People's voice., 1894-03-30
BRECKENRIDGE SCORES ONE
AGAINST MADELINE.
Her OBJECTIONS ARE OYERRULED.
Judge Bradley Rules That Most the
Testimony in Anidavits May Be
Admitted-Gives the Press Advice
on the Question of Morality
Alibls for the Defendent
Are Introduced.

hAohlNdlON, March 2I.-Nhen the
Pollard breckenridge $50, 200 breach of
promise OF marriage hearing was re-
sumed in the district court this morn.
ing there was a great crowd present,
Tor the day was expected to be an ex-
citing one.
As soon as Judge Bradley had taken
his seat, he rendered his decision on
the objections of the plaintiffs attor-
neys to the admission of dispositions
lmpeaching the character of Madeline
Pollard. First he refused to order
the throwing out all the depo-
sitions, holding tn under the
law there was no objection to
this form Of procedure. Then as
to the objection of the deposition of
one Brand because he refused to an
swer certain questions concerning the
woman who had introduced him to
Miss Pollard and because he did not
want to give away a married wo-
man and then persisted that he did
not know her name, the judge said
that 1t appeared that instead of re-
fusing to answer, the man did not
know or was lying. The direct exami-
nation had brought out nothing derog-
atory to the plaintiff and the Judge
overruled the objection, remarking
that there was nothing reflect
ing upon Miss Pollard in the
testimony, unless it was that she
had consented to associate with such
disreputable character as the wit
ness admitted himself to be. The
deposition of one Kaufman was also
admitted, but the judge spoke very
sharply of the two papers, saying
that they were utterly unfit to be
read before the court and that he
would gladly exclude them if he
could. The dispositions of John
0TOole, DR.. Green and DR.. Lewis
were ruled out, because they
were based on hearsay. Lewis is
the physician who testified that
Colonel Swope, the late Republican
candidate for congress in the Lexing-
ton district, had asked him to perform
a criminal operation upon a Miss Pol
lard. The dispositions of Mrs. Miller
and of ROselle, who had been engaged
to Miss Pollard while she was in the
Wesleyan institute, were admitted,
the judge commenting that the plain
tiff had placed her character and her
maturity in measure in question.
THE JUDGE SPEAKS PoR MORALITY.
Judge Bradley then made a few re-
marks in the interest of public moral
ity, as he said. The court had been
deluged with anonymous letters in
this case. 1t was said that any one
who would write an anonymous letter
should not expect to have
any notice taken of them
and would do almost anv-
thing mean. Some Of these let
ters, however, seemed to come from
females and to be dictated by good
motives. Many of them referred TO
the publication Of details of the trial.
While the court could exercise no CEN
sorship over the press, he suggested
that papers should omit the improper
details, as he thought some of these if
published would subject these papers
to exclusion from the mails. More
over it was almost calamity to the
city of Washington and the country
at large that such matters should be
carried broadcast into its homes.
Attorney StOll then read the deposi-
tion of Joseph c. Bailey, clerk Of the
Woodford county circuit court at Yer
sailles, KY, that in 1884 there were
indictment, for murder against Ollie
and R. P. Brown and that Colonel
Breckenridge had been one of the de-
Tending attorneys. The trial was in
progress August 3, the day upon
which Miss Pollard had testified that
the colonel took her to the house
of Sarah Goss, in Lexington;
also on August u, 10 and l6. The
cross examination read by Attorney
Farrell of Lexington, developed the
further information that during this
trial Colonel Breckenridge had FIRE.
quently driven over from Lexington
returning at night and sometimes
bringing his wife. lie had attended
the whole trial of Ollie Brown, al
though some of the lawyers had not.
One of the Lexington lawyers. Ed
ward NJ. Wallace, who had been asso-
ciated with Colonel Breckenridge in
the defense of Ollie Brown. deposcd
that the colonel was present through
out the trial, arguing the ease and ex-
amining the witnesses.
ALIBIS FOR MR.. BRECKISRIDGE.
Next came the deposition of Judge
Rodney Hagart, who had been asso-
ciated with Colonel Breckinridge as
counsel for the Chesapeake & Ohio
railroad cases tried in August, 1884.
That of Judge Jerry NJ. Morton to
prove that the defendant was in
JesSamlne county, n.y.. from August 81
to August so. 1884. was read and cross.
examination showed that it was an
hour and a quarter by railroad from
Lexington. Judge Joseph d. Hunts
affidavit corroborated that of Mr..
Hagart Theodore Davis. clerk of the
court, deposed that Colonel Breckin-
ridge had voted in Lexington August
4, 1884, and w. S. Marsh corroborated
his testimony. Nat L. Baugh, law
yer added his testimony that Colonel
Breekinridge had been engaged in
Jessamine court from August Il TO
August 30, 1884, but could not say
where he (Breckinridge) had passed
his nights during that time.
Joseph Skain. the proprietor of the
Clarendon hotelin Lexington. deposed
that Colonel Breckenridge and men,
bcrs of his family had stopped at the
Phoenix hotel, as it was then called in
1887. Incidentally the hotel man