Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-04-28
THE REQUEST DENIED
Judge Bradley Promptly 0vsrrulss the
Motion of Mr.. Breckinridge's Counsel
Thirty Days Extra Time for Filling Q
Bill Of Exceptions to the
Court of Appeals.

The Breckenridge case came up again
this morning in Circuit Court No. 1, Judge
Bradley presiding, on a motion of the de-
tense for new trial. The motion was
promptly overruled by Judge Bradley, and
the defendants time within which to pre-
pare his bill of exceptions was extended
for thirty days from today.
This item of court business was the first
that Judge Bradley took up this morning,
and the whole case did not last more than
nfteen or twenty minutes There was only
a small audience present, and most of these
were lawyers or newspaper men. Miss Pol
lard was, of course not present at the hear
ing, but Mr.. Breckin ridge occupied a prom
1nent position in the court room and lis
tened with close attention to the proceel-
mss, occasionally making a suggestion to
his lawyers as to the course they should
pursue The hearing today was a mere
formality, and no real arguments were
made. Judge Wilson and Mr.. Calderon
carlisle were present in the interests of
their client and the silver-haired orator
from kentucky was represented by his law
partner, Mr.. Shelby of Lexington, and Mr..
w. A. Mckinney Of this city.
Most Of the talking was done by Mr.
Mckenney. who asked whether or not Judge
bradley desired to hear any argument on
the point at issue He was told that the
court could dispense with this very we'll
was heard, had occupied a little more than
nve weeks. In all that time, however, there
We're no new or particularly difficult ques-
lions OF law raised, and each matter as II
came up was argued ably and at consider
able length, and he did not see that there
was anything left to say with reference to
the points on which the defense claimed a
new trial. Each one Of the decisions he had
made was rendered after a careful consider
alton OF the case, and in looking back at
this time he could not see that any errors
had been committed. AS TO the verdict in
the case. that was a matter that concerned
the jury alone, and he was not inclined to
interfere with their decision. He must
therefore, overrule the motion for a new
trial.
Mr.. McKenney did not seem at all sur
prised by this ruling, and, indeed, Mr.
Breckinridge himself had no reason to ey-
pect any other. Mr.. McKenney requested
that the time within which 10 prepare their
bill OF exceptions. which would expire next
wednesday, be extended for thirty days
Judge Bradley said that he was in doubt
as to the propriety of granting this re-
quest not on account of any personal feel
Ing OF his own, but because he was not
sure that the power to extend the time was
vested in him. Mr.. McKenney said that
he had examined into the question very
carefully and was OF the opinion that II
was clearly within the Jurisdiction of the
Judge. He argued the point briefly quoting
from legal authorities and supposing a
number Of cases that might arise where a.
strict enforcement of the rule as 1t is usual
ly Interpreted would initiate against the
interests of the parties to a suit The mat
ter was settled however. without any fur
Their contention by Mr. Carlsle's offer to
waive all objection and agree to an extern
sion of the time as requested Judge Brad
ley agreed TO this and the case went over
Mr.. Breckenridge being placed under nomi-
nal bonds of 500.