The morning news. [volume] (Savannah, Ga.) 1887-1900, 1894-04-15

oIO1' -hdJ. butlGfWOtJu ana ME-. SlOl
went OFF together. There was much bad
feeling displayed on the part of these gen
tlemeu over this incident Mai Butter
worth did what he could to patch matters
up, and just before court met he had
talk with Judge Wilson, the result of
which was shown when Judge Wilson
rose again to address the jury.
WILSON NAMES AN EXPLANATION.
Gentlemen Of the jury" he said, Gin
the heat of discussion, in the presenta-
tlon of facts, a man some times says
things which probably convey an impress
sion that he did not intend to convey. l
had no thought of insinuating that Mr.
Stoll forged that letter or was party to
that forgery. l had it in my mind to
show you how easily these things
could be done and to show
you how easily handwriting can
be initiated, And in the branch
of the case which | am now about to pre-
sent, the name of Mr.. Stoll will again
occur, because he is part Of this case. l
am not charging him with anything. l
am doing what, as lawyer l should do,
and what else would MIR. Stoll have me
do9"
Mr., Stoll sat quietly listening to this
explanation, but he did not offer to make
reply when MIR. Wilson had finished.
ANOTHER INIMICAL INTERRUPTION.
Later on Judge Wilson referred to the
Christmas card i'll the volume of Wash
lngton Irving, when Mr.. Ston made a
remark which was inaudible to either of
the plaintiffs counsel.
Asked what he meant, Mr.. Stoll
said there was no testimony in the case
like that stated by the counsel.
Judge Wilson continued, only to meet
with another interruption from Mr.. Stoll
few minutes later, when he said that
the attorneys for the defense had sought
to make it appear that his brothers,
Messrs. Carlisle and Johnson had slipped
a Christmas card into one of the Irving
volumes to more fully identify Miss Pol
lard with The asylum.
Judge Wilson," said Mr.. Stoll,
haven't the counsel for the defendant
expressly disclaimed any such purpose2"
81 know you have disclaimed it,"
answered Judge Wilson, ''but the infer
ence was put in such way that it would
not be misunderstood, and Judge Bradley
/ himself said when Mr.. Carlisle took the
stand, that the inference of the defense
was that he had cOnnived at wrong doing
concerning the card, and should be per-
mitted to deny it,"
Mr. Stoll made no reply to this, and
Judge Wilson continued.
ANOTHER ATTACK ON BRECKINRIDGE.
brute, such a mOnsterl" asked Judge
Wilson, after telling how the white
haired defendant, a director of Sayre In
stitute would take one of the school girl
pupils at that place to a house of assigna-
tion, for an immoral purpose" Then
he proceeded to take Col Brcckinridge
to task for various acts of deception, and
ne did not mince words in dealing with
the matter. HE had taken this young
rrs,,l e laf
all these years, and l claim that the obli-
cation was a thousand times greater on
his part that he should make her his
wife"
Mr.. Wilson, in conclusion, asked the
Jury to impale the defendant with the
javelin of justice and held him aloft on it
as an example to others disposed to wrong
doing, and justice would cry out Amen"
Judge Wilson finished at 2:2S o'clock
and the court Immediately began his
charge to the jury, reading from manu-
script.
JUDGE BRADLEY's CHARGE.
In its course, Judge Bradley said:
with the outcome of this cause, whether
that outcome be for the plaintiff or the
defendant, this community, nor the coun-
try nor humanity in general, have ary
concern; and it should not matter one
feathers weight with you as to the direc-
tion in which you should render your YER
dict, what the community or the world at
large may think of it. You should not con-
cern yourselves about the vindication of
American wOmanhoOd, or the vindicatiOn
of the family, or the vindication of the
country girl in the abstract. Your
province IN this cause is to VindiCate the
truth, and your duty is to render such
verdict as the law and the evidence re-
quire. You are to determine the rights of
these parties in this controversy, and not TO
settle any abstract principles of morality,
however important such principles
may be.
THE REAL QUESTION AT ISSUE.
The question in this case, and the ulti-
mate question for the enlightenment of
which one and all of these many circum-
stances have been put and received in
evidence, including the stories of the
lives of both the plaintiff and defendant,
is whether a contract of marriage was
entered into between these parties
and that question you are to
determine upon the evidence.
Whatever your personal feelings or
wish might be with reference to the rela-
tions that the evidence shows to have ex-
listed between these parties, that must be
laid aside, and your verdict must be con-
troled entirely and exclusively by the
evidence 1t is not question with you,
in reachinga conclusion in this case, if you
find from the evidence that contract of
marriage existed between these parties
whether the defendant, as a mere matter
of sentiment, ought to have married the
plaintiff The question is whether you
find in the evidence any legal excuse or
Justification for the breach of such a con-
tract, if it existed.
THE MOTIVE OF NO IMPORTANCE.
"You have been told that this action
has been brought and the verdict against
the defendant is solely for the purpose of
Furnishing him. No consideration of that
kind should be permitted to in any wise
a1ect or control the direction of
your verdict. You have been told
that verdict is sought in
this case for the purpose Of repairing the
character Of the plaintiff Your verdict
must be controlled by the evidence, no
matter whose character may suffer by it.
it is not your province, by your verdict,
to repair the character of either party. !"
In conclusion, Judge Bradley said:
ITO sum it all up, if you fail to find that
a contract was made, or that the defend
ant was excused from the performance Of
it. your verdict should be for the defend
ant. If, however, you find that such
contract did exist and that the defendant
was not released therefrom, you are to
find for the plaintiff"
THE DELIBERATIONS OF THE JURY.
Immediately after the jury retired Mr..
Ea1 lot nc