St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-04-04

ironclad deniais of the testimony Of
Mrs. Lowell, beside contradicting Miss
Pollard at many points. Judge Wilson
was disposed to drop into vein Of sar-
casn, at times speaking of the defend
ant as "a MISUNDERSTANDING and per-
fcctly respected gentleman like your
self" He laid the foundation for IA ore
testimony in rebuttal by obtaining a
denial that a servant at the fashionable
boarding house where Miss Pollard had
lived had ever seen her using, in his
presence, that work basket formerly
belonging to his dead wife. which the
colonel Swears lie did not give the
plaintiff.
EVERYBODY Is GUESSING
tonight the nature of the new line of
examination which Mr.. Wilson an
nouuccd that he would take up in the
morning.
Interest was intensified, too, today
by the presence OF two ladies
i'll the court room whose faces had not
been seen before, sitting at the table
with the Pollard forces. and from the
passage which ilau closed the eXamina-
ton of the day before it was surmised
that one of them must be Louise Lowell,
the stcnograpaier and typewriter who
had a desk i'll the capitol in 1886. and to
whom letters were dictated by Col.
Breekinridge, if the claims Of the
plaintiff be true. Mrs. Lowell is at
present a clerk in the treasury depart
ment, and is woman of short stature.
with hair beginning 10 turn gray. She
wore this morning a dark green gown
trimmed with gilt braid. Judge Brad.
ley does not seem 10 relish the teSti
mOny which Col. Breckenridge is Civ
ing. The judge occupies chair be-
side the witness box, but on a raised
platform behind ponderous d esk.
Whenever Gel: Breckenridge begins
to talk the judge wheels his chair
around so that the heavy upho!-
stored back is turned toward the wit
ness box, and directs his gaze toward a
far corner window. reads legal docG-
mentS or closes his eyes. This same po-
sitOn was resumed by his honor soon
after COD. Breckenridge stepped into the
box this morning, after half an hour
didates for the regular April jury and
excusiDg them until Monday.
Mit. BUTTERwoRTH
at once opened the question OF the adj
instability OF the correspondence al
legged TO have been held with Mad aline
Pollard in 1856. Judge Wilson, in re-
ply. assured the court that the evil
denee had not been discovered until
Sunday. and asserted that he proposed
to put the witness Oh the stand at once,
that Col. Breckenridge might not be
taken by surprise and that he might
have ample time to make explanations.
The question WAS raised by Mi. Butter
worth whether the discussion of the
proposed testimony should be had be-
fore the jury.
The question. said Judge Bradley,
seemed to be whether evidence tending
to show that paper had at one time
existed should be offered at this time
to lay foundation to contradict the
witness.
Mr.. Butterwerth. in replying, said
that, while Mr.. Wilson had spoken for
himself in saying the evidence had only
been discovered Sunday. it was not ap-
pareut that he had spoken for the other
counsel and his clieent. whereupon Mr..
Carlisle insisted upon adding mis- assur-
ances to those of Judge Wilson. and
considerable asDerity was developed
among the lawyers over the point.
j Judge Bradley inquired whether, if
the letter was IN existence and Col.
Breckenridge denied it. it could not be
produced in rebuttal, and Mr. Shelby
responded that even under those cir
cumstances it could not, since it would
be an attempt, under the guise OF re-
buttal, to prove the case in chief. More
argument was made by Mr.. Wilson, who
held that the effect OF evidence could
not be eliminated because it came out
i'll cross-examination.
Half an hour had been consumed by
this argument when Judge Bradley de
cided the point, saying that there could
be 20 doubt about the admissiblliiy of
the letter itself if it was in existence as
basis of crOSS-eXamination.
ALTHOUGH a NOVEL CASE
confronted the court. the authorities
seemed to be that where paper had
been destroyed OF lost, proof of its
previous existence could be interjected.
1t seemed to be proper. since the cross
examining counsel said the paper was
not in his possession, and the witness
denied knowledge OF it, to interiect
proof of Its existence as basis of ex-
animation. Thereupon Mrs. Louise
Lowell took seat III the witness box.
She said that she had known Col. Breck
inrIdge since February, 1856. having be
come acquainted with him at the house
of representatives, where she had an
office TO carry on business as a Stenog-
rapher and typewriter in the corridor
by the committee on postoffices.
Did you do work for Col. Breckin-
ridge?' MIR. Wilson asked.
II did"
''Did he bring manuscript of letter
to you?"
lie did. and 1 copied it in type
writer"
How was that letter Addressed"
Il object" interrupted two or three
OF the breckenridge attorneys. who pro-
tested that there was no proof of the
letter having been mailed, but Judge
Bradley said to sustain the objection
would be to nuliify the purpose of adj
hitting the witness. The manuscript
and copy had been returned to the
colonel. Mrs. Lowell continued. From
1886 10 1890 she had copied manuscript,
A DEPRESSED ENVELOPES
and done Col. Brecklnridge's priv ate