The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-04-08
TOO CLEVER FOR HIN.
Ben BatterwoTth On Miss Pol
lard's Tact q Z Witness
The GREATEST LIVING ACTRESS.
Arguments IN sAs Txial Deg1n - he
Judge VIII Maks seos lsssrse-
tisas Agnanss Ne CelsosL

IN actress equal 70 Sarah BerohA-cs or
Clara Morris, said Hon. Benjamin But
tervorth TODAY. 'sshe can simulate any
passion or emotion, asd il - ny opinion
thar this il bat the prelude 70 her going on
the stays. / cannot bat think that that
Was one Of her reasons 70. bringing
the suif. and that il was brought
In the political and social capital for the
theatrical and dramatic effect 1t would
have on the public mind. There Vas no
excuse on earth for bringing this suit IL
II worse than . foul, pess.Ience-bfeeding
contagion. Far better would il hare been
If yellow fever had been spread broadcast
over the land and sntsrsd every home In
the country than this mass Of 9Th whose
pollution il felt 1t every Ere
side. Had been called into the
case three days sooner il would
not have been tried, IL my counsel could
have prevailed. and could have been .
Judge on the beach would neve. hare lie;
il come TO trial. There 10 no cordonins OF
Mr.. Breckinridge. viii not do it He
does not want it. believe he wo1id dis
charge me from the case il / should offer
anything in excavation. He has done
wrong. She has done wrong, and es-
psciaiiy has she done wrong In bringing
this suit.
az do not think this ease viii destroy
BrsckInridgs's usefulness. He win stand
for reelection. Miss Pollard 10 the most
remarkable witness ever cav or heard Of
Every detail Of the case was carried out /
never saw anything like the tact Of this
woman. II there Il time when she has
not ready answer she will make plea
for sympathy to gam time, and all
the time her mind 10 sesive to coin some
nice phrase or apt one in which to reply.
You remember when she pleaded that
Was hard on her. That Was to gain time
10 think in critical moment. She
has nothing to gain il she wins her
suit. tor she could have had everything
her own way had she willed. She could
have gone ahead and word from her
would have been Law with Breckenridge.
She could have had what she wanted. II
Breckinridgs loses he will move for . new
trial; failing In that. he will appeal"
WAsHISsros CIfY, April The pros
pee: of . dry legal argument in the Pol
lard Breckinridge case did not prove
sufficiently attractive to draw out even
members OF the bar. Neither principal
was there, although their lawyers bristied
with legal documents, while In their wake
followed sundry coIorsd portsrs laden
with stacks of volumes. The proceedings
were begun BY Mr.. Carlisle. who said that
In the prayer Of the plaintiff for instruc-
tions to the Jury fourteen distinct instruc-
the case, were ssked Of the court. Stripped
Of their legal verbiage. the substance Of
the instructions asked for were a. follows:
IL - q uxsft foe oh ~ ~
marriage, and that If the jury find by tho
evidence that there were mutual promises
of marriage between the plaintiff and de-
married thereafter, it constitutes brpach
Of promise. II the plaintiff and defend
ant we're found to have had Illicit init
macy before the promise Of mar
rage, that would constitute no defense,
and il the plaintiff had Illicit inter-
course with others and the defendant
knew Ii before he made the promise. it was
no defense. The burden Of proof that
there was to be . semblance of a marriage
contract, With tho understanding tina;
there was not to be contract carried out.
rested upon the defendant, and the Jury
must be convinced by preponderance of
evidence that such was the fact. The jury
must find for the plaintiff unless they find
that there was . MUTUAL agreement not TO
carry out the semblance of q contract, and
TO ind IL by preponderance of evidence.
The conduct OF the plaintiff and defendant
after making the contract Is to be consid-
cred. lfpromises are found to have been
repeated by him before Mrs. Blackburn
and Maj. Moore. the fact of q secret under
standing must be proved by the prepon-
cerance of evidence. and the fact of carnA
knowledge between the two Is not de-
tense. The secret marriage 10 another
after the same promises to marry and be-
fore others does not constitute defense,
but is an aggravation of damages If the
jury finds that plaintiff was cha.te save
with defendant and that attempts to i'm
peach her character were not made in good
faith. but 10 contrive q defense, they are
to consider such fact as an aggrayation of
damages
The prayers of the defense for instruc-
tions. which were read by Mr.. Shelby,
wcrc fewer in number There were in
substance as follows: Before the plaintiff
can recover damages the jury must believe
that a contract WAS entered into between
the plaintiff and defendant by which they
agreed to become husband and wife. II
there was no actual agreement statements
made in the presence OF Others do not con-
stitute promise of marriage. and il made
pursuant 20 mutual understanding are
NOT 10 be considered evidence. The adj
United improper relations between
pssintid and defendant and his suppor, of
her are not 90 be considered evidence OF an
agreement OF marriage. The burden Of
proof Of the engagement rests on the
plaintiff. The defendant having naarrist
ca April -. iSaS. an agreement made TO
marry the plaintiff IS void II the Jury
/ finds contract 10 marry was entered into.
and u they further believe that the
plaintiff was guilty of iaseiyioas conduct
with ether men, such fact being
/ unknown 10 defendant, he vas by IL re-
lcssed from has obligation 30 carry out the
contract. and this IS so whether az the
/ time Of his refusal ne knes OF sach CON
dge; or not. II the jury find tha; there
was coasracs 10 marry and the plaintiff
by threats or conduct made the defendant
believe his life was in danger from her, he
Was excused from fGlIilIsns lhe contract.
sgi 4: they fnd that p!4inijd vas NOT With
eat faalt VITA other men the verde:
should re tor defendant, even If he knew
G. re- ;agii.
iae aTss argument for the plaintiff wss
male By Attorney W. G. johnson. ans.
! NJ She!sy followed with The opening ar
gument Tor the defense
During the argument Of Attorney Shelby
Judge REad3ey inquired the meaning Of
"lswd and .Ascivi0as conduct" the term.
used in the prayer Of the defense. Mr..
Shelby responded that no nan was bound
. IRA II