San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1894-04-10
Judge Bradley's Instructions. :.

Judge Bradley's Instructions. -
In view of the general interest in
all that pertains to the Breckin-
ridge-Pollard case, space is here
) given to the Instructions for the
jury as prayed for by both parties
INSTRUCTIONS FOR PLAINTIFF.
l. If the jury finds from the evil
dence that there were mutual
promises of marriage, as claimed
by the declaration, that would
constitute a binding contract and
if the defendant married another
p. rson that would be a breach of
the contract upon which the plain
tiff would be entitled to damages.
Illicit relations with him or with
others before the contract was
made, if known to him, would be
needful.
2. The burden of proof is upon
the defendant to show that pre-
ponderance of evidence that there
was an agreement that was merely
the sem blance of a contract not to
be carried out was agreed upon by
| them.
8. If promises were made by the
defendant in bad faith, but accept
ed by the plaintiff in good faith
this bad faith on his part would
not constitute defense.
4. The conduct of plaintiff and
defendant about and after the max
ing of the contract are to be con-
sidered in judging it's good or bad
faith.
3. If the jury find that the de-
PENDANT promised the plaintiff in
good faith to marry her the burden
of proof rests upon him to establish
a preponderance Of proof, defense
or release, and it would not be a
defense that he had Illicit relations
with her or she told him of illicit
relations with others.
6. If before the contract there
was intercourse between the two
and the defendant knew that she
was previously unchaste it consti-
tutes no defense.
7. II she informed him that she
had been impure with Rhodes that
constitutes no defense.
8. The secret marriage does not
constitute defense.
9. If promises were not made
until after the secret marriage it
does not constitute a defense.
10. If the jury find for the plain
tiff they are to consider the pros
pective advantages to the plaintiff
from the marriage, the injury to
her feelings, reputation and chance
of earning a livelihood by the
breach of promise and may award
exemplary damages as well.
IL. If the jury find that the
plaintiff was chaste, save with the
defendant, and thai the attempt to
impeach her character was made
for the purposes of a defense they
may consider the fact in awarding
damages.
INSTRUCTIONS FOR DEFENSE.
l. Before the plaintiff can re-
cover the jury must believe from
all the evidence that a contract
was entered into between the plain
tiff and defendant to become hus-
band and wife.
2. If the jury find that state
ments were made in the presence
of other parties that they were to
be married and that such state
ments were made pursuant to an
understanding for the purpose of
deceiving third person such state
ments are not to be taken as con-
stituting or evidencing a contract.
3. The burden of proof to estab-
lish contract is upon the plaintiff.
4. If before contract the plaintiff
was guilty of lewd and unchaste
conduct with other men, unknown
to the defendant, he was not bound
by the contract, and may avail
himself of such defense, whether at
the time Of his refusal, he knew Of
the conduct or not.
5. II the jury believe that the
plaintiff was guilty of unchaste
conduct with other men, unknown
to the defendant, they must find
for him, even if knowledge of it did
not come to him until after the re-
fusal.
6. The jury may in mitigation of
damages, consider the plaintiffs
character and conduct, if the same
was bad, and if the plaintiff was
not seduced by the defendant may
| consider her want of virtue.
The judge was anxious to limit
the time Of argument to five hours
! on each side, but after both sides
had protested against time limit
| 1, I'll