The times. [volume] (Richmond, Va.) 1890-1903, 1894-04-10
THE LAWYERS SUMMING UP.
The 0ratoIlcal Battle In the Pollard
Breckenridge Case Begins.
THE DECISION AS TO THE INSTRUCTIONS
MIR. Csrlisle's Argument for tho Plaintiff.
lie Reviews In . Comprehensive Man
nsr the Mass of Testimony

Pollard Breckinridge trial this morning
Witnessed the beginning of the end in
thc commencement Of argument before
The jury. There were few persons pres
Ont when the court convened. but much
t0 the surprise OF many. the plaintiff was
among the spectators 10 was supposed
She would not care to hear her character
publicly discussed with the freedom that
counsel use in such matters. Miss Pol
lard looked well and she appeared 10 be
in the best Of spirits, chatting with Miss
EI.s. Of the House of Mercy who sat
beside her.
colonel Breckenridge and all his law
gers were prompt. including Major But
tcrNorth. who delivered a speech in Gin
cnnau Sunday night
JUDGE BRADLEY's DECISION.
After some rtte time had been spent
in ompaneiling a new Circuit Cort jury.
Judge Bradley read his decision with
reference 10 the prayers for Instructions
f0 the jury which were submitted by
both sides on Saturday. lie granted nine
of the fourteen prayers Of the plain
I'm. modifying six OF these; refused four
and decided that one was covered by an
other prayer. thus practically granting
ten Of the fourteen prayers. Six Of the
twelve prayers Of the defendant were
granted and a substitute Of Judge Brad
leys for another was accepted. thus
making seven prayers granted five with
notifications. and the other five were re-
fused.
After making his decision. Judge Brad
ley said that while the burden Of proof
rested on the plaintiff. 10 show that
contract 10 marry was entered into. as
the defendant had set up the defonce'
that the contract was not made in good
faith the burden OF proof would rest
upon him 10 show that there was an
agreement that the contract was not to
he carried out and that statements made
FOO the presence Of other parties We're
made with this understanding by both
PARTIES.
THOSE ALLOWED FoR TIE PLAINTIFF.
The instructions asked FOR by the plain
un as finally amended and allowed by
Iudre Bradley this morning, were as fol-
lows
The jury are instructed that this is an
srt FOR a breach of contract for mar
ragc. II the jury find from the evidence
frlt there were mutual promises of mar
riaee. as claimed in the declaration. that
would constitute a breach OF contract
And the jury are further instructed that
~. after such contract was made. the de-
feaiant married another person, that
would be a breach Of the contract and
ths plaintiff would be entitled TO recover;
and 10 would be no defence to this action
that no had carnally known the plaintiff
before or after such contract: nor would
10 fe defence that she had Illicit inter-
course with another person. II such were
the fact before she had such intercourse
with him. II ne knew the fact at the
time - making the contract.
The fury are instructed that II they be-
naro from the evidence that the defendant
made any Of the alleged promises OF mar
rIsge IN bad faith. not intending TO keep
tho same ana further find that the plain
tln understood and accepted such promises
BOO good faith. and agreed 10 marry the
defendant. the bad faith Of the defendant
IS no defence I'm this action.
In determining whether the plaintiff IN
GOOD faith understood and believed the
defendant 20 be sincere in his promise TO
marry her. or whether she understood and
agreed that the said promises were not
OBJ Do kent by the defendant. the jury are
f consider the condition of the plaintiff
af Che time and since, and also the con-
duct ~ the defendant at, about and AFTER
ile time OF such promise.
u the jury find from the evidence that
fhe defendant promised TO marry the
plaintiff. and that the plaintiff accepted
these promises IN good faith and promised
% marry the defendant then the burden
~ the proof Is upon the defendant 10
establish by prcp0nderance Of evidence
any defence 10 or release from any such
promise and IL would not be a defence
Dr. De had had Illicit relations with her
bad been informed by her prior to said
promise that she had had Illicit relations
with another.
The defendant. having asserted that he
bad had carnal knowledge Of the plain
un before the making Of the alleged
Promise TO marry. and having asserted
mat he knew she was not a virgin and
free from sexual fault at the time Of
bis first intercourse with her. the jury
are instructed that, even if they believe
from the evidence that the plaintiff was
not chaste before such intercourse with |
the defendant. and that he knew Of such
previous unchastity, such facts would !
not Justify a verdict for the defendant
" the jury believe that the contract |
- marriage was therefore made.
II the jury find from the evidence |
that the plaintiff did tell the defendant |
as ne states. that she had been imprudent !
with James G. Rhodes and thereafter |
and after the death OF his wife he |
promised TO marry the plaintiff. and she |
him, the fact that she had informed him |
that she had had Illicit relations with the |
said Rhodes would not affect the validity |
Of his contract Of marriage. or further |
justify his refusal 20 keep said promise. |
If the jury find from the evidence that |
the defendant was married on the 10Th day |
Of April. 1893. that he kept. and caused |
% be kept. that marriage a secret there |
after. and that without disclosing the |
ftct OF lldt ltifldIc ne promised 10 |
marry the plaintiff. or repeated or avow-
"a a previous engagement Of marriage |
with her such secret marriage would
be- no defence TO this action
The jury are instructed that If they
ind for the plaintiff. in estimating the
damages they are 10 consider all the facts
in evidence as 10 the relations between
me parties up 10 the breaking Of the
promise. the prospective pecuniary and
social advantages 10 the plain tiff from
such marriage. the injury 10 the plain
ms feelings and reputation by its VIC
laton. the manner and circumstances Of
its violation and the suffering Of the
plaintiff caused thereby, and its effects
upon her means OF earning a livelihood
in the future; and the jury are also 10
take into consideration the wrong COM
miticd by the defendant. and may award
exemplary damages as we'll
IL the jury find for the plaintiff. and
ihey further find that the plaintiff was
enaste and pure from sexual fault. save
With the defendant; or If they further
believe that the defendant knew this. and
that the attempt to impeach the plain
nm IS chastity and character was not
made ia good faith by him, but merely
as a means OF defence or 10 inJure the
plaintiff. then they may consider those
facts IN assessing the damages. but the
jury cannot award more than the amount