Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1894-03-30

TConsisued from lst page.]

Continued rom LIST page.
fsid, laugbine5y. that I supposed ,hs he'd
soxnes hat exnpg rated things vhea shs
shouRht the matter svofss than . divorces
case"
This is ! quotation from the alleged
forged letter. Major Buffers orth made IN
appeal to the Judge tn admit he dubious
letter to evidences. He csntcnded that II
vn similar in renmsnship, according TO
the testimony of expeIts, to the admitted
writing Of the psaintif- lie said the de-
fence proposed to tffer this writing that the
jury might exsmine and determine whether
the plaintiff wrote it.
Judge Wilson aid here vas case where
the defense was trying u bring into the
case ~ e, idence paper. the authenticity
of which was disputed, and in making thi-
derpand the defence placed it on the ground
that the case wse similar to that of other
papers in plaintiff . handwriting, the anthem
ITCHY of witch were admitted by the plain
tiff. The question was whether the tes-
timony Of two so-called experts WAS to be
considered more valuable than the positive
declaration of the plaintiff that she did not
write the letter.
IL 70 y tutuS Iu Tie cAP-IhcuN% W 49,
yers and laymen," said Judge Wilson,
''lhat nothing 10 more utterly worthless
more utterly unworthy of cfedence, more
decrepit, more unable to stand upon
crrtches, than this so-called expert testi-
mony.'
He quoted decisions Of various judges to
show how little weight is given expert testi-
mony. One opinion was that an expert in
handwriting is very likely to lean towards
the side Of the most advantageous offer.
This expert testimony he said,i of such no.
toriously, such unsatisfactory character,
that it should not be given weight by the
jury.
Judge Wilson read from q judicial de-
cision making light of the testimony OF r..
Is. Hay, the expert who gave evidence con-
corning the alleged forged letter, the day
before.
Judge Bradley decided to admit the let
ter to evidence ON the statement of the de-
fendant that he received and mentioned il
to the plsintiff without contradiction or cor
reclion on her part, also on the testimony
Of experts. He would have admitted it, he
said, on the testimony of the experts alone.
A comparison OF the dipputed letter and
letters acknowledged 10 have been written
by Miss Pollard might be made by the jury.
1t sec med to him that all this controversy
had more show than substance, ~ this let
ter had been published in the newt spaperr
and probably read by the jury.
Newspaper enterprise was very good
thing, but it was sometime q cartisd too far.
That was enterprise with vengeance.
Anywhere else it would be punished as con-
tempt of court. 1t was contempt of court.
committed within the very precincts OF
court where the copy was made. He did
not think the newsps per men who secured
the letter knew they were doing harm, but
it was an act of gross improperly, and he
hoped would not be repeated. If it were
he would punish the offenders.
Major Butterwo,th real the disputed let
tie:
WESLEYAN COLLEGE, July 20, 1884.
Dear Col. Breckinridge-Your letter
came to me Saturday. l am glad you told
me it would be inconvenient to come out
here to the college, for if you had gone to
even such little trouble to listen to what
sometimes overburdens schoolgirls mind,
you might be inclined to be provoked. with
yourself. Preachers opinion of any little
affair of mine would cause premature
gr.y hairs, when your opinion might
clear away all doubts and fears and let me
ba free hcsrtcd again. 7 think I have pre-
ro,ed ,ou for a divorce ease. Int listen
r.. wc,ss then that II a certain narsou
,r,,,ia advance finals far INV .nition here
~ schooi for tbr.e ve.rs unIer the rr,m.
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