The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1894-03-29
less excited than the first, Miss Pol

lard doing most of the talking.
This was the interview of the 18th
OF May, when Miss Pollard narrated
that she lay on the sofa and Colonel
Breckinridge sat beside her, and af
terWard he took her hand in his and
promised to marry her,n repeated
Judge Wilson, aiming to emphasize
an old score.
"Yes SIR"
Then when Judge Wilson asked Il
anything had been said or done in
that interview to indicate that the
promise of marriage was merely a
scheme between the two parties not
made in good faith, the defense was
strenuous in its objections, protesting
that it called for au opinion which
should be the province of o jury, not
of witness.
Judge Bradley admitted it, how.
ever, and the major said nothing had
been done of tho sort to indicate a
scheme such az had been described.
There was tilt between the attor-
neys over the latitude which was per-
mlssi bic in the cross examination and
Judge Bradley decided that since the
defense had made the chief its wit
ness the cross questioning could cover
the whole field of the interview.
Thereupon in response TO Judge
Wllson't last question, the witness
said that Miss POllard's manner had
indicated qualification when the
Colonel promised to marry her. The
redirect question from Mr.. Shelby
whether Colonel Breckenridge had
said that Miss Pollard bore him two
children he would have made note
OF it, was overruled, as was question
as to when he first became aware that
| the plaintiff claimed that she had
borne two children by the defendant
Inns ended the second appearance of
! Major Moore, after some clever ques.
tioning by both sides and several ex-
| captions on the part of the defense.
Major" Hay was called, but no one
recognized by that title e. b. Hay,
the chief officer of the order of Elks
and well known local attorney and
after dinner speaker.
Major Hay falling to appear, DR.. f.
M Schaeffer, deputy coroner of the
District OF Columbia, tall slender,
bearded specialized man, was called
as an expert upon handwriting.
After stating his qualifications and
his experience, Mr.. Butterworth was
about to hand him the letter dis
laimed by Miss Pollard, when
Mr.. Wilson coolly remarked: "Well,
L don't think he is an expert at ali,
which stirred laugh. Mr.. Wilson
proceeded to put more questions to
ascertain the claims of the witness
expert knowledge. Microscopic and
chemical analysis had been O study
by the doctor for II years in the gov
ernment medical museum.
"You were examining lungs and
lights and livers," repeated Judge
Wilson.
Lights and livers, Judge" remark
ed the witness.
Continuing, he explained that he had
brought writings of various sorts by
doctors, several wills among them, to
determine the quality am character
of the ink and the age of the writing
The examination was protracte0 and
at its close Judge Wilson objected
that DR.. Schaeffer did not show tho
qualifications OF an expert on hand
writing, but Mr.. ButterWorth retorted
that he could not conceive of any DOS
Judge Bradley decided that the
doctor had made good claims to ex-
pert experience and the jury could de.
eide what weight should be given his
testimony. Ihereupon the bundle of
letters admitted to have been written
by Miss Pollard were handed up to
the expert. who asserted that he had
studied them carefully the day before.
The black bordered letter denied by
Miss Pollard was given him for COM
parson. He and Major Butterworth
put their heads together for a few
minutes and finally in answer to a
direct question DR.. Schaeffer.d declared
that he felt certain the black bordered
letter had been written by the same
person who penned the others in evil
deuce. The Christmas card said to
have been pressed for nine years in
the volume of Washington Irving
found in the Norwood convent, and
which bore the words, Compliments
OF w. s. D." was examined by the ex-
pert, who averTed that from the ap-
pearance of the ink the inscription
had not been on it more than three or
four years.
"Iassume by my answer" he ex-
planned, "that it had been
subjected to conditions, which
have been described. Had it
been exposed to the air | would
say that the inscription had been
made still more recently"
He proceeded to describe the effect
of exposure TO air and of handling
upon the condition and appearance of
the ink"
"What are your charges per day as
an expert?" was the first question of
Judge Wilson in eross-examination, a
question wnich the doctor was dis
posed to parry, stating that it de-
pended on the character of the work.
He remarked that he had never seen
case like this. When asked what
was his charges for such a case he
finally asserted that he had charged
$50 per day for similar services
Washington is not commercial
CITY," he explained, 80 that he was not
called upon as often as he would be
elsewhere, He had testified in per-
haps 50 cases.