The Roanoke times. [volume] (Roanoke, Va.) 1890-1895, 1894-04-10

WASHINGTON, April 9.-The begin
ming OF the second month Of the Pol
lard Breckenridge tri al this morning
witnessed the beginning of the end in
the commencement of the arguments
before the jury.
Miss Pollard was on hand early. She
looked we'll and appeared to be in the
best Of spirits, chatting with Miss Ellis,
her. Colonel Breckinridga and all his
lawyers were prompt, including Major
Butterworth, who delivered speech in
Cincinnati Saturday night and left that
city Immediately for Washington.
After some time spent in empaneling
a new circuit court jury Judge Bradley
read his decision with reference to the
prayers for Instructions to the jury,
which were submitted by both sides on
Saturday he granted ten Of fourteen
prayers of the plaintiff and seven of
the twelve prayers OF the defendant.
After making his decision Judge Brad
ley said that while the burden Of proof
rested on the plaintiff to show a con-
tract to marry was entered into, as the
defendant has set up the defense that
tho contract was not made in good faith,
the burden of proof would rest upon
him to show that there was an agree
ment that the contract was not to be
carried cut and that statements IN ado
in the presence of other parties were
mado with this understanding by both
parties.
Major l'utterworth and Judge Wilson
each made an appeal to tho court not to
set limit of time on the argument, and
Judge Bradley granted the request,
with the understanding that counsel
would not take up too much time
Calderon Carlisle then began the open
ing argument fer the plaintiff. lie
agreed with ajor Blu tterworth, he said,
that there were three parties TO the
suit-the plaintiff, the defendant and
tho community, and he pointed out the
full account in tho newspapers of the
trial as evidence that the community
was deeply interested
Before going into the legal aspects of
the case, Mr.. Carlisle reminded the jury
of the distinguished career of the de-
PENDANT and the advantages at his com
mand in preparing his defense. Mr..
Carlisle said that the defendant had
known the father Of the plaintiff, who,
though humble saidler was yet q
prominent Mason and Odd Fellow.
He sketched briefly the life of plain
tin up to the sitting Of the suit. period
ranging from 1876, tho time her father
died, to 1893, and incidental to this he
paid his compliments to Mrs. Miller,
alias Mollie Shing lebsuer. 1t had been
shown by witnesses on the stand, Mr..
Carlisle said, that during the period
covered by Mollie Shinglebauer-1s77-
'S-the plaintiff was in Pittsburg, Pa,
and not in or near Frankfort, KY, as
the Shinglebauer woman testified.
AS to Brant and Kaufman, who
swore they knew the plaintiff as an in :.
mate of Lena Slngleton's disreputa Bile
house in Lexington, Mr.. Carlisle said it
was shown by reputable witnesses that
plaintiff had not spent single night in
Lexington during the period fixed by
these two constituents Of a Congress.
sional district" as Mr.. Carlisle called
them, and further than that it had been
shown that house fixed upon by one OF
these young men sin the exuberance OF
his imagination" as the place where
Madeline Pollard lived with Lena Sin
gleton was not built until 1886
Then he took up the attack on the
plaintiffs character contained in the
testimony OF Rankin Resell, who said
he broke his engagement with Miss
Pollard because he did not like the
way she allowed him 20 caress her"
He placed against the testimony Of
Resell that given by Mrs. Brown, the
vice-president Of Wesleyan College,
which was that visitors were allowed to
come to the college one night a week
only. and that Resell was no exception
to this rule
Aleck Julian, Miss Pollard's, "blind
Barnabas" was hauled over the Goals by
Mr.. Carlisle at length. Brief reference
was made to the story of Wood, the old
carpenter, who swore that the plaintiff
had broken her engagement to him be-
cause he refused to take her to Europe
and Mr.. Carlisle asked the Jury to be.
lieve the statement Of Miss Pollard with
regard to the story Of Wood
This brings US up to 1884, when the
defendant met her" he said. For nine
years the defendant was intimately ac-
quainted with this plaintiff, and yet
with all the knowledge gained by that
intimacy and with all his influence as
member of Congress at his command,
all he is able to produce are the deposit
lions of such disreputable characters as
Brant and kaufman and Mollie Shingle--
bauer and Aleck Julian and Rankin
Resell and Old Man Wood"
Then Mr.. Carlisle told Of the meeting
between the plaintiff and the defendant
on the train in 1884. He passed over
this quickly, saying: Both parties said
it WAS merely a conversation, the only
point Of difference being that she said
he accosted her; he said she accosted
him, and now before we 60 further"
said Mr.. Carlisle, 'let us see what man.
nor Of man this was who had to 90
through the train to get his overcoat
and who found school girl in his path"
The history Of the Kentucky orator WAS