Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1894-04-04
LETTERS TO LOUISE.
These the Feature Of the BreckinridSs
Case Yesterday.
THE CAPITOL. TYPEWRITER.
She Testifes to Addressing Envelopes for
the Defendant to Miss Pollard In Lex
ington-Nothing Sensational.

held the necessary cara, bearing the mar
sbars signature, which would entitle him
IN pass in. Just before the plaintiff ar
rived two other ladies entered the court
room and took seats at the long table
occupied by the defence. 1t was at once
surmised that one Of the ladies' was Miss
Louise Lowell, the typewriter. TO whom
reference was made by Mr.. Wilson In
his cross-examinatIon yesterday after
nom inst before the court adjourned. To-
dav she had come. 1t was soon discover
ed. TO confront the witness on the stand.
Miss Lowell was a small woman, neatly
dressed In reddish-brown bonnet, and
n dark costume with cape, and wore
drab gloves. Her dark hair is graying.
and she wore n dotted veil. Her compan-
ion was a taller lady. with something of
n "school-ma'am air, firm mouth.
well-defined jaw and chin. and eye
glasses. She was attired tastefully In
Iight-colore,i suit, and wore a big red
rose in her bosom.
Mr.. Breckinridge entered the room
few minutes after these ladies'. and strobe
across the space in front OF the jurors
TO his seat. making his customary bow TO
the Jury. and apparently not noticing the
new comers. although their presence was
CONSPICUOUS, az no lady spectators have
been allowed in the courtroom. In the
great waste of bald heads and whiskered
male faces. Of course, feminine face and
a feminine bonnet become Immediately
conspicuous. After taking his seat. how
ever Mr. Breckinridge's attention was
drawn to the new arrivals III tne court
room. and he observed them for some
minutes with much interest. Before the
court onened all the seats in the room
were filled ND The proceedings OF the
trial were DELAYED some time by the usual
proceedings incident to the organization OF
the new Jury for the term, and then
when the court turned It's attention 10
the pendng trial, Mr.. Breckenridge did not
GO at once upon the stand, but n legal
argument was precipltated by MT BUTTER
uorth's raising an objection to the intro
duction of testimony by Mr.. Wilson OF
tho tvnewriter. who had been brought
into court.
Tho sensation OF the morning was the
tastiuonv of Miss Lowell, which was In
effect what Mr.. Wilson indicated last night
that it would be: that she had in Feb
ruarv 1886. copied on typewriter for
Mr. breckenridge letters addressed to
"My Dear Sister Louise and mad also
about the same time addressed for him
several patches OF envelopes to MISS
Pollard. No. SC north Upper street, Lex
ington. XIV" The defence fought hard
against the introduction OF this tesu-
mony as being a part OF the plaintin
case in chief. but Judge Bradley admitted
n although he refused to permit the
nlaintiff's attorneys to allow Miss Lowell
to no questioned as to the contents or
the letters she claimed to have written
The appearance Of Miss Lowell on the
stand. with the atmosphere OF mystery
that surrounded her testimony formed
one of the most dramatic Incidents or the
trial. She produced a memorandum
book on which she had. as she stated at
the time written the address given 10 her
by Mr. Breckinridge. The defence on
cross-examination brought out the iaet
that all the entries made IN TINS oook,
which contained a record Of Miss Lowers
nrivate expenses. were dated in the years
1857 and 1855. although she claimed to
have put Miss Pollards name on the NY
leaf of the book In February, 1876. MI
Breckinridge when Mr.. Wilson resumed
his cross examination of the detendant'
denied Miss Lowelis story absolutely SO
far as she testified TO anything bearing on
the present case.
THE NEW WITNESS.
After the trial of the case was resumed
Mr.. Butterworth spoke OF the evidence
that was referred to yesterday by Mt.
Wilson, Questioning its materially ana re-
leyancy, and suggested that the matter
and the argument be not gone into before
the jury. MIR. Wilson replied that Mr..
Breckinridge had said that II he had Il
chance to see the typewriter in question
ne could say whether he had ever seen her
before.
Continuing, Mr. Wilson said that he
would claim the right 10 put Miss Lowell
on the stand for direct examination on
the ground that II was newly discovered
evidence. He had not heard OF Miss Low
ell until Sunday afternoon after the case
for the plaintiff was closed. lie did not
wish TO spring any surprise upon the de-
fence. and wanted TO give the defendant
every opportunity TO cross-examine the
witness.
Mr.. Butterworth protested against the
case in chief being reopened. Mr.. Car
Isle followed Mr.. Wilson In a disclaimer
of all knowledge OF this witness and the
story she might give until last Sunday.
Judge Bradley considered the various
phases of the question, and said that II
would seem that the counsel desired TO
argue as to the contents OF the letter
This. perhaps, ought not 10 be done In
the presence OF the jury. He quoted ex-
tensively from legal authorities that he
had examined last night as 10 the ad-
mission OF such evidence about writings
which had not been produced In court
From such reading he was disposed 10
admit the testimony and the questions
that had been propounded
The matter of Miss Lowell being al
lowed TO go upon the stand at this time
was argued by Mr.. Butterworth, VINO
said that he would like TO delve into the
authorities with the jury out of the room.
and by Mr.. Carlisle, who took the ground
that as il was newly discovered evidence,
and in view of the line taken by the
defendant In denying that there was any
correspondence with the plaintiff In 1896.
IL was evidence that might properly be
jnterpolated at this point. Mr. wilson
again said that their purpose In Wishing
TO introduce this evidence here was that
the defendant might be cross-exainiheu
nnon IL or else that 1t should go in as
evidence in chief. Mr.. Shelby insisted
thai IL there had been any communica-
tion TO the plaintiff she must have known
NJ IL II the letter had not been received
nv her there was no communication, ana
either way there was no ground Ior al
lowing her to reopen her case in cher.
The Jury was not allowed to leave the
court while all this argument was IN
progress. ,,,,,.s,-
Mr. Shelby argued against the admissi-
hIlity of the evidence at considerapie
length. reading copious extracts from law
hooks 10 sustain his contention. Mr.. VII
son closed the argument for the plaih'in'
II was now after IL o'clock.
THE WITNESS ADMITTED.
Judge Bradley said that If the letter
were actually produced the witness couid,
~ course. be cross-examined upon IL II
ia verify were admitted. and II II were
denied. evidence In rebutta1 could be
nroduced to sustain its genuineness. This
case. however, now before the court was
a novel one, but the authorities, Ta9lor
ON evidence for one, assert that when
letter is lost or its existence denied. evil
dence may be interjected In its support.
The Judge read the extract In question
from Taylor and then decided that II
would be proper method to pursue
when the party cross-examining the Wit
ness did not possess the paper or the Wit
ness denied It's existence to interject
secondary evidence to support the paper
and TO lay a foundation for further cross
examination OF the witness. IL this was
the ground for introducing the evidence
he must decide that II was admissible.