The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1894-04-15
$4,000 FOR MADELINE.
Concluded from FIRST Page,

ties had been obscure it would have at
tracted but little attention. But because
one of the parties had been of national
prominence and because, he feared, of the
character of the details, II had attracted
a large and sometimes vulgar crowd. The
court and even some of the jurors had
been deluged with letters conveying sug-
geStionS, to which the writer's had not the
decency to write their names. He believed
the jury had followed the injunction TO
discuss the case with no one. 1t was in
accurate to say that the community at
large was a third party to the case. FIX
tween the parties, the world at large had
no interest in the case. Public opinion
should not weigh a feather weight; alb
Stract principles were not TO be Vindicated
nor the country girl, the home and the
family. Personal opinions or wishes based
on the relations between the parties, or
other facts were not to be considered. 1t
was only a question whether a contract
to marry existed and whether, If broken
there was an excuse for breaking it. The
verdict was not to vindicate the character
of either party.
Although much of the testimony was un-
fit to be reviewed, ii was to be said TO the
credit of the parties that they had handled
indicate details as carefully and decently
as possible. Nearly all of the counsel selma. mad
ted that this could not be said of all the
counsel. Nere all eyes were turned to Col
Phil ThonPson2 Any revoiting STANDARDS I Itr1s
not TO be weighed a evidence, nor were
collateral details TO be allowed to obscure
the mann issue. what circuit SllOulu De
placed on the testimony of plaintiff and de-
PENDANT, where they differed was TO be
judged in the light of the character and
TeS 1 M1 affecting their credibiiity
After reviewing the contentious or the
two parties briefly. he read the legal in
been printed. Colonel Breckenridge sat be-
tween Major Butterworth and his son
Desha, with his. chin resting on his hand,
while the instructions were being read. The
whole charge was in manuscript, and Judge
Bradley read it in rather a monotonouS
tone In explaining one of the Instructions,
the Judge said that if the defendant had
any knowledge of improper conduct on
the part Of the plaintiff when he promised
to marry her. if he did, his action
doned those offenses. Explaining another,
he said that the defendant quoting Mas
sachusetts opinion, could not be excused
from failure to perform a marriage con-
tract by legal inability TO fulfill it, because
his legal inability did not lessen the dam
age to the plaintiff from m his failure IRE to
priety than that by Julian, regarding a
mock marriage, TO form an excuse for
Judge said, and he quoted Julian's testi-
mony. Lewd and lascivious conduct meant
more than Julian had testified to, or Ro-
selle, who told of such acts as were COM
mon between people engaged TO be mar
ried. To sum 1t all up, if a contract was
not made or ii was agreed to with the
understanding that IL was not TO be carried
out the verdict should be for the defend
ant. If a contract had been made. and
broken lney were 10 llIlu lOT liIe pldlIllllI,
awarding such damages as they saw fit
Their verdict must be formed upon the
preponderance of evidence
The jury retired at seven minutes after
3 o'clock. and in less than one hour and a
half returned with the verdict given above
The jurors took fifteen ballots before
reaching their conclusion. The difference
was mainly over the amount of damages to
be granted, and there was but one man on
the jury who favored the defendant. On the
first ballot juror voted for the defense
and hung out for a time, but his colleagues
thought he did il more for the sake of ar
gument than because he was strongly in
favor of Colonel Breckenridge. A number
of ballots We're required to reach COM
promise on the amount of damages to be
awarded. Two or three jurors wanted TO
give the full amount OF $4,000, while the
others thought that merely nominal dam
ages would serve 10 express their opinion
lard Shabbily.
Formal notice of motion for a new trial
given by the defense. Colonel Breckin-
ridge was very cool after the verdict had
been rendered. He walked away with his
counsel, talking with him, but declined to
speak at that time for publication, did
his attorneys
Miss Pollard was somewhat excited, but
not hysterical. while awaiting the result,
and, as woman always does, broke into
tears when she heard IL. She declined TO
be interviewed. and her attorneys said that
she was anxious 10 efface herself from the
public sight as far as possible, now that
the case had ended.
There was nothing but expressions OF APP
prevail. and regrets that the amount was