The morning news., 1894-04-08
BURDEN OF THE PROOF.
The Fight Over the Instructions in the
Pollard Suit.

Washington, April Judge Bradley's
in hearing argument upon the prayers
submitted by both sides in the Pollard
Breckenridge case, for instructions to the
jury. The proceedings were purely tech
nical, and very few spectators were pres
ent. The main argument of the counsel
was as to which side ought to assume the
burden of prOof-in regard to the conflict
ing statements of the plaintiff and defend
ant. Judge Bradley took the matter un-
der advisement
1t II o'clock Calderon Carlisle began to
read a voluminous prayer on behalf of the
plaintiff Mai. Shelby followed with
prayers for the defendant, and then the
argument was entered upon. There were
few spectators and little interest was
manifested in this purely technical phase
of the case. Neither Miss Pollard nor
Mr.. Brckinridge were present during the
hearing
WHAT CARLISLE ASKS.
The instructions which Mr.. Carlisle
asked the court to give to the jury in be-
half of plaintiff set forth that the promise
given was such as to constitute binding
cOntract that plaintiff had married no
one and had committed no breach of that
contract, and that even if the assertions
made were true (Which were denied) as
to the relations sustained by plaintiff
with other men, this would not inyali-
date the contract; that defendants con-
tention that the agreement of marriage
| between himself and plaintiff was not in
| tended to be kept, but was entered into
for the purpose of deception, must be
sustained by a preponderance of evidence
in order to have weight with the Jury,
that whether the defendant promised
marriage to the plaintiff in good faith or
I . -nas. - lii
| as she received the promise in good faith
and performed her part of the agree
ment.
| That if the jury find that defendant was
secretly married on April 90 last and
thereafter made a promise to marry the
| plaintiff, and by his breach of contract so
made the plaintiff has been injured pecu-
niarily socially, or otherwise, so as to
| affect her means of gaining livelihood in
| the future, the jury must bring in YER
| dict for damages. Ability or inability of
| defendant to pay damages does not affect
| the plaintiffs right to sue. The prayers
of plaintif were fourteen in number.
THE PRAYERS FOR THE DEFENSE.
Mai. Shelby read the prayers for the
| defendant. These were contained in eight
! brief paragraphs. In substance they are
/ as follows: The jury, in order to find for
| the plaintiff, must agree that the pi aintitf
| and the defendant entered into contract
| to become husband and wife; that if there
were no actual agreement to marry, then
/ no statements in the presence of others
can be taken as contract of marriage
/ and, particularly, if the agreement were
made pursuant to an understanding for
other purposes; that, as improper rela-
| tions had existed between the plaintiff
and defendant prior to the alleged promise
of marriage the burden of proof was
on the plaintiff to show
that improper relations with. other men
had not existed prior to that time; that
] as the defendant was married to his pres
ent wife on April 20, 1898, any agreement
to marry after that date was void that
even if the jury find that contract to
! marry was entered into they must take
! into consideration whether the plaintiff
mad been guilty of lascivious relations
with other meu unknown to the defend
ant when the contract was made, and
must be instructed that the defendant
had right to break the contract on at
tanning such knowledge; that IL the
| plaintiff made threats against the de.
fendant to force him to promise to marry
her, then the jury must fiEd for the de-
fendant; that if the jury find that con-
tract existed and that after the making