The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1894-04-15
CLOSING ARGUMENT.
Mr.. Wilson ProvOkes Mr.. StoIl and
the Latter Makes Threats.

Mr.. Wilson Provokes Mr.. StoII and
the Latter Makes Threats.
When ex-Judge Jere Wilson resumed his
argument this morning 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.. Stoll, of Ken
lucky. Judge Wilson started his speech
with great earnestness. After the specific
charges against the character of his client
had been disposed of. he said the charge
of the defendant that Miss Pollard had
been intimate with Rhodes was not wor-
thy of belief, because Colonel Breckenridge
had admitted that he knew of it long be-
fore the year of the first talk of marriage.
Entering upon a discussion or the testi-
mony of Colonel Breckenridge, Mr.. Wilson
started with the proposition that the
plaintiff and defendant took the stand
upon equal terms. The same credibility
attaches TO the testimony Of each where
it stood alone, but there was vital diff
ference, namely that the statements Of
Madeline Pollard were supported
by other most credible witnesses,
while Colonel Breckenridge must
ask that his word stan1 uncor-
roborated. Miss Pollard was sustained by
Mrs Blackburn, by Mary Yancey, by Mr..
Francis, by Mrs. Lowell. Colonel Breckin-
ridge was contradicted by Sarah Guess,
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 of Mrs. Low
ell Mr.. Wilson pointed out that Colonel
Breckenridge had not at the outset denied
that he wrote those letters, and that he
had fenced adroitly against the questions
until he secured an admission that they
were destroyed and could not rise to con-
front him. Then he denied it absolutely.
Then, turning to another point of the tes-
timony as showing the credibility of the
defendant, Judge Wilson melted an angry
passage of words This was not the first
time he had been seduced," he said, level
ing that bony forefinger of his at the Col
onei from Kentucky, for he tells you that
he knew the house of Sarah Guess; he had
been there before with some other siren
before my client had led him astray."
Colonel Breckenridge interposed a re-
monstrance. Now, your Honor he said,
leaShlg forward. there is not the Slight
est baG evidence baG tSfr of that heor merely said that
Il believe you are correct" said Judge
Bradley. That is all you said"
You had better denied it on the stand,
if you wanted to-" said Mr.. Wilson to the
defendant.
Il was not asked to-, replied Colonel
well, you cannot testify now
This is the last chance, and I want the
testimony quoted correctly. L want to set
your errors right"
NATURAL DEDUCTIONS.
Il am merely arguing on the probabilities
of the CASE declared Mr.. Wilson. Draw
ing the natural deductions from evidence.
If / had asked who you went with to
Sarah Guess before there would have been
a 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
Attorney Stoll-"There is no evidence
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 to take the client there"
Gentlemen, there were written on stone
ten commandments" said Mr.. Wilson.
pickings up the thread of his argument
lone of which was Thou shalt not commit
adultery This defendant admits over and
over again, that he has violated that one.
not bear false Witness and if man shall
violate one of these commandments and
be caught in the tolls of the law, is it not
possible that under such straits he may
violate the other?'
Every other point of the defense having
been disposed of Mr. Wilson said there
remained but the statement of the defend
ant that there a mutual understanding
that the contract to marry should not be
carried out, and that he characterized
picturesquely "a clean-shaven, bald
headed, obese falsehood' manufactured to
fit the exigencieS of the case. He discussed
the probability of a woman about to give
birth to a child consenting TO such an
arrangement and reviewed the testimony of
Breckenridge had taken the aggressive in
proclaimlng to Mrs. Blackburn the engage
ment, and declaring that he never intended
and that her jealousy of Mrs. Wing was
absurd.
The attorney asked. Where is my cli-
ent?' and called upon the jury to witness
that the defense had not spared denuncia-
tions of her. The defendant himself had
told Mrs. Blackburn that she was of hum
bic, but respectable, origin. and of natural
talents. He pictured the desolation of her
home when her father had left the family
the Odd Fellows Home, her mother going
to the house of one relative and she to an
aunt in Pittsburg. Mr.. Butterworth had
told or her ambition, her talents. and also
paid a tribute TO Mary Anderson. In her
own way, if her life had been permitted to
take its natural course, the plaintiff might
have attained great distinction as Mary
Anderson, and this made the crime of the
defendant in perverting her life all the
blacker. In. her childhood she had been like
a bird in a cage, beating against the bars
or environment.
FORGERY CHARGED
Discussing the circumstances of her child
hood, he referred to the disputed letter, de-
claring it to be of no consequence, but he
would brand it as forgery, manufactured
for the purposes of the third plea. adding,
And this is not the only piece Of rascality
manufactured for this Defense" 1t was a
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 correspondence this was the only letter
produced. Hereupon Mr.. Wilson wanted TO
read TO the Judge. as he said, an opinion
Of the courts on the value of expert testi-
mony. IF ii is proper for me to read this
now" he said, Il will do so. If not l will
pass Ii up to your Honor.
rs there any objection asked Judge
Bradley.
Mr.. Stoll said: II think he had better
hand 1t UP. If we had time we could pro-
duce a dozen authorities on the other side"
Mr.. Wilson, having made his point on the
jury, passed up the book TO the Judge. and
proceeded to declare that experts were paid
according 10 the strain upon their con-
sciences. There would be a scandal from
expert testimony until legislators stipulated
that unbiased experts should be appointed
by the courts. He cited the Morey letter as
evidence of the fallibility of the expert
testimony and then stirred up the fercest
passage Of the trial by stating that the
Wessie Brown letter. from which this had
heau had haa nv de-