The morning news. [volume] (Savannah, Ga.) 1887-1900, 1894-04-14


sci who will speak for you,n Judge Brad
ley said impatientlY
But have constitutional right to
represent myself, too, Col. Breckenridge
replied.
"If your honor so decides it, I'd like
you TO say So but Judge Bradley did not
answer, and Judge Wilson continued.
THE PROMISE OF MARRIAGE.
Taking up the alleged promise of mar
riage, Judge Wilson spoke of the intimate
social relations between Col Bre6kin-
ridge and Miss Pollard, laying great
stress on Mrs. Blackburn's testimony
that the defendant had repeatedly told
her he loved no one but Madeline"
Madeline, mind you" said Judge Will
son, mot Miss Pollard and that he had
not the slightest intention of marrying
Mrs Wing"
Impressive, Judge Wilson told of the
scene in Mai. Moore's Office, when the
plaintiff and the defendant clasped hands
and despite the fact that the defendant
had been married thirteen or fourteen
days before-he swore before high
heaven that on the last day of that month
he would make her his wife.
''He should be by her side to-day"
cried Judge Wilson. "Instead of being
her defamer, he ought to be her guardian
and protector to-day. If that promise
had been made in the state Of New York
it would have been a binding contract,
marriage, and If he had made it while he
was already married it would have put
him behind barred doors"
A CHARGE OF PERJURY.
After the recess Judge Wilson, referring
to some Of the letters that had been read
by the defense, said There has been no
hesitation whatever to use perjury TO tar
nish the reputation of this plaintiff, and
what has been done is putrid and offen-
siye to the nostrils OF all. The accusa-
tion made by this Shinglebauer woman
lies at the very bottom of this defense
They want to prove that the plaintiff was
a matured woman before she met this de-
fendant."
Judge Wilson held up to scorn the at
tempt of Mai. Butterworth to show vic
ious habits through Miss Pollard's school
girl letters. Madeline Pollard had not
met James Q. Rhodes until the summer of
1888 and yet during the months Of May,
June and July of that year, said Judge
Wilson, "the defense sought TO prove that
she was then living in a house of prosti-
tuition in Lexington. In all the letters TO
James G. Rhodes, from the plaintiff, there
was not a suggestion Of any improper re-
lations. II there had been such relations
it would have cropped out somewhere"
Judge Wilson handled without sparing
the testimony of Brant and Kaufman
and the other witnesses who made oath
to the plaintiff having visited the house
of Lena Singleton when that house at the
time had no existence, and he knew Of
nothing more worthy of reprobaton than
the putting before jury OF every per-
jured statement that could be hunted up
in the back alleys and slop barrels of
Lexington to blacken the character of
this unfortunate girl,
TIFF OVER DISPOSITIONS.
There was quite a tiff between Judge
Wilson and the opposing counsel on the
subject of depositions. Yesterday Mai.
Butterworth threw the gauntlet down by
asking Mr.. Wilson: ''Will you answer me
why you failed to take depositions to
Offset our testimony taken in Lexington2p
Judge Wilson replied that he would take
up that challenge. His answer was that
when the plaintiff had tried to take de-
positions she could not get notary or a
commissioner to authenticate them.
Maj. Butterworth insisted that this
was not so, and when Mr.. Stoll inter-
rupted, Judge Wilson told him he dare
not deny his accusation.
Then Judge Wilson took up the testi-
mony of Rankin Resell. who was at one
time engaged to the plaintiff, and said
that Resell had furnished loop Which
the defense had tried to place around the
neck Of his clients character 81 wish,
said Judge Wilson, "that I might say of
him as Tom Corwin said Of notorious
scoundrel named Van Zandt, may God
have mercy on your SOUL and stop there"
He referred to Rosells statement that he
had broken his engagement with Miss
Pollard because she let him fondle and
caress her. That's another lie," he
said, "a black lie-a damnable lie"
HER RELATIONS WITH RHODES.
Judge Wilson took up the statement OF
Col Breckenridge that ON the day he
called on Miss Pollard at Wesleyan col
lege she told him that she had had
wrongful relations with Rhodes. This
Miss Pollard had denied. Her word is
as good as his" said Judge Wilson.
Her word in this case is as
good as his, and the doctrine of
improbability comes here with crushing
force against this defendant" And he
continued "Was it probable that Rhodes
had also told the defendant of wrongful
relations with the PLAINTIFF The defend
ant was sharp enough to say that Rhodes
had told him this, not as an at
torney, because he knew if he
said it was told him as an
attorney the court would not have al
most agile man on the witness stand that
ever | saw" said Judge Wilson. "You
might fling him out of the window. but
he will alight on his feet Then, with
dramatic manner and deep voice Of ac-
cusation, Judge Wilson made severe ar
raignment of Col. Breckinridge. at
pains me to say 1t, gentlemen" he said,
but | must say he has lived
lie. For ten years his life
has been that of faithlessness to the most
sacred obligation Of life. He has lived a
life Of hypocrisy such a life as he him
self has said You can't find words to
| coin into phrases to define the hight and
! length and depth Of my fault
! Q"I am so filed with pity for this home
less, friendless woman, that / can find it
in my heart to say things that / would
| not otherwise have said. After he has
told you he has lived lie for ten years,
| do not believe l could find a man so fool
/ ish as to believe him now. What has ne not
! donel He has even falsifed his mar
riage certificate. Can you believe the
story he tells with all its impro liabilities,
! and which he asks you to believe in the
same breath in which he tells you Of all
these deceptions Of other peoplel How
can you know that he IS not practicing
these things on you2 IL Is simply impos-
sible for you to find that Madeline Pol
lard told him any such story about
! Rhodes. or that Rhodes told this stony
! about himself Whatever there is Of
slime upon her comes from this defend
ant. Every distorted muscle and every
! broken bone in her character comes from
] this defendant II Is the trail of a SER