The Indianapolis journal., 1894-03-14
The Kentucky Gentlemen Not Punished
for Assaulting Attorney Johnson
After Court Monday Evening.
EXTRA PRECAUTIONS TAKEN
Deposition Concerning Madeline
POllard's First Child.
Testimony in the Same Line by Sister
Cecelia-The Plaintiff Unable to At
tend Court Yesterday.

WASHINGTON, March 1s.-Brotherly
love and almost deferential politeness was
the spirit which prevailed in the inter-
course Of the attorneys in the Pollard
Breckenridge case all day. Like a flash of
lightning the blow from the hand Of Colonel
Shelby. of Kentucky the night before,
had cleared the surcharged atmosphere OF
its anger. While there was much discus
sion among lawyers upon the point wheth-
er attorney w. g. Johnson's words fur
nished provocation for the physical resent
ment which Colonel Shelby offered. every
one seemed to be glad to have the trouble
smoothed over, as 1t was by Judge Brad
ley's course in dismissing it with ex-
preston of regret. Another aspect of the
affair which the Judge referred to had
caused much talk in the city over night.
That was the probability of continuation
OF hostilities with weapons other then fists.
So serious was the expectation of trouble
that a detail of eight uniformed policemen
was sent TO the courthouse by the chief OF
police before the hour of trial. The officers
were dismissed by Marshal Wilson, but
two members of the regular detective force
In citizens clothes sat in court close behind
the lawyers all day, while the force OF
uniformed bailiffs was increased and a po-
liceman stood outside the door by which
Judge. jury and attorneys entered. Infor-
nation had come TO Judge Bradley from
sources so responsible that he felt justified
In acting upon IL that some of Colonel
Breckinridge's attorneys had come to court
armed, and after he had called their atten-
ion TO the local law against carrying con-
cealed weapons, there was an unusual
courtroom scene, each lawyer rising to
formally purge his hip pockets of the sus-
picIon which popular humor attaches to
Kentucky gentlemen.
Arart from these accessories of the case,
which drew a large audience Of members
Of the bar interested to know the punish
ment which they thought Judge Bradley
would impose for the tilt OF the previous
evening, the day was uneventful. Miss Pol
lard failed to appear at all, being in
state of great nervous excitement, her
friends said. Her presence was not essen
tial. as most of the day was consumed in
reading long deposition, after which Sis
ter Cecilia. of Pueblo. Col. was called to
identify the mysterious volumes of Irving
by which 1t is expected to prove that Miss
Pollard gave birth to a. child in the Nor
wood convent near Cincinnati, in 1884 or
1885 The first contested point of impor-
tance, the motion OF the defedant to ex-
clude certain affidavits. was decided in his
favor. at which he seemed greatly encour-
aged.
JUDGE BRADLEY LENIENT.
Such a gathering of lawyers as filled the
court room this morning has seldom been
seen in Washington. Members OF the legal
bar crowded the place to see what sentence
Judge Bradley would mete out to the visit
Ing Kentuckians who had made pugilistic
assault upon Miss Pollard's attorney the
night before. Within the recollection OF the
court officials there had been no instance
OF a resort to fisticuffs by practitioners be-
fore the local bar. Colonel Breckenridge.
smiling. as usual, was shaking hands with
his cousin. Gen. Joseph Breckenridge. when
Judge Bradley took his seat the bench.
Impressive silence followed the roll call OF
Jurors. the Judge seeming to wait for expla-
nations frCa the lawyers. Then he said;
81 notice the papers have laid out course
OF procedure for me TO follow regarding an
occurrence just outside the court room after
the court had adjourned yesterday evening,
which the court did not see and which the
parties concerned in 1t probably regret as
much as the court does. 1t is not matter
t.ce As 1t was past the hour for adjourn
Inent when the plaintiffs 8 counsel had fin
ished speaking last night, and as | noticed
some evidences of excitement the part
OF the DEFENDANTS counsel, thought Ii best
10 adjourn the court, thinking that after
night of thought over the connection in
which certain words had been used the
counsel might look upon them differently.
Esd the trouble referred to taken place in
court to take judicial notice of it, and he
would have done so promptly"
Then after a brief pause Judge Bradley
proceeded:
There is another matter about which I
deem IL my duty TO speak. The court has
received Information that some of the gen.
tlemen representing the Defendant nave
a In for "A pfrufShU1ent nf the OffanSp Of
carrying concealed weapons, not as Strin-
gent as 1 wish 1t was. This is law-abid
ing community; the courts are adequate 10
protect citizens. and as such conduct is un-
called for IT is most reprehensible. If the
court has information adequate he will see
that prosecution is begun In the Police Court
OF the District"
COUNSEL NOT ARMED.
Here Mr.. Butterworth arose. stating that
he had never carried weapon and thought
the counsel should be given an opportunity
to enter disclaimers. as he would regret the
occurrence of such breach OF order as
much the court. Mr.. Shelby, Colonel
Breckinridges partner, said he had never
carried a weapon in his life. Mr.. Mcken-
ney followed with similar statement. Mr..
Stoll declared that he had never entered
the presence of a court armed. and then Mr..
Thompson remarked: 'As L am the only
one left will enter a disclaimer also
Mr.. Carlisle rose TO say that he wished it
understood that the Information had not
come from any OF the plaintihs counsel, to
which Judge Bradley assented, ramarking
that 1t had been made to him by reputable
parties
The belligerent episode having thus been
closed. attorney Stoll. for the defense. began
TO ask that he be permitted TO make an ar
gument in support Of his motion To suppress
the depoSitions taken the day before the
trial. when Judge Bradley interpossd: Il
hardly think 1t is necessary, as the court
was about to decide in your favor" The
Judge excluded the depositiOns the
ground that they did not conform to the
law; that they must either be written by
the deponent or by the notary before whom
they were taken. as they were written
afterward by typewriter. An exception To
the ruling was taken by the plaintiffs coun-
sci.
Another deposition, that of Mrs. Mary
Logan, taken before notary Lowery jack