Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1894-03-27

WASHINGTON, ID. C., March 90
There was great interest to-day 10 learn
the decision Of Judge Bradley upon the
Gdmissability Of depositions impasching
the character Of Madeline Pollard.
Regarding the weeping denial Of the
right TO tvke any depositious dc bcBcsss,
under the act OF Congress creating the
court the judge said that the judiciary
act Of 1879 conferred the right in broad
terms upon any party 10 any civil act
10 any court Of the United States.
10 could not be disputed that this was
a court Of the United States and the
fact that the court had always main
tained that right would justify him 10
continuing 10 enforce it until a higher
court oysrruIed the practice. There
we're other grounds upon which be sus-
tained the regularity Of the depositiOns
as a whole. Objection had been made
20 the deposition Of one Brand because
be refused 20 answer certain questions
concerning a woman W. o had introduced
him 20 Miss Pollard. He said he did
not want 90 "give away" a married
woman and then persisted that be did
not know her name. The Judge said
that 90 appeared that instead Of refuS-
ing 20 answer, the man did not know or
was lying He continued, saying that
while the direct examination Of the
witness had
BROUGHT OUT NOTHING DEROGArOEY
TO the plaintiff, he had refused to
answer q question whether be had taken
liberties with her while riding What
object he could have had in refusing 20
answer If the answer would have In
jured the plaintiff, the Judge could not
see, since from his own testimony be
was utterly lacking in moral sense, ad-
hitting that although be was married
man he was accustomed 90 visit houses
OF ill fame. The Judge Overruled this
objection, remarking that there was
nothing rejecting upon Miss Pollard 10
the testimony, unless 10 was that she
had consented 20 associate with such .
disreputabIe character as the witness
admitted himself GO be-. The deposition
OF one kaufman was also admitted, but
the Judge spoke very sharply of these
last TWO, saying that they were utterly
unfit 90 be read before a court; that he
won gladly exclude them II be could,
and expressed the hope that the cOun-
sci would see ds 90 omit the disgrace
fully obscene matter Iu them.
HE SUSTAINED THE OBJECTIONS
which had been made TO the dispositions
Of John O'To0,e, Dr. Green and Dr.
Lewis. that they were based on hear
say. DIR. Lewis is the physician who
testified shat Col SwOpe, the late Re-
publican candidate for Congress in the
Lexington district, had asked him TO
perform criminal operation upon a
Miss Pollard
The depositiors Of Mrs. Miller and
bl Resell. who mad been engaged 90 Miss
Pollard while she was in the Wesleyan
Institute, were admitted, the judge
commenting that the plaintiff had placed
aer character and her maturity in
Measure in question by that clause of
she declaration which averred that she
1ad been seduced bv the defendant and
shat she was mere giyl when Colonel
Brecklnridge first met her. Each side
sled objections 90 the rulings againStIt.
Then Judge Bradley made few remarks
% the interest of public morality, as be
aid:
,Tbe court has been deluged with
.nonvmOus letters io this ease, he be-
kan. ''It is said that any one would
write an anonymous letter should not
expect 90 have any notice taken Of them
aud would do almost anything mean.
Some of these letters. however, seem 20
come from females aud 20 be dictated
bv good motives. Many Of them re-
ferred On the
PUBLICATION or DETAILS
pi the trial, and while the court could
exercise no censorship over the press,
he suggested that papers should omit
the improper details, as he thoughtsome
of these details % published would sub
iect the papers % exclusion from the
mails as obscene matter. Moreover, 10
was almost a calamity 90 the city or
Washington and the country at large
that such matter should be carried
broadcast into its homes.
These Dreli iminarisS having been I'm
ished, Attorney Sto.i proceeded 20 read
the deposition OF Joseph c. Bailey,
clerk of the Woodiord County Circuit
Court at Versailles, by. From the rec
ords of the court the clerk had testified
that in 1854 there were indictments for
murder against Ollie and r. p. Brown,
and that Col. Breckinriige had been
one of the defnding attorneys. lt ap-
peared that the trial was 90 progress on
August S. the day upon which Miss
Pollard testified that the Colonel took
her t0 the house of Sarah Guess To- Lex l
inEtOn: also on August 10, l3 and l6.
the crOss-examinatlOn OF tue clerk,
held by Attorney Farrell, Of Lexington, I
developed the further information that
during this trial Col. Breckenridge had |
frequently driven over from Lexington, |
returning az night and sometimes bring |
ing bis wife. lie had attended the |
whole
TRIAL OF OLLIE BROWN,
although some Of the lawyers had not. |
One O' the Lexington lawyers, Edward /
NJ Wallace, whe had associated with |
COL Breckinridffe in the defense Of Ollie /
I'd. Brown. had depOsed that-tbe Colonel |
was present throughout the trial, argu- /
ing the case and examining the wit |
nesses and ais statement was read. /
Next came the depOsitiOns OF Judge I
Rodney Hagart, who had been associ- !
ated with Colonel Breckinridge as cOun- |
SCI for the Chesapeake and Ohio Rail- /
road in cases tried in August, 1854.
The deposition Of Judgs Jerry r. I
Morton, 70 prove that thet defendant I