The Washington times., 1894-04-15
sversa tho tall, thin, smooth-faced, spectacled


manded Judge Wilson fierce!y, "What do you
can by the other courts"
Here Judge Bradley interposed, "Now, GENTLE
men," he said, u think you had better not pro-
ceed with this" There was n moments pause
No one had any more to say, and Mr.. Wilson pro-
ceeded, still perfectly cool, with his argument
he handed to the jury the tintype OF Madeline
Pollard taken with Wessie Brown in the Summer
OF 1854 There is the girl he met that day" he
said. "Now look on this picture and then on
that" and for his second picture ho raised his
arm toward Col Breckinridge.
what an opportunity" he said, THAT carriage
offered for seduction Col Breckinridge seemed
to think that to seduce girl 1t was necessary TO
stand under her window with a lutte and sing
love songs to her Did not his selection OF a
closed carriage for that warm August night in
dictate a purpose beyond the ordinary purposes
of driver"
Storm clouds seemed TO hover over the court
room. Judge Bradley evidently wanted the at
mosphere COOL for he let the usual time for the
noon recess pass by several minutes, and did
not adjourn the court until Mr.. Wilson called his
attention to the time. The stenographer brought
to Mr.. Stoll transcript OF Mr. Wilson remarks
Mr. Stoll sat in his chair surrounded by his col
leagues and gave the report of Mr.. Wilson's re-
marke TO Mr. Butterworth TO read.
There was much talk of a duel during the
noon recess Mr.. Stoll went out of court during
the noon recess on the arm of Major Butterworth,
who seemed 10 be giving him pacific counsel
Afterward Mr. Stoll said to nn Associated Press
reporter: "Major Butterworth is senior counsel
of the case, and has control of IL until II is fin-
ished After the case i am my own MASTER
Then VIII have my inning. 90 not care 10 say
what shall do"
As the officers of the court entered by the rear
door for tho afternoon session, they saw Mr..
Wilson and the portly Major Butterworth seated
together in the vestibule. Major Butterworth
had in his hand the stenographers report of
Mr.. Wilson's remarks concerning Mr.. Stoll, and
was talking earnestly II had been reported
that Mr. Desha Breckinridge son of the defend-
ant, had carried challenge from Mr. Stoll TO
Mr. Wilson, but MIR. Breckinridge, when asked
about 1t, said: '1he code provides that a gentle
to another, but cannot do that, for Mr. Wilson
is no gentleman"
Every one who knew Mr.. Butterworth knew
that he would not be the bearer of a challenge
for duel, and the natural inference was that
he was acting the part OF peacemaker. Per-
haps the utterances from Mr. Wilson, which fol-
lowe as soon rs court had reopened, was the
result of the conference. The cadaverous attor-
ney rose beside the witness stand, and in his
usual calm tones began to speak.
'ln the heat of this discussion in the presenta-
tion of facts he said, counsel may have con-
veyed impressions that they did not intend.
had no thought of insinuating that Mr.. StoL had
forged that letter or had procured it had no
intention to charge il upon him or TO convey
such an insnuation. ! wished merely to show
how easy IL is for such things 10 appear. In the
part OF the case now come 10 shall have occa-
sion to mention Mr.. Stoll 5 name again. l shall
mention il because it is part OF the case. When
We Decome connected with n case we cannot be
very well disassociated from it in argument
What more can do as lawyer, and what less
would MIR. Stoll as n lawyer have me do?'
Thereupon Mr.. Wilson dropped into his argu-
ment again. He did not mention the name of
his opponent at Cnce, but discussed the part
played by the volumes of Washington Irving in
the case and the probabilities that Miss Pollard
had given birth TO a child ut the Norwood Con-
vent, near Cincinnati, in 1855 soon Mr.. Stou had
occasion to correct him regarding minor point
in the testimony, and from the tone of the Ken
tuckians voice it was apparent that the white
dove Of peace had returned.
II was learned that during the noon recess Mr..
Wilson had said to Mr.. Butterworth that If 1t ap-
peared from anything he had said that he in
tended to impute any improper conduct to MIR.
Stoll he would correct and retract it Mr.. Stoll
expressed himself 10 the Associated Press as be-
ing satisfied with Mr. Wilson explanation, say
ing that it was no doubt intended TO be full and
complete.
When Mr. Wilson, resuming his argument,
came to the matter of the Christmas card he said
that he did not believe Mr.. Stoll with all his
sativeness could object to what he was about to
say When the sisters al the convent had been
questioned by Mr.. Ston there had been ques-
tions put and answers given which lett no other
inference but that Attorney Carlisle or Attorney
johnson had put il there
Judge Wilson," inquired Mr. Stoll, "have not
the counsel for the defendant purposely denied
any such Intention
y know" responded Mr. Wilson, but 1 say
that there was such an inference TO be drawn
from il"
lie proceeded to state that under such circum-
stances, when their honor was assaiied, il was
but Just and proper that Attorneys Carlisle and
johnson should have taken the witness stand 10
deny, as they ull. tEaI there naG been any
chicanery in the matter of the Christmas card.
The defense had harshly criticised Dr. Mary
Parsons for suppressing the record OF the birth
OF Miss Pollard s second child, he continued,
while the defendant had admitted that he had
persuaded DR.. John L. Paxton 10 suppress the
record of his secret marriage, n record which
the law demanded should be made public, and
was OF equal Importance with the record of
birth And, regarding that marriage certificate,
the defendant had testified that he mad filled out
the body of it, while DR.. Paxton signed his ttne
ministers) name.
lie tMr WILSON, would accept that explana-
tion and yet 50 much alike was the signature
and the handwriting of the body of the letter,
that a dozen experts could be found who, at $50
whole document Mr.. Wilson came next 10 the
time OF the contract of marriage, and told how
much was at stake for Madeline Pollard in such
a union. be argued that the woman had been
less sinner than the man.
Was there anything like the love of n woman
for a man? lie had seen the ivy clinginE TO the
ruins of Egypt which had been beaten by the
storms of centuries. The love of woman was
likened to the affection of a dog which chung 10
a miserable beggar, and laid down finally on his
miserable dead body. The story of the Scarlet
Letter was also recalled most effectively by Judge
Wilson.
Hector Dimmesdale had not put away the
woman who wore the scarlet letter, he said he
had a conscience.
But" he went on, "this defendant comes be-
fore jury to villify and traduce and blacken
the character of the woman he had destroyed.
have any more of those representations of ABB
solom TO Ammon. In those days it would have
been simple In these days the law has pro-
vided iaveln, not the iavelin OF the servants of
Absolom, but your verdict. By that this wrong
is to be repaired. No other way now Before
you the woman comes as the law says she shall,
and what will you do?-
u invite you, as my last words, 20 impale him,
hold him aloft that the world may be warned,
and justice will cry 'Amenl Amenl'"
Judge Bradley then began his charge TO the
jury.
he spoke first of the pollution of the case. He
said it contained few interesting legal points,
and that if the parties had been obscure IL would
have attracted but little attention But, because
one of the parties had been o. national promi-
nence, and because, he feared, of the character
OF the details, IL had attracted large and some
times vulgar crowd
The court and even some of the Jurors had been
deluged with letters conveying suggestions, to
many Of which the writer's had not the decency
to sign their names He believed the jury had
followed the injunction 10 discuss the case with
no one
1t was inaccurate to say that the community at
large was third party to the case. Public opin-
ion should not weigh featherweight, abstract
principles were not to be yindicated, nor the
country girl, the home and the family, personal
opinions or wishes based on the relations be-
tween the parties or other facts were not to be
considered. 1t was only question whe her
contract to marry existed, and whether, If
broken, there was an excuse for breaking it.
The verdict was not to vindicate the character
of either party. Although much of the testi-
mony was unfit to be reviewed, it o be said
to the credit of the parties that they had ham
died indelicate details as carefully and decently
as possible.
Nearly all of the counsel had observed the
same restraint, and he regretted that this could
not be said of all the counsel
ttiere all eyes were turned to Col Phil Thomp-
sony Any revolving standards of manhood which
had been set up were not to be weighed as evil
dence. nor were collateral details 10 be allowed
to obscure the main issue
The credit TO be placed upon the testimony of
plaintiff and defendant where they differed was
to be judged in the light OF the character and
lives of the two as shown, and other circum-
stances affecting their credibility.
After reviewing the contentious of the two
parties briefly, he read the legal instructions
granted, which have already been printed