The Washington times., 1894-04-07

her house on August 81, 1892 the day on which
the plaintiff claims Col Breckinridge frs
broached the subject Of marriage after the death
of his wife
The four mysterious volumes of Irving which
had figured in that part Of the case entering
about the Norwood convent, and In which tht
disputed Christmas card had been found, were
placed on the witness stand
Then Attorney Calderon Carlisle walked to the
stand and took the oath This proceeding clio
tied strenuous objections from the defense, Mr.
Shelby officiating Us principal spokesman
prompted by his colleagues and contending
that the matter had been fully threshold over In
the direct examination.
Judge Bradley remarked that the deposition
of the two nuns, Siste Agnes and Sister Angus
tine, carried the intimation that the card mighl
have been put into the book by Attorney Car.
Isle or ATTORNEY johnson Mr. Shelby was Ger.
tain that no such intimation had been conveyed
by the depositions, but there were other persous
present besides the attorneys, and II such inti
nations were carried the defense wns entitled
to them for whatever they were worth.
The Judge said that such intimations against
the attorneys Of course would not be believed
by any one, but since they had been conveyed
the gentlemen should be allowed to clear theiI
skirts
ssome strong words were said BY Mr. Wilson
concerning the depositions, who said that while
Mr. Carlisle had been entirely averse to taking
the stand, 1t was being done under his insstence
snow proceed, Mr.. Carlisle" he said
Mr. Carlisle proceeded:
~ am able to swear that from the time tool
that book from the bookcase until discovered
in 1t the Christmas card no other hand but mine
and that of Sister Agnes touched 1t. was look
ing for handwriting In the book or some Other
mark Of Identification, While was handling II
] found between the leaves this Christmas card
which did not have itsedges turned up or curled
and had on 1t the handwriting which You have
seen Compliments of w. s. D. There was also
the invisible net and the pressed rose leaves
When found them my client was sitting in al
opposite corner Of the room and my colleague
MIR johnson, was some distance away. No one
but myself could have put those things between
the leaves of the book when our party was there
and say TO you, gentlemen, on my oath that
did not do it,"
a detailed cross-examination concerning ali
the circumstances of the visit was conducted By
MIR Shelby. MIR. Carlisle was positive that nc
hands but his OWE and those of Sister Agnes Re-
gina had handled the books from the time they
were taken from the book case until the card
WINS found. Mr.. johnson. Sister Agnes, and Miss
Pollard were in the room together for five min
utes while Mr.. Carlisle was in the adjoining
room.
One of the jurors inquired whether they had
been there before or after he found the card, d
question which Mr.. Carlisle said he could not
answer certainly until he had sent to his Office
for a memorandum. Meantime another juror
asked TO be allowed TO examine the book IN
which the card had been found
Before they left the asylum, Mr. Carlisle
stated, he had returned the card to the sisters,
requested them to place 1t in the book and lock
ii up, and he had hot seen 1t until it brought
into court The statement Of Sister Agnes, that
the card had been dog-eared or bore evidence
Of laylng been rollel, was caihThcterlZtu Dy tuc
attorney as distinctly inaccurate.
On consulting his memorandum Mr.. Carlisle
found that the bookcase had not been opened
until after his visit TO the adjoining room to con-
suit the records Had IL been opened, however,
during that absence, he thought he would have
heard il, as the door between the two rooms
stood alar, and he heard constant conversation
between Attorney johnson, Miss Pollard and the
Sister.
Next came Attorney W. G. johnson, who stated
that he had been present when the card was
found
II did NOT put the card or paper into the book.
They were not carried there by me or by any
body who accompanied me there"
He had been accompanied by Mr.. Carlisle, Miss
Pollard and Miss Pollard's brother, who did not
enter the convent The books had been ex-
amined by Mr. Carlisle. and while he was looking
at them Miss Pollard suggested that she thought
she might have left between the leaves Christ
mas card from William Seymour Davis, which
might have writing on it. No one in the party
Ind touched the books before that.
There was some friction between the attorneys
over what had become of the books after they
were left in the convent Mr.Stoll had taken them
away or the commissioner, it appeared, and
while Col Phil Thompson was talking Mr.. Will
son remarked: '.Mr. Stoll is here and he can
speak for himself" That gentleman replied:
.Mr. Stoll has spoken for himself" and Col
Stoll on the stand" There was no cross-exami-
nation of NJ. Johnson.
Once more Madeline Pollard was brought to
the witness stand.
Shindlebauer?" was the first question.
II never did"
"Did you ever know John Brandt?'
"I never heard OF him until his deposition was
taken for this case"
''Did you ever know n Lena Singleton"
''Never until she was brought into this case"
'Did you ever meet John Brandt on the street
and go riding with him."
'Most assuredly not.
"Did you know man named Hiram kauf-
man"
u\oror
.'Did you ever, at Wesleyan College or else
where, tell this defendant that you had ever had
improper relations with Johu Rhodes?'s
sfhere was never a word on my part that
could be construed into such lie against that
honest old farmer
''Did you ever have improper relations with
Mr. Rhodes"
Never, never, Mr. Carlisle" she was saying,
when the defense interposed objections.
"Did you tell the defendant that you had been
TO Sarah Guess with Rhodes?"
II could not have said So ! never saw the
place until j walked up 10 the gate with my
hand in his (Breckinridge'S arm"
1he young womans face was flushed, and she
spoke with tragic air. Attorney Shelby at
tempted to interrupt her with an objection, but
she raised her arm with an imperative gesture,
quieting him with, Il must be permitted to an
swer this, Mr. Shelby"
What was the conduct of Mr.. Rhodes toward
your was the next question TO which she
replying. ale loved me'-when she was cut off
by an objection, which the court sustained.
.'Did you have sexual intercourse with the de.
fendant on that first carriage rider
II did not, aud he knows it as well as do; not
until the night we visited sarah Guess
''Did you talk with him about George Eliot
that nicht?'
we did not. / did not know of George Eliot
then. had never read her works or anything
about her life until after my first little baby
born In that miserable little room in Cincin-
natl opposite the furniture factory
More objections interrupted this statement to
the effect that she had already covered this point,
and Judge Bradley ruled that any circumstances
to the same point were in order; so she continued:
"Mr Breckenridge brought me in paper
cover the first edition of George Eliot's works
ever read / thank him for it now. 1t has been
u great benefit to me"
s'Did you suggest Sarah Guess to him as q
place of meeting"
"Most assuredIy not did not know of such a
place"
"The defendant has sworn that on that evening
he put ten-dollar bill in your hand. Is that
trueF
THAT is as false a statement as even he ever
made. He could not have done it. No man
could have put ten-dolar bill in my hand"
she said in an excited manner.
The circumstances OF her engagement to Mr.
Wood, the Lexington carpenter, were narrated
by Miss Pollard in her usually graphic manner
He had been in the habit of coming to the house
to see her aunt and one day after she had sung
to him AT his request he asked her aunt IL he
could many her That's a question you ought
to ask her" the aunt. said She had told him
that she did not want to marry anyone. Her
aunt urged that he had money and that she
could continue her schooling, and she consented
When he brought her ring, however, she
handed ii back, telling him that she never could
marry him He frequently came and asked her
10 reconsider her decision
''He was kindly old man, and could not
have been angry at him." she concluded.
After the noon recess Miss Pollard stated that
she did now know Owen Tinsley, the brother Of
Squire Tinsley; that he had not been seen at the
squire's house on the Christmas of 1883 and that
no mock marriage had occurred on that occa-
sion as Alec Julian had testified. Some wraug-
ling between the lawyers occurred before Miss
Pollard was permitted to deny that mock mar
riage had taken place or that she and Julian
had gone to bed together.
NO indeed. we were not together at all that
alone" she said. I'VE were in the fam
lily room, where all the children were playing