The herald., 1894-04-10
A New Chapter in the Pollard
Breckinridge Case.
Arguments of Counsel Before the
Jury Commenced.
Attorney Carlisle Reviews the Evidence
in the Interest OF the Plaintiff.
scathing References to
the Defendant.
BY the Associated Press.


testimony before the jury in the Pol
lard -Breokinridge case. His statement
was detailed review of the evidence,
delivered in clear. dispsssionats man
ner, although at times the lawyer
referred to Colonel Breckenridge in very
scathing, but coolly worded terms. The
silver-headed congressman conducted
himself very nonchslantly, chatting g
with his lawyers during the day, while
Madeline Pollard, who sat directly in
front of him, kept her face shaded by a
black -gloved hand most of the time.
Only once was there any interruption,
and that was when Colonel Breckin-
ridge set the speaker right on point OF
family title about which he seemed to
be very particular. All day the closest
attention was given to the speech by
the jury and the spectators, go that
there was a deep silence in the court
room. Mr.. Carlisle will continue to-
morrow and it is not improbable that
the speaking will last until Friday.
There was eo0nter attraction in the
srrsignment of bigsmist of local celeb
rty, so the number OF curiosity ty-seekers
hanging about the court room was great
ly reinforced
Madeline Pollard wore most becom-
ing bonnet when che entered court to-
day. The audience was composed mostly
of members OF the bar and was smaller
than customary.
Judge Bradley announced the decision
OF the prayers for instructions. Nine
prayers of plaintiff were granted in
modified form, or substitutes granted;
all s..Ar
said that while the burden of proof
rested on plaintiff to show that con-
tract OF marriage was entered into, if de-
fendant set up that that contract was not
made in good faith, the burden OF proof
would rest upon him to show there was
an understanding to that effect.
Attorney ORlderon Carlisle opened
argument for the plaintiff. After calling
attention to the disparity in the social
positions of the plaintiff and defendant,
the attorney stated that all the defen-
dant's influence, acquaintance and fam
lily connections had been used to un-
earth things detrimental TO plaintiffs
character. He then reviewed the early
life of Miss Pollard, which was free from
reproach until she met the colonel.
Mr.. Carlisle said that all the attempts
OF the defense to impeach the plaintiff
had failed. Abiding briefly to the en-
gagement Of the plaintiff to William
Wood, ne nexv 1nVlVvo saso s-SS~--ss.-
the jury to q tin-type photograph OF Miss
Pollard at the time when she first met
Colonel Breckinridge and said: "Look
at that girl and then look at the plain
tiff, remembering how little the defend
ant says shs has changed since then"
The white-haired congressman sat fac
ho1 hi
seeing him, as they lifted their faces Ra
though pulled by string.
Taking up that meeting on the train,
where first the lives of this two came to.
gether, the lawyer remarked: He has
told you that there WAS nothing i'm
proper in her conduct then, nothing to
alarm him. When we come to this
meeting let US consider who this defend
ant was. He was OF one of the best
families in Kentucky. His father was
a prominent Presby terian divine, and
he was blessed with all the advantages
which training aud education could
give; he had great personal talents; he
was graduated from college at the early
age of 18; in 1857 he was admitted to
the bar; in 1859 he was married to
a lady of one of the best
families in Kentucky, who early died.
In 1861 he was a second time married to
lady so estimable that here on the
witness stand he could not forbear q
tribute to that woman who had been
the mother of his seven children. AS he
told, he was q happy man, was beloved
by his wife and children; he confesses
that no man ever had less excuse for
what he did; that no man has had
greater advantages that no words could
paint the depth to which he fell. This
was the man who met the school girl on
the train"
From this point Mr.. Carlisle turned
back to Mr.. Rhodes, who was dead, he
said, and who could not be called. The
letters from Madeline Pollard had been
read, and disclosed no hint OF the rela-
tions which Breckinridge had attempted
to charge existed between them. More
over, the description given by Mrs.
Browne of his character and of his deter
ence toward the young girl had been
heard. 1t was not extraordinary that
che should feel alarmed if Rho es at
tempted to compel her to carry out one
| alternative of her contract and marry
him. She knew Colonel BreckiDridge as
most distinguished lawyer of that sec-
ton, and having met him, had been told
by him that he knew her father, 30 she
wrote to him for advice. There began
the second stage of the controversy be-
tween them. Colonel Breckenridge had
produced letter which he said she had
written him, which she pronounced a
forgery"
While Mr.. Carlisle was reading the
testimony OF Mr.. Breckenridge regard
ing his frst visit to Miss Pollard, the
colonel spoke up in correction OF one of
the statemants concerning the Breckin-
ridge family, saying: That should
be Judge Brecklnridge and not General
Breckinridge."
The lawyer laid stress upon the selec-
tion of closed carriage for the ride
from the seminary; compared the story
OF the colonel that without any prelim-
mary encouragement he mad become in
innate with her, with her story of hav-
ing repulsed his advances. of his flatter-
ing tongue which had been accus-
toned to sway large audiences, confined
to an audience of one girl in Cincin-
natl hack"
The mere fact of Colonel Breckenridge,
the congressman, coming to take Made
line Pollard, the daughter OF q Kentucky
saddler, was q compliment and fattery
to her. The statement OF Colonel
Breckinridge to Major Moore that the
first night he had taken liberties with
her person, and the second night he
had slept with her, concurred with her
testimony and not with his.
To show that the testimony OF Colonel
BreCk kinridpo was not worthy of Gre