Butler citizen. [volume] (Butler, Pa.) 1877-1922, 1894-04-20
End of the Pollard-Br eckenridge Suit

The most noted breach of promise trial
in the history of the century ended at
Washington, d. c., last Saturday. Mao e.
line Pollard, for her nine years of sha me
and tor her disappointment in her prosp ect
of marriage. was awarded the verdict and
Congressman Breckenridge, who sowed
wild oats at too mature age, must pay
for the harvesting the sum OF slo,OOO.
This il the jury's decision. For SIX weeks
this salt was a flowing fountain OF hlth,
spreading its myriad streams OF pollution
throughout the land. Months before the
case opened in court both parties TO the
snit were anxiously making use of every
opportunity to get their points and argu-
ments before the public.
Judge Wilson closed his address few
minutes after the court had resumed It's
afternoon session, Saturday. Then Judge
Bradley began his charge to the jury. In
the opening it seemed to be extremely lib
eral and was not as much in favor OF the
plaintiff as expected, but when the absolute
instructions were made 1t seemed dime ult
to see how the jury could fail to ind for
the plaintiff. In the early part OF HI
charge he stated that the only question 70
be answered was whether there was Valld
contract of marriage and whether tnat was
broken for any sufficient reason. The law
and the facts were all that the jury should
consider.
1t was inaccurate to say that the com
munity at large was third party 10 Tue
| case. Except to see that justice was done
between the parties the World at Iarge Hao
mo interest in the case Public opinion
| should not weigh featherweight;a abstrac'
nrincinles were not to be vindicated, no!
the country girl, the home and the family
| The question of the duty to society, tht
punishment of either party for improper re
fstions or for outrageing the proprle.le
| and customs of life are not to be CONSIDER
ed The efforts to work upon tie mind
the iury by sentiment and their duty to hu
manitv and society must be disregarde'
and the plain question as to whether ther
was an agreemen ent Of marriage, accepted II
good faith by her and broken By him, un
less for sufficient reason He then IN
structed the jury:
First-If there were mutual promises 9
marriage that would constitute eontrac'
| If the defendant married another after IN
| contract it would be breach of CONTRACT
II ia NOT sufficient defense that she had i'm
nroper relations with another person prio
10 this contract if the defendant knew tha
fact when he made that contract. Nor
the fact that she continued her relation
, with the defendant sufficient defense.
Second-The claim that he made th
contract in bad faith is no defense II 50
believed and accepted it in good faith;
Third-Her conduct must be considere
3 by way of determining whether she a.
cepted it in good faith.
Fonrth-If he made such promise and 81
az cepted il the burden is upon him to sho
: sufi cient canse for breaking the contrac
RI Fifth-The claim that she had lmprop'
relations with any person prior to the ma
riage con tract is not ground for It's Deir
a | broken if the defendant knew OF these T
lations at the time he made the contrac
Sixth-If the plaintiff had told MIN
d her relations with Rhodes PRIOR 10 tne
Q engagement, the fact of such relations ca
4. NOT he nleaded for breach of contract.
Seyenth-The fact that he had made
u secret marriage after only portion OF u
promises were made is not sufficient wa
4 rant for the violation Of the contract.
Eiehth-If lie made a promise OF ma
rage to plaintiff after his marriage and 81
aid not then know of his marriage, u
u fact of such prior secret marriage won
: not be a sufficient defense.
Nineth-The Jury must consider q
pecuniary condition of the plaintiff al
9 defendant. and the advantages the plai
8 tiff would have gained by the marriage,
, fixing the amount of damages.
Tenth-If the charges against her cha
tity were not made in good faltn, D
! merely to prejudice her case, this must
!. considered in fixing her amount oil da'
- ages, which, however, must not exec
- $50, 900.
IS In explaining the instructions the Jud
= said there must be grosser improprie
y than that testified by Julian regarding
y mock marriage to form an excuse to full
a marriage contract, and he quoted julia
testimony. Lewd and lascivious condr
meant more ian Julian had testified to,
- Resell, who told only of such acts az We
" common between people engaged TO
o. married
q. To sum it all up, if a contract was l
10 made. or il it was agreed to with the !
derstanding that it was not to be CARR
ont. the verdict should be for the defer
Of ant. If contract had been made a
i. broken, they were to find for the plant
& awarding such damages as they saw
Their verdict must be formed upon the p
''s ponderance of evidence.
nd The oaso then went to the jury. WI
the fury was out, Col. Breckenridge Q
his counsel strolled outside, and directl
us barouche, containing his wife and dau
's, Ter. drove up. He chatted few m1nu
sb with them as the crowd looked on, Z
ofl they drove away At 4:40 there wa'
stir about the courtroom, the crowd ha
'ce ly put itself in order and the jury filed
.er tGentlemen, said The 0lerk, "haye
he reached a decisionf
an 1--WE have" said the foreman, eve
10 for the plaintiff"
~ "What amount Of damages" asked
ne clerk1
M Fifteen thousand dollars" was the
oh ply: T..
meut, as the Judge had warned the NJ
on ators that there must be no demons
~ ton. Col. Breckenridge, who bad
'oe his long experience evidently seen in
countenences OF the jury the adverse
dict, did not move q muscle or change
preston. "HOw much damagesf" he
ed of Phil Thompson, as he had not II
de caught the statement of the foreman.
10 reply of Thompson made no change ~
ic' expression. Maj. Butterworth asked
Ter long they would have for motion 70
motion for a new trial, and was told
10 four DAYS would he allowed. He sat
'ry motion would be made ut the proper u
iot Then the Judge thanked the jury and
ne case ended. Meantime Mr., Carlisle,
en- Junior counsel for Madeline Pollard,
cts hurried across the street 10 bis OIL
ist where the plaintiff awaited the vefd
ne When he told her she did not max
,nt scsaa-there were no tears and no iainti
1s. but she shook hands over and over az
RS with her counsel and thanked them CO
~, tally and earnestly. People began to d
Gil In, and soon she was given an oT9ti
pa At the same time Mr.. Breckinridge str
ed ont of the courtroom, laughteG wheI
ia- newsboy thrust an extra" with the '
"a dict under hia nose. bought the paper
its turned his face homewsrdi accompar
no by his son.
ch Neither Mr.. Breckenridge nor Miss Poll
nis will consent to an interview.
cir
NJ. Wedding in Brady. Township.
of
of West Liberty,
re On Wedr eadav. a prii lzth the home