The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1894-04-12
NEUTRALITY-SUSPICIOUS..
JUDGE BRADLEY DELIVERS HIS
CHARGE TO THE JURY.
1t is Concise and Fully Covers All Points
In the Case, and if Madeline's Story
is Believed She Will Surely
Get Judgment.

breach OF promise litigatione, consum.
ed the day ia court in review of the
testimony before the jury in the Pol
rd-Breckinridge case. His state
ment was detail dissection Of the
evidence, delivered in clear dis
passionate manner, although the law
yer referred TO Colonel Breckenridge
in very scratching and cold. blooded
words. The silver-tongued congress"
man conducted himself very monch-
antly, joking with the lawyers dur.
ing the day. Miss Pollard sitting
directly in front of him kept her face
shaded by black gloved hand most
of the time. Only once was there any
interruption of the argument, it
was when Colonel Breckenridge set
the speaker right on the point of
family title about which he held to be
rather particular. All day the closest
attention was given to the speech by
the Jury and spectators, 80 that there
was deep silence in the courtroom
Mr., Carlisle will continue tomorrow,
and it is net impossible that the
speaking will last until Friday.
There was counter. attraction to-
day in the arraignment of bigamist
of local celebrity, 80 that the groupe
of curious women in court were
largely reinforced.
Miss Pollard had her most Oecom
ing bonnet on when she entered the
court, accompanied by Sister Ellie
and hel counsel today. she took her
usual chair before the judge, her pro-
file TO the jury. The audience WAS
COMPOSED mostly of members of the
bar and was smaller than custom
arily. Judge Bradley first announced
his decision for instructions. Nine
prayers of the plaintiff were
gran ed in modified form and five of
them refused. Six for the defendant
were granted in modified form or gu }.
stitutes granted and five were re-
fused. Incidentally the judge said
that while the burden of proof rested
on the plaintiff to show that con-
tract to marry was entered into, the
defendant set up the defense that the
contract was not made in good faith,
the burden of proof would rest upon
nlLl w ElOW tliCIb AbCAO "SNS Ssh AhNNA
standing that the CONTRACT was not to
be carried out and that this testimony
in the presence of other parties was
made with the understanding on the
part of plaintiff and defendant.
The instructions granted ia con-
densed form as follows: For the
plaintiffs:
Flrst-If the jury finds from the evil
dence that there were mutual prom
Uses of marriage, as claimed IN the
declaration, that would constitute a.
binding contract, and if the defendant
married another person that would DE
breach of the contract upon when
the plaintiff would be entitled to sue
Illicit relations with him, or with
others, before the contract was
made, it kpown to him, would
not operate to defendants benefit.
Second-The burden OF proofs upon
the defendant to show a preponderance
of evidence that there WAS an agree
ment that merely the sem blapce OF
contract not to be CARED out was
agreed upon by them.
Third-If promises were made by
the defendant in bad faith but ac>
cepted by the plaintiff in good faith,
this bad faith on his part would not
constitute defense.
Fourth-The conduct of plaintiff
and defendant after the making of the
contract are to be considered in judg-
ing its good or bad faith.
Fifth-If the jury find that the de,
fendaat promised the plaintiff in good
faith to marry her, the burden OF
proof rests upon him to establish by q
preponderance of proof defense OF
release, and it would not be defense
to prove the Illicit relations with her
or that she told him of Illicit relations
with others.
Sixth-If before the contract there
was intercourse between the two and
the defendant knew that she was pre-
viously unchaste it constitutes NJ
defense.
Seventh-lf she informed him tina
he had been impure with RhoneI
hat constitutes no defense.
Eighth-The secret marriage doe
OF constitute defense.
Ninth-If promises were not mad
auntil after the secret marriage 1t doe
tnot constitute defense.
Tenth-It the Jury find for the plain
tiff they are to consider tn prosperity
advantages to the plaintiff from To
marriage, the injury to her feelings
reputation and chance of earning
livelihood by the breach of promise
and may award exemplary damage
as we'll.
Eleventh-If the jury find that tn
plaintiff was chaste, save with the de
iendant, aud that the attempt to I'M
peach her character was made for tn
purpose of q defense, the Jury ma.
consider the fact in awarding Dam
ages. ,.
First-Before the plaintiff can re
cover tho jury must believe from tn
evidence that contract was entered
between the plaintiff and detendan
TO become husband and wife.
Second-If the jury find that state
r1ents were made in the presence o
other parties that they were to, 6'
married and that such statement
were made pursuant to an understand
ing for the purpose of deceiving
third person, such statements are no
to he taken as constituting or cyl