St. Paul daily globe., 1894-03-13
Her BLACK EYES FLASHED
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those books sealed" said Judge Brad
ley. Il was not q party to it,"
Thereupon eX-C0ngressnan Butter
worth. who is Quaker. and refers to his
opponents quantity as "BrotberWilson"
ana Brother Carlisle" protested that
if Miss Pollard had bought the books
for the convent she must be able to
stand up here and describe those books.
"or sit here and do it." replied MIR. Will
son tartly. in which ultimatum he was
sustained by the judge after more spar
ring. In which young Attorney johnson
TOOK part, com batting the inSinuatlon
that his clients course had not been
straightforward respecting the volumes,
and Miss Pollard's black eyes
FLASHED TRIUMPHANTLY.
After this incident Mr.. Butlerworth
gave notice OF objection to be made to
certain dispositions which lie said had
been taken improperly. Mr.. Wilson was
proceeding to put in a deposition when
Col. Breckinridge suavely requested to
he shown it. and told his lawyers 10 OBJ
ject, because it was written neither i'll
the hand of the depCnent nor or the
justice of the peace.
Mr. Breckinridge became viSibly eX-
cited and nervous over the matter. This
first deposition offered in the case was
by Sarah Cess Mr.. ButterWOrth raised
the objection that no notice OF Its beng
taken had been served upon the defend-
ant. Considerable time was consumed
in consultation before Col. Breckin-
ridges law partner, John l.. Shelby, of
LeXil on, KY. scholarly young man
with blonde mustache and mild blue
eyes, rehearsed the objections TO the de-
position. Notice, he said, had been
served upon attorneys who had repre-
Sented Col. Breckinridge in some OF the
preliminarieS, and who, according 10
correspondence read. protested thatthey
were not attorneys OF record, nor con-
nected with the courts of the District OF
of Columbia, having appeared ftr the
swearing of witnesses at the request of
Col. Breckinridge's son. Notice has
been served upon MIR. Shelby also, and
lie represented that he had filed notice
with the officers before whom
the dispositions were 10 be taken,
stating that he was not an attor-
ney OF record, and had been merely eni-
powered TO appear for Col. BreckIn'
ridge in the prelmnarieS. In his state
ment to the court he urged that the
law required notice to he served on the
defendant or on his attorneys of record.
He made the further point that there
was nothing TO show that the law direct
ing that dispositions shall be reduced to
writing by the depOnent or the offlcer
before whom they are taken mad been
complied with. Another objection
raised was that
THE DISPOSITIONS
had been forwarded from Kentucky TO
,1it hnr Ia. M,
but by express, whereas the law pre-
scribed that they be forwarded by mail.
Notice had been given that some deposi-
tiOns were TO lie taken only last Tues
day, as the attorney was about to leave
for Washington for the trial, and when
it would have been impossible for the
defendant to travel from Washington
to Kentucky and be present III time for
the taking Of the depositions; or, if he
went there, to have returned to Wash.
ington for the beginning of the trial
Thursday.
Attorney Carlisle in his reply accused
MIR. Shelby of lack of franknesS in fail.
ing to mention that notice had really
been served on him on the Sd day Of
March, but that Oh account of the de-
fendant's obstruction, the taking of
uepositions necessarily had been post
poned to March Z.
Some atfidavlts regarding the taking
of the dispositions in Lexington were
read by Miss POllard'S attorneys, show
ing that several nUtaries of Lexington
had refused to take the dispositions for
various reasons, one making the excuse
that he did not care TO be mixed up i'll
the case, and that his brother was an
applicant for federal position and
would incur the enmity of Col. Breck-
inridge and his friends by any connec-
ton of the family with the case. From
an affidavit by A ttorHey Bullock, who
had represented Miss Pollard in Ken
lucky, it appeared that her lawyers had
found it necessary to go 10 the state
capitol at Frankfort and procure COM
mission and bondsmem for one Nc
LaughliE TO officiate as notary public,
before the depositlonS could be taken.
MIR. Shelby had once answered, said Mr..
Carlisle, that he was instructed by Col.
Breckenridge not to accept
SERVICE IN THE CASE.
HE was not leaving for Washington
when notice was serven on him March
g." Mr.. Carlisle continued, "although
he was leaving for Washington March
4. and although lie protested then that
he was not all attorney of record in the
case, he is here now, and arguing this
mOti0p."
Col. Bre ckinrdge had never been
present when depuSitiOnS were taken,
but had several attorneys representing
him there in Kentucky, among them
his partner,
there was to he any question OF fact.th
defendant would like opportunity to
file atfidavits concerning it. Thereupon
tie matter was for the time deferred,
and witness for Miss Pollard was
called, fashionably- dressed, smooth
faced, be-spe ctacied young man, who
gave his name as Claude Delruth Fran
els, announcing that his residence was
III New York, but that most of his time
was spent in Europe.
He mad known Miss Pollard in Wash
ington in 1892, when she lived at %
Lafayette square, and 1919 II street. He
had been visitor at the latter place
two or three times a week, always SEE
ing Miss Pollard there, and frequently
Col Breckenridge with her in the draw
ing room, "What was Col. Breckin-
ridges manner towards Miss Pollard?"
asked Attorney Wilson OF young
Francis.
always extremely paternal and very
kind-very atfectionate ALSO"
"What was Miss PolIard's manner
toward him?"
Very respectful and affectionate."
Miss Pollard had introduced the wit
ness to Col. Breckenridge once i'm the
drawing room. AS the witness entered
he found Col. Breckinridge holding
Miss Pollard's hand as though about to
leave. As he stood in the hall he heard
Col. Breckinridge ask Miss Pollard who
lie was, whether he came to see her, and
SEEMED FEARFUL
that he might inform mutual friend,
Mrs. Corruvias,o of the Mexican legation,
of his (Col. Breckenridge's) attentions
to Miss Pollard, and also heard Col.
Breckenridge inquire if he knew of
their engagement, seeming apprehen-
| sive that he might speak of that. He
| had several times seen Col. Brecken-
ridge and Miss Pollard 20 out together.
| once in the evening, and had FREQUENTLY
heard their engagement mentioned in
the house.
| On cross examination, young Mr..
| Francis said that Miss Pollard had ra