The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1894-03-12
SLY MISS POLLARD
Sus pc C te d Congressman
Breckenridge Would Not
Keep His Promise.
TESTIMONY At THE TRIAL TO-DAY
A Gallant Young Man Who
Thought He Was as Good a
Lover as the Kentucky
Colonel.
The Fair Complainant had Threat
ened to Shoot Herself
If Deserted.
TESTIMONY AT THE TRIAL TODAY

DSCJ Oh u0dIIuk 4u1SS &haOOAitlU S'-@-< - NSA~
her side of the story in her suit against Con-
gresham Breckinridge of Kentucky for
breach of promise had the effect this morn
ing of materially augmenting the crowd OF
people who have endeavored daily since the
trial began to gain admittance to the court
room. Miss Pollard's excited behavior of
Friday last had whetted the appetites of
lovers of sensational testimony, but under
the ruling of Judge Bradley, persons not
having an interest in the case, either profes-
sionally or as witnesses, were not allowed to
enter the court room. This restriction was
not strictly carried out, for the, bailiffs,
while able to resist the persuasion of men
comers, could not resist the opportunities OF
the gentler sex.
Fourteen women, young and old, were
objects of special attention in the court
room. this morning, when the members of
the bar began filing in. The female specta-
tors sat to the left of the presiding judge on
benches corresponding to and facing the
jury seats. Four of them were young girls
pretty young girls-who laughed and
chatted gaily.
MISS PoLLARD's APPEARANCE.
Miss Pollard entered the court room at ten
o'clock, attended by Miss Ellis of the Episco-
pal Home Of Mercy, and the lady friend from
N1nclnnaGl, WHO SdU D6sluo
FRIDAYS hearing Miss Pollard was dressed
as on her first appearance in the court room.
She said ssGood morning" to her counsel,
and laughed at something Judge Wilson said.
But the smile died on her face as the man
whom she is prosecuting entered the room
at a doorway directly within her line of
vision. Miss Pollard quickly recovered her
self, however, and went on chatting with
Judge Wilson.
Colonel Breckenridge nonchalently walked
over to the jurors hat rack and hung up his
overcoat Then he sat down in his chair
almost Immediately behind and about six
feet distant from Miss Pollard, Colonel
Thompson, Major Butterworth and the other
counsel came in stragglingly.
LADIES REQUESTED TO RETIRE.
The fourteen women who have taken in
every detail of the plaintiffs appearance,
as the court opened Mr.. Marshal said
Judge Bradley, "please request all these
ladies who are not concerned III this case TO
retire.
The Marshal galiantly made the request to
the fourteen women. They looked surprised,
then chagrined and fled out shamefacedly.
Mr. Carlisle opened the proceedings by
stating that there was a preliminary matter
that should be cleared up before the proceed
ings began. He referred to the production
of the four volumes of Washington Irving,
over which there was SO much mysterious
Friday Mr. Carlisle said that on Saturday
a package was filed in the clerks office, ac-
coInpanied by written statement from Mr..
Stoll of the defence, that the books were filed
under an agreement that they should be
kept sealed and not examined unless under
an order from the court. Mr.. Carlisle said
he had entered into no such agreement.
Major Butterworth for the defence said
the written statement of Mr.. Stoll embod-
led the understanding of the defendants
counsel with reference to the books. He
understood that the books were to be pro-
duced subject to further Identification. The
books had not been sufficiently identified,
and counsel thought the Judges order for
their production was. merely to bring the
books before court, where they might be
better compared, with further Identification
submitted by the plaintiff.
After some further talk, Judge Bradley
said 1t appeared that these books were evil
IDENTIFY part of the deposition OF Sister Au-
gustine of Cincinnati, and as such were sub
ject to inspection by both sides just as any
other deposition could be inspected.
Major Butterworth made further argu-
fnent in favor of keeping the books sealed,
but Judge Bradley dismissed the question
with the terse statement, The order of the
Court will stand"
OBJECTION TO A DEPOSITION
Major Butterworth then brought up the
matter of the dispositions taken by the
plaintiff in Lexington the day before the
trial began and to whose admission as
evidence, the defence objected on the ground
that they were irregular The first Of these
was that of Sarah Guess.
NAh.p said Colonel Breckenridge loudly
when the title Of this deposition was read.
Miss Pollard turned around, caught Colonel
Breckiuridge's eve and answered his excla-
nation by a curling of the upper lip that
was half smile, half warning. Colonel
Breckenridge apparently did not see the
the look.
William Shelby, for the defense, stated the
objections to the admission of the deposition.
His main objection, he said, was that it was
irregular. The notice had not been prop
erly served. 1t was served at six o'clock on
the evening of March 8, two days before
the opening of the trial, time making it a
physical impossibility for the defendant to
accept notice or to authorize any other per-
son to accept notice for him. Another OBJ
lection was that the deposition had been sent
to the court neither by mail nor by messen-
ger, but by express. The statute covering the
case provided that BAH or messenger should
be employed in the transmission. Further
more, the packages containing the deposi-
lions had no official seals, nothing but the
seals of the Adams Express Company. These
and other technical objections were stated
and explained fully by Mr.. Shelby.
sHERIFF's TROUBLES
Mr.. Carlisle said he was somewhat aston
isbed at the lack of frankness on the part of
his brother, Shelby. Mr.. Shelby had neg
lected to say that notice was served on the
defendant week ago last Saturday to take
the deposition on the following Monday,
March s. An affidavit setting forth this
settlement of Mr.. Carlisle's was made by
the Sheriff of Fayette County, KY.
The reading Of the affidavit caused much
amusement. The Sheriff went to fully a
dozen men in Lexington with the request to
each in turn that he take the deposition, but
each gave an excuse. One said he was sick
another said he did not want anything to do
with the case; another had gone to bed and
wouldn't get up. One man did not give any
reason. Finally the Sheriff had to 60 to the
state Capitol and have notary public APP
nointed to take the deposition
Mr.. Carlisle said that under the circum-
stances the notice for taking the depositions
ssas s,,fficient-it was owing to the obstruc-
tion Of defendants counsel that service was
DELAYED. He was unable to understand
wherein lay the justness Of the claim made
that. the deposition in question had not come
by mail or messenger.
Mr. shelby hoped that an opportunity