In
January, 1854, there pending an IN
Gicunent for murder against o. u. and r.
p. Brown. Col. Breckinriige was present
at the trial againstOllie Brown as his coun-
sci. The charge against +. p. Brown was
not pressed, as II was seen there was no
case against him. MIR. Breckenridge made
a speech on the last day of the trial on
the l3tn of April motion was made TO ad-
nit to bail. and Mr.. Breckenridge was pres
ent in court on that day. On August 3.
1854, the trial was begun, vita the parties
TO the trial present.
The deponen- then read from the records to
show what was done ON each day after the
trial was begun. on Saturday. August 0,
W in tI.a
parties present, and was continued ON the
l1th, 18th and 18th of August, and the case
was submitted 70 the jury on the 18th. On
the 18th the jury was discharged, having
failed to agree on a verdict and the de-
Iendant was, on the following day, admitted
to bail From the 5th to the 10th Mr..
Breckinridge was present on every day that
the trial OF o. D. Brown was in progress.
The trial was begun a second time en- De-
cember "a, 1854, and lasted through TO June
10, 1885. Mr.. Breckenridge was present ev-
cry day. The trial was taken up July 13,
and a verdict was rendered July %, 1855.
On the following day the defendant filed a
motion for new trial. and on the 25th it
was overruled.
On August the attorneys for the de-
fense filed a bill of exceptions, and wee
also In court the next two days Mr.. Breck-
inridge was present all the time and every
day the case was before the circuit court
at Versailles.
CrOss-ExnminatiOn.
that Versailles II Ii miles from Lex
ington by railroad. ard person could
drive it in one and a half or two hours.
Deponent remembered Mr.. Breckinridges
being at the trial very distinctly Some
times he stayed all night and sometimes he
would come In a buggy frCm Lexington.
On several occasions Mrs. Breckinridce
came with her husband. When he was in
versailles MIR. Breciinridge would stay
either at Mr.. Rout's house or at the hotel.
Mr. Rout was relative of his At the r.
r Brown trial Mr.. B-eckinridge was not in
attendance. In the Ollie Brown trial pretty
much every attorney IN Versailles took
part but Mr. Breckinridge was the most
acuVe Tor the defense and made the most
speeches.
Ine deponent, on crcss-examination told
OF the progress Of the trial. showing what
was done each day, and said that to the
pest or his recollection Mr. Bre,.kinri7sa
Vas IN versailles every day. He could
stayed over. Some days but Ii;tIe was
done in court and it was not necessar-,
TO stay very long. but Mr.. PrecIIinril,,e
usually drove down from Lexington in a
Dusgy and made it his practice to stay all
DAY. he was an active. har1-wOrking at
tCrney in the case and spent much of his
time engaged upon its details The deposi-
ton went at some length into each Cay's
doinSs while the case was going on TO End
cut what reasons the deponent had for
saying That Mr.. Rreciiinridge spent The
NiiOiG heiy III NeTSdllleS, ana the result
was that the deposition was rather long
drawn out and devoid of any great amount
of interest.
Mr. Nailace's Deposition.
The deposition of Mr.. Ed. NJ. Wallace,
lawyer Of Versailles, was then read Mr..
Wallace was associated with Mr.. Breckin-
ridge IN the Brown case which was tried
three times in Versailles, resulting finally
In a conviction for voluntary manslaugh-
ter. His deposition was corroboratiVe Cf
the one preceding to Mr.. Breckinridge's
presence in Versailles on these various oc-
casions. MIR. BreCkinrilge. he said. was
present all through these trials. examined
most of the witnesses and made a speech
for the defense At this time there was
no railroad direct from Lexington to Ver-
saliles, but only part way. Mr.. Breckin-
ridge used his buggy and sometimes a
hack, but occasionally stayed over night
with his relative, Rev. Mr.. Rout.
Judge Rodney Haggard.
The deposition of Judge Rodney Hag-
gard of Winchester KY, was then read
In 1884 he was the local attorney for the
c. and o. and the Kentucky Central rail-
roads and Messrs. Breckenridge and Shelby
were the general attorneys for these roads
for that section. In 1881 there were suits
against both roads the docket of the
court growing out Of an explosion in Win
chester. Mr.. Breckenridge had a general
= n he aY11 IL,