The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1894-04-11

WASHlNGIONs ID. u, April 0.-Inere
was a variation of the order OF testi-
nony in the ollard-Breckinridge trial
today TO permit the introduction of evil
dence that Col. BTe rkinridge had carried
on a typewriter correspondence with
Madeline Pollard from the house of rep
resentatives in 1856. The demand from
the plaintiffs lawyers to be permitted
to follow this course brought delicate
question of law before the judge. Ii was
conceded that documents might be
brought into a case and a witness ques-
TONED upon il in cross-examinatiOn from
which to lay the basis for contradiction,
but whether the existence of a missing
document could be asserted and
the defendant asked whether he
wrote it was another question,
question which Judge Bradley
decided in the affirmative after listening
TO the arguments and consulting author
titles. He held, however, that the wit
nesses could not be asked to give their
recollection of the contents of the letters
Accordingly Mrs. Louise Lowell who
conducted a business in typewriting at
the capitol in the year of 1886 and had
been discovered by the plaintiff last
Sunday. stated that she had copied
mysterious letters upon a typewriter Cor
the colonel and had also addressed for
him package of envelopes to Miss
Pollard. 20 n. Upper-st.. Lexington,
Ky" having made an entry of the ad-
dress in a notebook which she produced
but which did not entirely substantiate
her statement because IL seemed to have
been used in 1887 and 1888.
Miss PoIIard's Brief Testimony.
Miss Pollard also appeared in a speak
ing part once more to testify that she
had received the letters in question
During her brief appearance the lawyers
had their hands full endeavoring TO
make her confine herself to answering
the questions directed to her. for in her
untrammeled utterances when on the
stand before she scored some of the most
telling points for her side.
Thereafter the program was a continue
ance Of the fencing between the con-
gresham from Kentucky and the ex-
congressman from Indiana. Both Col.
Breckenridge and ex-Judge Wilson are
lawyers of brilliant parts and no exhibi-
ton Of it's kind approaching the thrust
and parry Of the two men when pitted
as examiner and witness has been heard
for years 1t was enjoyed by an audi
ence worthy Of its merits, for beside the
usual varying corps of congressional at
tendants and lawyers, there was a we'll
known methodist clergyman in the audi
ence and retired judge of the district
court luxuriated in a seat beside Judge
Bradley. Col. Breckenridge made iron
clad denials of the testimony of Mrs.
Lowell, beside contraGicting Miss Pol
lard at many points. Judge Wilson was
disposed to drop into a vein of sarcasm
at times, speaking of the defendant as
q "Fatherly-lOoking and perfectly re-
spected gentleman like yourself"
He laid the foundation for more testf-
nOny in rebuttal by obtaining denial
that a servant at the fashionable board
ing house where Miss Pollard had lived
had ever seen her using in his presence
that work-basket formerly belonging
20 his dead wife, which the colonel
6wears he did not give the plaintiff.
Everybody is guessing tonight the ma
ture Of the new line of examination
which Mr.. Wilson announced that he
would take up in the morning.
Sparring by Attorneys.
A battle royal Of wits between ex-Con-
gresham Jere Wilson and Congressman
w. c. P. Breckenridge was expected to-
day after the interesting sparring of
yesterday. Both are men of the greatest
ability and pitted against each other as
examiner and witness they manage to
furnish a fine display of mental SPAR
ring. Interest was intensified, too. by
the presence of two ladies in the court
whose faces had not been seen before,
sitting at the table with the Pollard
forces and from the passage which had
closed the examination the day before il
was supposed that one of them must be
Louise Lowell. the stenographer and
typewriter who had a desk in the capitol
in 1885 and to whom letters were die
tated by Col. Breckenridge, if the claims
of the plaintiff be true. Mrs Lowell is
at present clerk in the treasury de-
partment and is woman Of short
stature, with hair beginning to turn
gray. She wore this morning a dark
green gown trimmed with narrow gilt
braid.
Judge Bradley does not seem to relish
the testimony which Col. BreckinrIage
IS giving. The judge occupies a chair
beside the witness box, but on a raised
platform behind a pOnderous desk
Whenever Col Breckenridge begins tc
talk the judge wheels his chair around
so that the heavy upholstered back is
turned toward the witness and directs
his gaze toward a far corner window
reads legal documents or closes hi.
eyes This same position was assumed
by his honor soon after Col. Breckin-
ridge stepped into the box this morning
after half an hour had been consumed
in examining candidates for the regular
April jury and excusing them until next
Monday.
Point of LAW.
Mr. Butterworth at once opened the
question Of the admissibility OF
the correspondence alleged to have beer
held with Madeline Pollard in 1886
Judge Wilson in reply assured the court
that the evidence had not been discov.
cred until Sunday and asserted that nj
proposed to put the witness on the
stand at once. that Col. Breckenridge
might not be taken by surprise ane
that he might have ample time to make
explanations. The question was raised
by Mr.. Butterworth whether the discus
sion OF the proposed testimony should bt
had before the jury. The question. sale
Judge Bradley, seemed to be whethel
evidence tending to show that paper
had one time existed should be Offered
at this time, to lay a foundation TO con
tradict the witness. Mr.. Butterworth
IN replying. said that while Mr.. Wilson
had spoken for himself in saying the evi
dence had only been discovered Sunday
II was not apparent that ne had spoken
for the other counsel and his client
whereupon Mr.. Carlisle insisted upon
IL