The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1894-04-04

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diploma from which was a license to
practice.
When were you married?'
On st. Patrick's day, 1859"
How long did your wife live?''
''She died in April, 1860, after the birth
Of her first child
Were you in the late war;
81 was"
He told of his various services in the
confederate army under Kirby Smith,
how he had risen TO the rank of colonel
and surrendered his regiment of Ken
lucky cavalry at the close of the war.
He was married the second time the
night the federals occupied Lexington
to Miss Desha. Sept. 10. 1864. He had
five children, four living. One son and
one daughter were with him here.
Here Miss Pollard and Sister Ellis en-
tered, taking seats before the bar to the
right Of the defendant, amid a subdued
rustling in the court room. Col. Brock
inridge, continuing, said that he had
practiced law with Attorney b. F. But
Ter from 1874 to the time of the appoint
ment of the latter to the bench AS a
matter of duty. he had served on the
local school board. had been county
prosecutor. was a member Of boards of
trustees of several educational institu-
lions, among them Center college, but
had never been a teacher except in
law school, to which he lectured.
me FIRST Meeting.
do you know the PLAINTIFF"
ct do
when did you first meet herr"
I'm the spring of 1884. 1t was a cool
morning. on a train between Lexington
and Frankfort. I had an overcoat on
the back seat of the car. and as 1 passed
down the aisle to get it she accosted
me in a perfectly proper way. 1 said:
I suppose 1 ought to know you, but
young persons grow up so or us we for
get their faces She said: I am Made
line Breckenridge Pollard;' that her
father admired my father; that if she
had been a boy he would have named
her John B. As it was. he gave her the
middle name of Breckenridge. She said
she was going to a sister who was dy-
ing of consumption. 1 expressed my
sympathy and passed on"
When did you next meet her?"
81 do not remember exactly. I re-
ceived a letter from her l have lost
that letter. but the substance of it was
request that 1 would call on her at
the college on some business of great
Importance 10 her. The substance of
my reply was that it would be incon-
'N+--N4At AcA AAAI W NclAA OF lAlE NUsAtEts
but il l could give her any service |
would be glad to do so. and if she was
in Lexington she might call
Did you receive another letter."
Il did"
rs this the letter." asked MIR. But
terworth, handing up the black-bordered
epistle.
1T would be affectaticn for me to
examine that. / familiar with it
This provoked till over the letter. Mir.
Wilson contendiEg that it had not been
proven to have come from the plaintiff
and Mir. BGtterworth asserting that IN
less the supreme court was in error it
was. on several grounds. competent evil
dence.
Apart from the letter, Col. Brecllin-
ridge continued he could not relate the
conversation concerning it which he had
had with the plaintiff when he called
at the school few days afterward. He
could not give the purport of the con-
versation concerning the letter apart
from the rest of their talk.
always TO Miss Pollard by the legal
term. the plaintiff, said I suppose
you were surprised to receive such a
letter from a school grip"
'Laughingly I responded that per-
haps she Over-exagerated the import
ance of the matter. Then she said:
But all this time YOU are standing
and invited me to take a seat"
Now we propose said Mr. Butter
worth. Ito offer this letter to the jury
that they may examine il and compare
il with the admitted specimens of
plaintiffs handwriting in evidence.
Even If we had produced no expert
testimony on the point under the ruling
of the supreme court it would be admit
ted"
The Colonel Uncomfortable.
Singularly enough, the ruling which
the attorney proceeded TO quote was by
the great namesake of the presiding
judge, Justice Bradley of the supreme
court. As the argument was taken up
Col. Breckenridge sank back into a chair.
apparently glad of an opportunity to
rest. His face was flushed and while
testifying his eyes frequently had roved
over toward Madeline Pollard. or swept
beyond her to the background of eager
gaping men. But for the most part he
kept his face turned toward the jury
He had leaned forward with his right
hand resting on the witness box and
his left elbow on Judge Bradley's desk
above the level of the worn wooden
box. His tones were mellifuous and
silVery, but noticeably tremulous as he
detailed the incidents of his early life
A great wave Of snowy hair swept care
lessly over his flushed forehead, the
beard beneath was carefully trimmed
small black clerical tie surmounted
his expansive shirt front of glittering
white and the lapels of his black cut
away coat were flung open. When per-
mitted to take the chair he shaded his
eyes for a moment with his hand
smoothed his forehead YEARLY and
leaned back with his head on one side
listening to the argument meditatiVely
Ex-Judge Jere Wilson replied to Maj.
Butterworth's arguments as to the adj
instability of the letter and began by
explaining that he was confronted by
an expected situation, since it had been