The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1894-04-09
MISS POLLARD CASE
Opening Argument for the
Plaintiff by MI. CAL
deron Carlisle.
THE JUDGES RULING
Breckinridge Must Prove That the
Contract of Marriage Was Not
to Be Carried Out.

WASHINGTON, April 9, 1S94--The begin
ming of the second month of the Pollard
Breckinridge trial this morning witnessed
the beginning of the end in the commence
ment of argument before the jury. There
were few persons present when the court
convened, but the plaintiff was among the
spectators, much to most persons surprise.
1t was supposed she would not care to hear
her character publicly discus sed with ting
freedom that counsel use IN suce
she appeared to he in the best of spirits,
chatting with Miss Ellis of the House Of
Mercy, who sat beside her. Colonel Breek-
inridge and all his lawyers were prompt, IN
cluding Major Butterworth, who delivered .
speech in Cincinnati Saturday night and lefs
that city Immediately for Washington.
After some time had been spent in en1-
panelling a new Circuit Court jury Judge
Bradley read his decision with reference to
the prayers for instructions to the jury
which were submitted by both sides on
Saturday.
THE JUDGES RULING.
He granted nine of the fourteen prayers OF
the plaintiff, modifying six of these, refusing
| four, and decided that one was covered by
another prayer, thus practically gaining ten
Of the fourteen prayers. Six OF the twelve
prayers of the defendant were granted and
| SUBSTITUTE Oh Juug0 DIduloJ 4OA ohOuAOA
| was accepted, thus making seven prayers
granted, five with notifications, and
| the other five were refused.
| After making his decision, Judge Bradley
| said that while the burden of proof rested
on the plaintiff to show that contract to
| marry was entered into, as the DEFENDANT
| had set up the defense that the contract was
not made in good faith, the burden of proof
would rest upon him to show that there was
an agreement that the contract was not to
be carried out, and that statements made IN
the presence of other parties were made with
this understanding by both parties.
Major Butterworth and Judge Wilson
each made an appeal to the Court not to set
aside a limit of time on the argument, and
| Judge Bradley granted the requests, with
| the understanding that counsel would not
| take up too much time. Mr.. Calderon Car
Isle then began the opening argument for
| the plaintiff.
MIR. CARLIsLE's ARGUMENT.
| Mr. Carlisle, leaning easily against the
witness box and without any attempt at ora
! tory, told the jury that, in his opening state
1nent month ago yesterday, he had been
exceedingly temperate, but he could now say
| that all his statements, and more than these
| had been proved. He agreed with
Major Butterworth that there were
three parties to the suit, the plaintiff, the
| defendant and the community, and he
pointed out the full accounts In the news
| papers of the progress OF the trial as evl-
| deTce that the community was deeply inter-
ested He asked the jury to consider its
| duty to the community and he promised to
| point out later on what the community had
| a right to expect.
| Before going into the legal aspects of the
| case Mr.. Carlisle reminded the jury OF the
| distinguished career of the defendant, and
| the advantages at his command in preparing
| his defense Mr.. Carlisle said that the de-
| fendant had known the father Of the plaint-
| iff, and though an humble saddler, was yet
\ a prominent Mason and Odd Fellow.
| He sketched briefly the life OF the plaintiff
| up to the filing of the suit. period ranging
| for 1876, when her father died, until 1888,
| and incidental to this he paid his comph-
| ments to Mrs Miller alias Mollie Shingle-
| bauer.
| 1t had been shown by reputable witnesses
| on the stand, said Mr. Carlisle, that during
| the period covered by5Mollie Shinglebauer
| -1S77-7S-theyplaintitf was in Pittsburg, Pa,
and not in or near Frankfort, KY, as the
| Shinglebauer woman testified.
CONGRESSIONAL CONSTITUENTS.
| AS to Brant and Kaufman, who swore
| that they knew the plaintiff as an inmate
of Lena Singleton's disreputable house
4 in Lexington, Mr.. Carlisle said it was shown
| by reputable witnesses that the plain
| tiff had not spent q single night In
| Lexington during the period fixed by these
/ two constituents of Congressional district"
| as Mr. Carlisle called them, and further than
| that it had been shown that the house fixed
| upon by one of these young men ''in the ex-
| uberance of their imagination" as the place
| where Madeleine Pollard lived with Lena
| Singleton was not built until 1885.