The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1894-04-11

A Rainy Day and Spiritless Audience
Tearing Brsckinridge's Testimony to
Pieces-A Complete Chain of Evidence
Claimed-CoI. Thompson Pitches His
Speech in an Impassioned Key.
Washington, April 10.-Rainy weather
and the prospect of nothing more sensa-
tional than argument before the jury
kept away the crowd from circuit court
No. 2, where the Breckenridge case is in
progress. Outside of the respective coun-
sci, the jury, and the other actors IN the
case. there were not more than twenty
people present. Miss Pollard was there
with Miss Ellis and sat with her head
slightly bowed, her eyes cast on the table
at which she sat. Col. Breckenridge was
also present, fanked by Maj. Butterworth
and Col. Thompson.
The court room was dark and dismal
and this made Carlisle's task difficult,
although the jury showed great interest
in what he said. Resuming his argument,
Carlisle took up that portion of the de-
fence of Breckinridge in which he claimed
that he had not been intimate with the
plaintiff for long periods, while Miss Pol
lard testified that their relations were
continuous. He said that defendant ad-
mitted that he had met the plaintiff on a
night in November, 1887, in this city,
after a separation for a long time, and
that he took drive with her. This, said
Carlisle, coincided with the testimony OF
Miss Pollard that defendant had met her
at the time named and took her to the
house of Aunt Mary Mckenzie, where, IN
the February following, she gave birth
to the babe which Col. Breckenridge de-
MED knowledge of.
He next discussed the contradictory
testimony of the plaintiff and the defend
ant about what happened when Col.
Breckenridge resided for three weeks at
Miss Hoyt's house in Lexington, where
Miss Pollard was a boarder, and contend
ed it had been shown that the guilty re-
lations between the pair were continued
there. Finally, in his narrative, Carlisle
came to the promise OF marriage made
before Mrs. Blackburn. Carlisle quoted
Mrs. Blackburn's account of the first in
teryiew on Good Friday night, 1898,
when. according to the witness, Breckin-
ridge asked her to take charge of Miss
Pollard as his future wife.
s'He has not spoken one word in con-
tradiction of Mrs. Blackburn's state
ment." said Carlisle. ''He tells you tile
testimony is true"
Carlisle also referred to the letters that
had been written by the parties in the
case. Breckenridge swore that no letters
had been exchanged between Miss Pol
lard and himself in 1886, and yet type
writer testifies that she addressed en-
velopes to Miss Pollard for the defen-
dant during the year, and the plaintiff
had said she received many letters from
him. Carlisle laid great stress on the
little decorative basket which belonged
to the late Mrs. Breckenridge. Miss Pol
lard testified it had been given her by de-
fendant. Col. Breckinridge denied this
and limited it had been stolen from his
apartments by Miss Pollard.
ssSometimes a little thing like this
proves to be the most important in a
case.'' said Carlisle. "The witness has
told you it was on Miss Pollard's lap
while B1eckinridge was sitting by her
side. and it has been shown that he saw
If many times, and that fact proves that
there was a degree of affectionate inti-
macy between the defendant and plain
tiff that presaged marriage"
Randy reviewing the testimony
about the outward appearance Of an
enoasement, Carlisle summed up this
feature by saying that there was con-
tract of marriage between the plaintiff
and defendant, which had been shown
hv the production of an invitation
he addressed to her to attend recep-
tion in his honor at young ladies'
seminary: it had been further shown by
mis- visits to 1S19H. street, where Miss
Pollard was staying; by what Claude
De La Roche Francis overhead between
the two andby the positive clear, explicit
statement of Mrs. Black burn. 1t was fur
ther confirmed by the visits in May,
1898. to plaintiff and by two visits to
the chief of police.
"The history of this form of action"
said Carlisle with emphasis, will not
present a more complete chain of evil
dence than has been presented here of
a breach of contract of marriage.
In conclusion, Carlisle said it has been
shown that this man of power land in
fuence and distinction, social and pollti-
cal, did acquire power and influence
over this plaintiff, that he did have an
influence over her life, did promise to
repair that injury he had done. II you
think, gentlemen, you are authorized
as the court tells you in its instructions
not only to give compensatory DANA
ges. taking into consideration the pre-
yious relations of the parties, what. the
social advancement of such marriage
would have been to plaintiff, but you
are authorized to give exemplary dam
ages; you are allowed to give punitive
damages, to punish defendant as an
offender against the rights of man. In
doing this there is only one limit to
your action, and that is the full amount
claimed in the declaration, $4,000
When Carlisle sat down, Colonel
Thompson began his opening for the
defence. He was impassioned from the
| beginning, and spoke in a manner entire
" different from the colloquial matter
| of fact way in which Carlisle. addressed
| the jury. Just before he began to speak
Miss Pollard and Miss Ellis left the
court room. Mr.. Thompson said he die
not extenuate the fault of any man wh'
had been guilty of seducing a young
| girl, but he did not think that mar
! should be held responsible in suit o
| this kind for having been intimate will
| a woman who was of i'll repute. Speaking
| in his high keen voice, with his pro
nounced Southern accent, he appealed
| to the Jury to regard the plaintiff a
| lewd and wanton woman, and not t.
encourage such to bring their suit
| in here and make a stencil in the nos
| trils of decent people.
| After referring to Miss Pollard as
1 Id pfi ik,.fa ~.