Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1894-03-30

sls fbis the 1ettero' asked Mr.. But
terworth. handing up the black border
ed esDistle.
''It would be affectatiOn for me to ex-
anime that. am familiar with IT,.
This provoked a tilt over the letter,
SIR. Wilson c0utending that it had not
been proven TO have come from the
p1afptiF. and Mr. Butter worth asserting
that unless the supreme Court was In
error it was on several grounds, compe-
tent evidence.
Apart from this letter,
COL. BRECKINRIDGE CONTINUED,
be could not relate the conversation
concerning it which be had with the
plaintiff when be called az the school a
few days after. lie could not we'll give
the purDort OF the conversation con-
Cerning the letter apart from the rest OF
their talk.
"The plaintiff" be began, referring
always 90 Miss Pollard by the legal
term, said: Il suppose you were sur
Drised % receive such letter from a
shool grip Laughingly / responded
that perhaps she Over-eXagge the
said: But az this time you are stand
ing, and invited me 20 take a seat.
Now, we propose, said BuJter-
worth, ''tO offer this letter 20 the jury,
that they may examine 10 and compare
To With the admitted specimens OF
plaintiffs handwriting 10 evidence.
Even IL we had produced no expert tes-
timOny on the point, under the ruling
OF the Supreme Court 10 would oe ad-
missable'
Singularl7 enough, the ruling which
the attorney proceeded 70 quote was by
the famous namssa6s Of tbe presiding
Judge, Justice Bradley Of the United
States Supreme Court.
As the argument was taken up Col.
Breckinridge sank back 10 a chair, APP
parentIy glad of an opportunity TO rest
His face was flushed, aud while testify
ing his ewes frequently had rOved over
toward Madeline Pollard, or swept be-
v0nd her 90 the group OF eager, gaping
men, bHt for the most part be kept his
face turned toward the jury. His
tones
WE'RE NICLLIFLUOUs AND SILVERY,
but noticeab.y tremu,ous as be detailed
the incidents Of his early life
Ex-Judee Jere Wilson, who replied
TO Major ButterwOrth's argument as TO
the admissabiitv of the letter, began
oy explaining that ne was confronted
an unexpected situation, since 10 had
been his expectation that the letter
would have been offered in evidence az
the close of the expert testimony. Hls
argument was that this case differed
radically from one in which the authen-
ITCHY of some paper or legal document
was attacked by the plaintiff. Here
was defendant ende3voring 20 intro
duce in evidence letter alleged to be
from the plaintiff, which she absolutely
denied
Until the Court had passed upon the
question whether 10 was competent
evidence the letter could not 60 10 the
jury.
10 was a question, according to the
attorneys, between the testimony Of the
two experts, based merely upon their
opinions, and the Tat denial or one who
knew and the only one who could know,
whether she had written 10. The strain
of thought led up % the discussion of
the value of expert testimony, against
which Mr.. Wilson opened the batteries
of bis elC0ueuce fortified by an opinion
from toe late Chief Justice Carter, of
the District Supreme Court Mean
time upon Mr.. Calderon Carlisle de-
volved the duty of keeping an eye upon
his client beside him,
WHOSE BREAST WAS HEAvING,
whose cheeks were flushed and whose
manner betokeued agitation. One Of
the opinions quoted by Judge Wilson
dealt with the testimony Of expert Ed
win p. Hay, OF whom the court had
said that he gave himself a spacious in
production.
"N0w we are coming 20 our friend, "
Mr Wilson remarked, and Colonel
Breckenridge broke into a quiet smile,
while the res, Of the court room
laughed. "Aud now We come to that
Washturn-Spruger report which you
wrote, said Mr. Wilson turning 90 Mr..
Butterwor-h.
"That was o good report, but I did
not write it, retortei Mr. Buuerworth.
only dear friend, that is is in your
own handwriting. j am expert enough
90 know that, Mr. Wilson replied
Messrs. Bu-rerworth and Wilson, 70
may be remarked parentheticaiy, were
iu Congress together.
The substance OF the opinions quoted
bv Mr. Wilson was that expert evidence
was the most unsatisfactory sort with
which courts had 90 deal, and THAI eX-
verts were prone 20 be- warped in their
opinions by their fees.
Mr Butterw0rth read the letter
which has already besn published. This
finished, Colonel Brec6inridge rose
again and described what had become
OF tine letters. BE had kept three files,
one at his house one at his Office aud
one partnership 6le. To was his recOl-
lection that the TWO had been placed In
the file at his Office. Returning to his
visit
TO THE WESLEYAN SEMINARY,
the defendant explained that it had
been made while on q business trip 20
Covingt0u, on Friday, the first of Au-
gust. There being no hotel sccomm0-
dau0ns iu C1vingt0n, be had gone TO
Cincinnati t1 stay over night. After
dinner, remembering the letter Of Miss
Pollard, he stroll ed up % the college.
''I sent my name up. he said, was in
vited nt0 room, and in few moments
the plaintiff came down. We shook
hands. She said she supposed she had
astouishad me by the substance OF
her letter; that 10 was worse
than divorce case. We took
seats. she on a dIvan, I on a chair, in
the rear Of the room. She narrated the
circumstances under which she had
made the agreement with Mr.. Rhodes.
Until then I had not known who her