The Daily Texarkanian., 1894-04-11

OF the case, on both sides, IN the
| famous, Pollard VS.. Breckenridge,
breach of promise trial, in progress
in his court at Washington D.
C.
For the plaintiff /. If the jury
finds from the evidence that there
were mutual promises of marriage
as claimed in the declaration, that
would constitute binding contract
and if the defendant married an
other person that would be a breach
of the contract, upon which the
plaintiff would be entitled to
sue
q The burden of proof is upon
the defendant to show by a pre-
ponderance of evidence that there
was an agreement and that merely
the semblance of a contract not
to be carried out was agreed upon
by them,
g. If promises we're made by the
defendant in bad faith, but accept
ed by the plaintiff in good faith,
this bad faith on his part would not
constitute a defense.
4. The conduct of plaintiff and
defendant about and after the
making of the contract are to be
considered in judging its good or
bad faith.
5. If the jury find that the de-
fendant promised the plaintiff in
good faith to marry her, the bur
den of proof rests upon him to es-
tablish by preponderence of proof
a defense or release, and it would
not be a defense that he had illicit
relations with her, or she told him
of illicit relations with others.
g. If before the contract there
was intercourse between the two
and the defendant knew that she
was previously unchaste it consti-
tutes no defense.
Z. If she informed him that she
had been impure with Rhodes, that
| 40 lafo7ca
8. The secret marriage does not
constitute a defense.
g. If promises were not made
until after the secret marriage it
does not constitute defense.
10. If the jury find for the
plaintiff they are to consider the
prospective advantages to the plain
tiff from the marriage, the injury
to her feelings, reputation and
chance of earning a livelihood by
the breach of promise, and may
award exemplary damages as
well.
II. If the jury find that the
plaintiff was chaste save with the
defendant, and that the attempt
to impeach her character was made
for the purpose Of defense, they
may consider the fact in awarding
damages.
Instructions for the defensei l..
Before the plaintiff can recover the
jury must believe from all the evil
dence that a contract was entered
between the plaintiff and the
defendant to become husband and
wife.
2. If the jury find that state
ments were made in the presence
Of other parties that they were to
be married, and that such state
ments were made pursuant to an
understanding for the purpose of
deceiving a third person, such
statements are not to be taken as
constituting or evidencing a con
tract,
3. The burden of proof to estab-
lish a contract is upon the plain
tiff.
4. If before the contract, the
plaintiff was guilty eff lewd and un-
chaste conduct with other men un-
known to the defendant, he was not
bound by the contract, and may
avail himself of such defense wheth.
er at the time Of his refusal he
knew of the conduct or not.
5. If the jury believe that the
plaintiff was guilty of unchaste con
duct with other men unknown to
the defendant, they must find for
him, even if knowledge of it did not
come to him until after the re-
fusal,
6. The jury may in mitigation
of damages consider the plaintiffs
character and conduct, if the same
was bad, and if the plaintiff was moi
seduced by the defendant may con
slider her want Of virtue.
The Judge was anxious to limit
the time of arguments to five hours
on each side, but after both sides
had protested against a time limit
he yielded the point.
CI..L1.. l.afa,o II oi,1n.ly tL,,.