Evening star., 1894-04-13
FOR MISS POLLARD
CONTINUED from First Page.)

| are any corrections of the argument they
| must be made by counsel"
Mr.. Wilson misunderstood Judge Brad
| ley's remark for he apologized for having
made the statement il it was an error.
Il was not referring 10 you, Mr.. Wilson"
said Judge Bradley, Il was speaking Of the
| interjection by Mr.. Breckenridge"
do I understand you as ruling that I
may not speak?' asked the defendant.
You are represented by counsel"
But 1 also have a constitutional right
| to be represented II person. 1 simply
wanted You to make ruling on the
Judge Bradley did not answer this at all
but simply went on writing.
After this little incident, Mr.. Wilson
went on with his speech. He said that IL
he had made an error he regretted it. The
point at issue was not whether they went
! to the Ebbitt or somewhere else. 1t SIM
! ply was that they were together all the
| time, and that the defendants actions
| toward the plaintiff were always those of
man toward the woman that he expects
to marry.
! The testimony Of Mrs. Blackburn, Major
Moore and Mr.. Francis was more than
enough to establish case for breach of
promise against the defendant. AS TO Major
Mcores testimony the defendant had tried
to gloss 1t over, but the varnish wouldn't
stick. Major Moore had taken shorthand
was conclusive.
The second interview ir. Major Moores
office took place after the recent marriage
of the defendant. This secret marriage was
sprung by the defense as though 1t invali-
dated all the promises made to the plaintiff
after that date. If they mad only looked
into the law they would have known that
the secret marriage cut no figure SO long as
II was not known to the plaintiff,
As to Contract of Marriage.
If man makes a contract of marriage,
knowing that he cannot fulfill the contract,
he hi, fo;
believing his promises, the man is not re-
leased from the responsibility he has as
sumed, and the court would seal his lips
from testifying as to any secret marriage
as defense.
The defendant is as much responsible for
the promises he made in the presence of
Mai. Moore after his marriage as before it.
1t was no wonder that Maj Moore had
characterized the scene in his office as one
or the most important he had ever witness
ed. The defendant instead of being the de-
tanner OF this woman ought to be her pro-
tector and defender through life.
If the interview which took place in Mai
Moore's office had occurred in New York it
would have constituted a marriage between
the parties as solemn and binding as any
ceremony could be. If it took place eighteen
days after secret marriage, as this did
1t would constitute violation of the stat
utes of the state sufficient to place the man
behind closed doors. 1t would have been
bigamy.
Mr.. Wilson said that the contract had
been proved beyond all doubt. If the jury
considered that no promise had been made
then hereafter, when two parties in the
District Of Columbia want to enter into a
contract OF the sort, they will have to put
IL down In writing in the presence of two
witnesses and get some sort of seal affixed
The contract has been proved Has the
breach Of this contract also been shown?
Beyond all doubt. By the proof of the de-
fendants marriage in Louisville and his
own admission as to the secret marriage
In New York
Mr.. Wilson said that Mr.. Butterworth
had addressed much of his argument more
70 MIN than to the jury and had demanded
OF MN In dramatic way why the plaintiff
had not summoned witnesses to prove point
atter point in her case. The reason was
very, very simple The points that could
naEe oeen proved by these witnesses were
such as the defense themselves ought to
nave proved, as he would show later Law
yers sometimes talk bad law, he regretted
TO say, when good law will hurt their case
ana the defense had been obliged to resort
to thistexpedient.
NO ProOf of Plaintiffs bad Character
The defense had put up as their n,ea
that the general character of the plaintiff
was bad and that a bright brilliant. scin-
tillating, effervescing man like the Defend
ant could not be expected to marry such
a person. Yet there was not one word of
evidence in this case to impugn her general
character. One would think that If her
character was such as the lawyers for the
defense had attempted to paint it they
would have had no difficulty in proving II.
They might have brought witnesses from
Lexington, where she lived; Cincinnati
where she went to school, and this city,
where she was well known. to prove IL;
but all persons interrogated as to her gen
eral character had spoken only in the
highest terms of her as a woman.
i1irNFr % L.,
general character they had attempted to
show specific acts of misconduct on the
part of the plaintiff. Here, too they had
failed and all their insinuations as to her
relations with poor old dead Rodes have
been shown to have no more effect than
the signing Of the south wind. The de-
fendant does not seem to have considered
that the plaintiff was woman of impure
life until after he had made the contract
of marriage. The defense had turned the
strongest kind of search light upon the ]
entire life Of the defendant, from the era
die down to the present day, yet they had
not been able to prove anything against
the witness. General character does not
depend upon the petty foibles and weak
ness of life. and more than these they
had not shown.
Mr. Wilson was not behind Mr.. Butter
worth in paying an eloquent tribute 70 the
memory Of the country women and country
homes. From one of these the PLAINTIFF
came Nowhere is there more conten .ment
and happiness than in these same country
homes. But country girls and boys the
world over have an ambition to get away to
what they think is broader and fuller life.
This plaintiff like many another, had writ
ten letters in which she spoke of her long
ings and unrest. The defense had produced
some of these letters written to Owen Rob
inson. They had tried to show that these
were full of hidden meaning. They should
have got Ignatius Donnelly to work cut the |
mystery Of the cipher in these simple school
girl letters which they considered so full of
suggestion. He believed that the letters
were secured from Owen Robinson by trick |
cry, for If that man knew the uses the de- |
fense would put the letters to he must be |
one of the meanest whelpS alive.
At this point the court took the usual |
recess for luncheon. |
After Recess.
After recess Mr.. Wilson took up his argu- |
ment, referring to the research the defense !