People's voice. [volume] (Wellington, Sumner County, Kansas) 1890-1917, 1894-03-16

wiz L OAAoA NJO.OOU
breach of promise suit in the criminal
court room this morning, a group of
fashionable young women backed by
row of solemn matrons, all brought
thither by curiosity, gathered on the
seats back of the reserved space and
eyed Miss Pollard, who came in with
downcast eyes and wrapped in her
long black cloak and the congressman
defendant and his sachel of documents
who followed so closely after that the
two parties seemed to have come to-
gether.
Judge Bradley leaned back in his
padded leather chair while the roll of
jurors was called. This was no sooner
finished than the judge remarked:
MIR. Marshall, l wish you would re-
quest these ladies to vacate the seats
unless they are witnesses in the case. -"
Thereupon Marshal Wilson re-
quested the women to retire. They
went with clouds of disappointment
overspreading their faces and such a
babbling of anger that the Judge was
obliged to rap sharply for order. Few
spectators were left after this exodus
but among them were half dozen Of
the defendants fellow members of
congress.
First in the proceedings. Attorney
Carlisle for Miss Pollard represented
to the court that the four mysterious
volumes of Washington Irving taken
from the Cincinnati convent and
ordered on Friday to be produced had
been filed with the clerk of the court
in a sealed package, with the indorse-
ment that they were sealed by agree
ment of the counsel, to be opened
under the direction of the court. This
reOpened the controversy over the
Identification of the volumes, but it
was soon disposed Of by the Judge.
OBJECTIONS TO DISPOSITIONS,
Mr.. Butterworth then gave notice
of objection to be made to certain de-
positions which, he said had been tax
en- improperly. Mr.. Wilson was pro-
ceeding to put in a deposition, when
Colonel Breckenridge asked to see it
and told his lawyers to object because
it was written neither in the hand of
the deponent nor of the justice of the
peace. He became visibly excited and
nervous over the matter.
This first deposition offered in the
case was by Sarah Cess. Mr.. Butter
worth raised the objection that no no
tice of its being taken had been
served upon the defendant. Consider
able time was consumed in consulta-
ton before Breckinridge's law part
ner, John L. Shelby of Lexington,
KY, rehearsed the objections. Notice,
he said, had been served upon attor-
neys who had represented Colonel
Breckenridge in some of the prelim-
inaries, and who according to cor
respondence read, protested that they
were not attorneys of record, nor con-
nected with the courts of the district
of Columbia, having appeared for the
swearing of witnesses at the request
of Colonel Breckinridge's son. Notice
had been served upon Mr.. Shelby
also, and he represented that he had
filed notice with the officers before
whom the dispositions were to be
taken stating that he was not attor-
ney of record and had been merely
empowered to appear for Colonel
Breckenridge in the preliminaries. In
his statement to the court he urged
that the law required notice to be
served only on the defendant or his
attorneys of record. He made the
further point that there was nothing
to show that the law directing that
dispositions shall be reduced to writing
by the deponent or the officer before
whom they were taken had been COM
| piled with.
CARLISLE MAKES CHARGES.
Mr.. Carlisle accused Mr.. Shelby oil
lack of frankness in not saying thai
notice had been served on him Marcel
3, but that on account of the defend.
ants instructions the taking of deposi.
sitions necessarily had been postponed
to March,. Some affidavits regarding
the taking of the dispositions in Lex
ington were read by Miss Pollard Sat
urday, showing that several notarie,
of Lexington had refused to take the
dispositions for various reasons, one
making the excuse that he did no
care to be mixed up in the case anC
that his brother was an applicant fol
federal position and would incur tn,
enmity Of Breckenridge and his friend
by any connection with the case. From
an affidavit by Attorney Bullock, whC
had represented Miss Pollard in Ken
lucky, it appeared that her lawyer:
had found it necessary to go the state
capital at Frankfort and procure
commission and bondSmen for ont
Mclaughlin to oficiate as notary pub
lie, before the dispositions could b.
taken. Mr.. Shelby had once answere,
that he was instructed by Colone
Breckenridge not to accept service il
the case. Colonel Breckenridge hat
never been present when deposition
were taken, but had several attorney
representing him there in Kentucky
among them his partner.
Mr.. Shelby then arose and said tina
if there was to be any question of tn
fact the defendant would like oppol
tunity to file afidavits concerning i
Thereupon the matter was for tn
time deferred.
A HIGH TONED WITNESS CALLED.
A fashionably dressed, smooth faced
bespectacled young man who CAV
his name as Claude la Roche Franci
first cousin of Ward McAllistt
and the nephew of the Marqu
la Roche, chamberlain TO th
pope, who said that his res
dence was in New York, but thu
most of mis- time was spent in Europ