Evening star., 1894-03-21

good. Miss Pollard then. in order to force
a marriage with her. adopted herself the
course OF announcing her engagement TO
him In the newspapers. Then, when de-
nial Of this was published, she adopted the
last resource Of threatening him TO make
the whole thing public. To this he made
no response, but the public marriage With
his present wife followed.
Mr.. Shelby said he attempted no conceal
ment and In the testimony there would be
no concealment.
To Attack Miss PoIiard's Character.
In an action of this sort the plaintiff
necessarily puts her character In it-not
only by implication, but in this case she
expressly does that by alleging that she was
not only seduced by Col Brcckinr1dge, but
was without sexual fault or impurity ex-
cept in her relations with him. They de-
sired therefore TO go into the matter OF
the character of this plaintiff He had al
ready indicated that when Col Breckin-
ridge met her first she was q mature wo-
man OF twenty or twenty-one. Testimony
would be introduced as to her character.
There would be testimony as to the mock
marriage talked about with Mr.. Alex.
Julian; soad Mr.. Jultan's deposition would s be
as to his relations with her. There would
be testimony also that the plainun had
been seen, before her meeting with Col.
Breckinridse, at assignation houses. The
letter to Wessie BroNN showed that she
| had some relations with Mr.. Resell, Mr..
Rodes and Mr.. Ovcrman.
| Not an Innocent Woman.
The testimony they would offer. he said.
would leave little room for doubt that at
the time Col Breckenridge met her she
was matured woman, and not innocent
80 far as concerned her relations with other
men. The testimony they would offer would
enable the jury TO judge of her credibility
In the latter part of 1884, according to her
own statement, she was connected with
ftodes by this alternative contract OF mar
rage, at the same time she was under a
POSITIVE engagement Of marriage to Resell.
In view of the contradictions that would
appear In the testimony, he believed II
proper Tor him to cali attention 10 the
PLAINTIFFS motive In bringing this suit-the
motive she announced-which was not 70
optaln money representation, but TO wreak
her vengeance upon this defendant Of
preaklne him down, Of running him and
MS FAMILY. of destroying his power-be-
cause OF the failure Of her scheme TO force
MIN INTO a marriage with her The defense
asked the jury in weighing her testimony
10 pear In mind this announced motive.
No Contract of Marriage.
There was. he said, no contract of mar
riage. 1t was necessary to making such
contract that there should be q mutual in
tention.
Here Mr. Wilson objected. saying that
MI Shelby was going Off into an argument
on the law and not making a statement of
facts, and he thought he was making on
error In stating the law
MI. Shelby said he supposed he had
right to state not only the facts but the
law as applied to the facts
Judge Bradley said he could state what he
claimed to be the law
MT. Shelby. going on, said that a mere
form could not constitute a contract Mere
words did not constitute a contract OF MAR
rage when the parties themselves under
STOOD there was to be no marriage 1t was
m arrNI
never was. he asserted, in point Of fact a
contract OF marriage between these arties
but merely the semblance of an engage
ment to enable Miss Pollard to go away ana
enter upon new life, and to relieve Mrs
blackburn OF her unfortunate impression
Upon that statement of facts they would
present the case to the jury.
Mr.. Wilson for the Plaintiff
Mr.. Wilson, rising, said he thought Il
proper here to state what the plaintiff
would show in response to statements the
defense had made. For instance he said.
as to the statement that the plaintiff had
been seen in assignation houses
Mr.. Butterworth here interrupted. Mr..
Butterworth's eyes were big with surprise
DO You mean TO make that statement
now?' he said.
Certainly. / mean to state what We
never knew such a thing to be done
under any practice" said Mr.. Butter
Judge Bradley said that the two state
ments already made were all that could
be properly made.
Thereupon Mr.. Wilson sat down.
Deposition of Sister Agnes
Mr.. Stoll at once began the reading Of
the deposition of Sister Agnes Regina
Brown, but he was stopped by the court,
as no statement had been made of what he
would read. and the plaintiff had no chance
- Oh NJ
consulted over the document for a few
moments and then announced that there
whole
The deposition was taken at the found
ling asylum, near Cincinnati where Miss
Pollard claims to have been when she
gave birth TO a child Deponent stated
that she was the principal officer of the
institution. though the books were kept
by Sister Augusta. She had been con-
nected with II since 1873
In the spring OF 1885, deponent had
charge OF the first floor attended the bell
mates of the institution and there We're
none that she did not see. During the
months Of April-June. 1885. some of the
inmates were yelled part Of the time. but
not from her. There was a woman. who
gave birth to a child. being ve.led from the
physician, but this was in 1854
Deponent saw Miss Pollard IN December
1893, at the asylum. Mr.. Carlisle and Mr.
Johnson were with her. Miss Pollard asked
her II she remembered her and deponent
said she did not In answer to a question
from deponent, Miss Pollard said she could
not remember who was the sister superior
at the time of her stay in the asylum, but
thought II was Sister Agnes Deponent
said to her, mo, and IL you do not renern-
ber me you were never here, for have not
changed the style OF my hair or dress in
twenty years.
Discrepancies i'm Miss Pollard's State
ments.
Miss Pollard said she had been known as
Louise Wilson, but deponent found no such
name on the record On the other hand,
there was the name of Miss 3urgoyne,
and when / mentioned that Miss Pollard
said, ''Oh, yes. that was the name i went
by when l was here. ] had so many that
l forgot which IL was" In talking about
her stay here Miss Pollard said that She
remembered the death of a girl in the asy-
lum, but did not recollect ;he death Of a
sister who died suddenly while she claimed
to be here. This thought was very strange.
There were a number of other discrepancies
in her descriptions of her stay, and told
her that she could never have been in the
house. / told Mr.. Carlisle that ! did not
think she had ever been here, for she did
not know any more about the house than
a person who would simply walk in and out
of the place.
IContinued on Third Parel