The Atlanta constitution. [volume] (Atlanta, Ga.) 1885-19??, 1894-04-23
BRECIxINRIDGE AND HIS COUNShA
Busy Preparing Their Formal MotAoh
for IL New Trial.


WASHINGTON April l6.-RepresentatlVe
Breckenridge and his counsel were en-
gagged TINS afternoon in preparing thell
formal motion Tor Il new trial, WHICH WIN
be presented to Judge Brauiey tomorrow.
This motion is a mere Iornlallty IN the
way OIL all appeal to the district OF APP
peals, tor no one eutertains Tie slightest
idea that Judge Bradley Will overdue the
jury slauL them new tridi. Inc
motion. will pe based upon me u9udi Sioullu-'
that the verdict WAS contrary 10 law tiAu
was contrary TO the eN4uence, anu thdt
the damages were eAcessiHe.
Lhe counsel Tor Tie ueienae VIII press
for hearing on the motion at the earliest
possible DAY, as Attorney Stoll is ahAIouS
to return TO kentucky. Saturday is mo
ton DAY III Judge bradley court, out me
Judge thinks OIL taxing snort VaCd.ioH
for rest from his laDorS of the past month";
that the date tor the hearing Is I'M
The docket of the court OF artea's is
so crowded that it is quite pro5stbie the
appeal cannot be heard there before next
September, when the court meetS Tor us
fail term. The cost of an appeal - tIiS
court is great that it might wei deter
the defense from prosecuting tne case lhr-
Their. 1t will be necessary TO nave printed
for the court, at the expense Of the ap-
pellant, record of the proceedings III lie
circuit court, and this, considering 'he
length of such a document, VIII BE- ID he'1'y
expense in itself.
Judge Wilson to the Women.
Judge Jere NJ. Wilson, whose ci,quent
plea for the advancement Oh women III the
closing speech for IadeiIne ,.'lri gained
for him fine bouquet of La Franz ros~,,
from Miss Mary Desna, sister ot Crlohel
Brecknridge's late wife, Mrs, Dan Waugl;
Miss Nettie l. White, Miss Louise Lowell
and others. He has sent the following
letter of acknowledgements: .o,
Miss White: / beg that yea viii receive
for and communicate to the twenty -elSht
women mentioned i'll your note my thanks
assure them that, lo)'tIS back over
long professional career, soon II Close,
there is nothing IN ii all tcdt viii be more
gratifying TO me than 70 id| II sahi'
that l have contributed to the E., advance,
a moral and social code that viii visit
upon the offending man the same measure
of condemnation that it visits upon the
80 far as / have the names of these
kind ladies, L have address -! to III NJ
YOU herewith and which / beg YOU to do
me the favor to so direct 80 l1at Il ey
will reach their intended de5ti"at ~ " Very
The note which accompanied me fcN ers,
and to which the above Was reply, was
April H. 1S94-Dear Mr.. Wilson: These
flowers sent to you as a mark of APP
for one code of morals for man and Wo-
man, and also for The advancement of
which We, all have an equal interest-by
twenty-eight women. With respect and
gratitude most sincerely,
Breckinridce's Motion,
Washington, April H.-Counsel for Con-
gresham w. c. p. Breckenridge today
filed a motion for a new trial of Madeline
Pollards suit against their client. The
reasons given in the motion are as follows:
l. Because the verdict is contrary to the
evidence.
?. Because the evidence is insufficient in
law to sustain said verdict.
g. Because the verdict Is against the
weight of evidence.
4. Because the damages awarded by the
Jury were excessive.
8 For errors of law founded the eX
ceptions reserved during the trial and
noted on the minutes of the Justice who
tried the case.
g. For errors of law in granting the writ
ten instructions prayed by the plantiH 5
counsel and in refusing Instructions prayed
by counsel for the defendant
Z. For errors of law contained IN the
charge of the court to the jury.
S. For errors of the court in commenting
on the evidence of witnesses and on wit
nesses whose testimony was offered on the
trial.
Q. For specific errors TO be assigned here
after on the hearing of this motion.
The motion is signed by ButterWorth &
Dowell, John r. Shelby, William Mckinney
and Phil &. Thompson, counsel for defense.
1t is probable that the argument on the
motion for new trial filed by Colonel
Breckinridge'S attorneys will not be hcacd
this week. Judge Bradley will set a Gay- tt-
ter consultation with the counsel on be tn
sides. AS he is not likely to o. uiH IS
own decisions the motion Will probably be
carried to the court OF appeals.
The Jurors Talk.
The members of the Pollard Breckenridge
fury have nearly all of them talked freely
abou. the reasons that induced them to de-
clare in favor of the plaintiff All agree
that the testimony of Mrs. Blackburn, Ma
jor Moore and Claude Francis influenced
them in their decision. Il appears from the