The times. [volume] (Richmond, Va.) 1890-1903, 1894-04-15

christmas card in the volume OF WASH
inston Irving. when Mr.. Stoll made
remark which was inaudible TO the ear
OF the plaintiffs counsel
ASKED what hs meant, Mr.. Stoll SAID
there was no testimony in the case like
that stated by the counsel. Judge Wilson
continued, but only TO meet vith another
interruption from Mr.. Stoll few minutes
later, when he said the attorneys for the
defence had sought 10 make II appear
that his brothers, Carlisle and Johnson
had slipped a Christmas card into one
OF the Irving volumes 20 more fully iden-
tify Miss Pollard with the asylum.
Judge Wilson," said Mr. stoll, haven't
counsel for the defence expressly dis
claimed any such purpose2"
Il know you have discaimed IT,"
answered Judge Wilson, "but the infer
ence was put I'm such way that IL would
not be misunderstood, and Judge Bradley
himself said, when Mr.. Carlisle took the
stand, that the inference of the defence
was that he had connivcd at wrong-dong
concerning the card, and should be per-
mitted TO deny it,
Mr.. Stoll made no reply TO this, and
Judge Wilson continued:
BREcKINRIDGE TAKEN TO TASK.
Would you believe he was such
brute, such a scoundrel," said Judge Will
son, after telling how the white-haired
defendant. director Of Sayre Institute.
would take one Of the schoolgirl pupils
purposes. Then he proceeded 10 take
Colonel Breckenridge TO task for various
acts Of deception, and he did not mince
words in dealing with the matter. HE
had taken a young girl out of school and
kept her near him all these years and l
claim that the obligation was 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
iayelin OF Justice and hold him aloft on
il as an example 10 others disposed TO
wrong doing, and justice would cry out
"Amen."
THE CHARGE TO THE JURY.
Judge Wilson finished at 2:2S O'Clock,
and the Court Immediately began his
charge to the jury, reading from manu-
script. In its course Judge Bradley said:
with the outcome of this cause, wheth-
er that outcome be for the plaintiif or
the defendant, this community, nor the
country, nor humanity in general, have
any concern. and 1t should not matter
one feathers weight with you rs 10 the
direction in which you should render your
verdict, what the community or the
world at large may think of 1t. You
should not concern yourselves about the
vindication of American womanhood, or
the vindicatiOn of the country-girl In the
abstract. Your province in this cause Is
to yindicate the truth and your duty Is
I..t "A
the evidence require. You are to deter
mine the rights Of these parties in this
controversy, and not TO settle abstract
principles of morality, however, impor-
tant such principles may be. The ques-
tion In this case, and the ultimate ques-
ton for the enlightenment of which alone
all other, many circumstances have been
and accepted In evidence. including the
story of the lives Of both of the plain
tiff and defendant, is whether a contract
of marriage was entered into between
these parties; and that question you are
10 determine upon the evidence. What
ever your personal feelings or what might
be with reference to the relations that
the evidence shows to have subsisted be-
tween these parties. that must be laid
aside and your verdict must be controlled
entirely and exclusively by the evidence.
ing a conclusion in this case, If you find
from the evidence that a contract of mar
riage existed between these parties
whether the defendant, as a mere matter
of sentiment ought to have married the
plaintiff"
WAS THERE A BREACH or THE CONTRACT?
"The question is whether you find in
the evidence any legal excuse or Justiii-
u.
If it existed. You have been told that this
action has been brought and a verdict
against the defendant is sought solely
for the purpose of Furnishing him. No
Of that kind should be per-
mitted TO any way affect or control the
of your verdict. You have been
told that a 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 II.
1t is not in your province by your YER
dict, TO repair the character of either
party"
In conclusion Judge Bradley said:
ITO sum ii all up, If you fail to find
that a contract was made, or that the
was excused from the per
formance of It, your verdict should be
for the defendant. If, however. you find
that such contract did exist and that the
defendant was not released therefrom you
are to find for the plaintiff"
HOW THE VERDICT WAS REACHED.
Immediately after the jury retired, Mr..
Cole was elected foreman. 4 ballot was
taken, which resulted IL to 1 I'm favor OF
the plaintiff Some time was spent IN
bringing the one juror over. and then the
question Of damages was taken up. One
Juror was in favor of giving the plaintim
the full amount claimed, $4,000, and
the juror who. voted for the defendant
thought merely nominal damages-one
cent-should be given. IL was finally de-
cided that each juror should write down
an amount and the average was taken,
resulting in the award of $1,000.
NEW NICARAGUA CANIL BILL.
senator Morgan Reports Favorably Meas
ure Intended ss n Substitute.