New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-04-10
MR.. CARLISLE'S ARGUMENT.
BEGINNING OF THE END IN THE BRECK-
INRIDGE CASE.

COUNSEL TRIES TO SHOW Thai ALL ii''>
POINTS WHICH THE PLAINTIFF STARTED
our TO PROVE HAD BEEN PROVED
JUDGE BRADLEY's DECISION AS TO
THE BURDEN OF PROOF
u,.sh,Do,o, Anru e-The second month of the
rolla rd T,reckinrdge trial was opened this morn
ing and argument before the jury was begin. Inc
plaintiff was among the spectators much 10 most
persons surprise. Colonel Breckenridge ana al his
lawyers prompt Judge Bra"iey fea" ms u7
cision with reference to the prayers Tor lhstruc-
tions TO the Jury, which were submitted by poth
sides on Saturday. He granted nine OF the loui-
teen prayers Of the plaintiff, modifying SIX OF
these refused four. and decided that one was COW
cred by another prayer thus practically granting
ten of the fourteen prayers. SIX OF the t"eiHe
nravers Of the defendant were granted. and sub
stitute Of Judge Bradley's for another was ac-
cepted. thus making seven prayers granted NV
with notifications. and the other five were refused
After making his decision Judge Bradley SAID
that while the burden of proof rested on the PLAIN
tiff 10 show that a contract to marry was entered
into vet as the defendant had set up the defence th
the contract not made in good faltn the Dur
den of proof would rest upon him to snow that
there was an agreement that the contract was
not TO be carried out, and that statements maze
in the presence Of other parties were mace WIN
this understanding by both parties.
Calderon Carlisle then began the opening argu-
ment for the plaintiff.
statement a month ago yesterday. he had peeh
exceedingly temperate, but he could now say thot
all his statements, and more than these, had peeh
proved. He agreed with Major Butterworth 'hat
there were three parties TO the sut-the pialhtih'
the defendant and the community. Before going
into the legal aspects Of the case Mt Carllsle re-
minded the Jury of the distinguished career OF the
defendant and the advantages at his COMMAND II
preparing his defence. He sketched briehy the lle
of the plaintiff up to the fling OF the suit a
period ranging from 1876, when her iather Uc"'
until 1895. and incidental to this he paid his COM
ailments to Mrs Miller. alias Noble Shinglebauer
II had been shown by reputable witnesses on the
stand said Mir. Carlisle that in lS'-'S the pam
tiff was in Pittsburg. and not in or near FRANK
fort Ky, as the Shinglebauer woman tesUIed AS
to Brant and Kaufman who swore that they khe"
the plaintiff as inmate OF Lena Singleton as
reputable house in Lexington. MI Cdrhsle sald
it was shown by reputable witnesses that the pam
tiff had not spent a single night IN Lexington "ui
Ing the period fixed by these TWO constituents Oh
n Congressional district" as MIR. Carlisle called
them, and further than that II had peeh SHOWN
that the house fixed upon by one OF these young
men, "n the exuberance Of his imagination as the
place where Madeline Pollard lived with Lena OIL
sleton was built until 1886 i ask YOU gen
tlemen" Mr.. Carlisle said. mot to believe the
story of two such disreputable characters rs Johh
Brant and Hiram Kaufman.
ATTACKING RosELLs EVIDENCE
Than he took I'M the attack upon the plaintiffs
character contained in the testimony OF RANKIN
Resell. who said he broke his engagement win
Miss Pollard because "he did not like the way she
allowed him to caress her" Il thInk every one
here formed an impression OF MI KoseH III 'ie
beginning when he testified here. l got one ana
7 think YOU got the same one" He placed against
the testimony of Resell that given by Mrs Brown
the vice-presdent of Wesleyan College. which was
that visitors allowed to come to the wesleyan
College night week only, ana that i'oseh
was no exception to this rule.
Aeck Julian Miss Pollard's blind BSrhaoas'
was hauled over the Goals by Mr. Carlisle at length
Brief reference made TO the story OF Woou'
the old carpenter. who swore that the piaih'l hdu
broken her engagement TO him because ne reIuSeu
20 take her to Europe. and Mr.. Carlisle asked me
Jury TO believe the statement Of MISS Poiaro WIFI
regard 10 the story Of Wood
This brings us up to 1854, when the defendant
met her." he said For nine years the defendant
was intimately acquainted with this plalhtll' ana
yet with all the knowledge gained by that mt
macy, and with all his influence a member OF
Congress at his command. all he is able TO produce
are the dispositions of such dsreputabe characters
as Brant and Kaufman, Moe Shinglebauer ana
Aleck Julaa, Rankin Resell and old man Wood
of the G pa taRsa just before she met
fendant where Miss Pollard Is represented In snort
Tns in his Voice. and see il She appears be
wishes TO place more than half the burden OF their
intimacy. Look at that picture ana men sSoh az
there was in his appearance then from now.
THE MEETING IN, 1884.
Then Mr. Carlisle told OF the meeting between
+he paintin and the defendant the train in loSi
He passed over this quickly, saying both parties
said 1t was a mere trivial conversation, the only
point OF difference being that she SAID ne accos'el
her; he said she accosted him.
And now. before go further" said MI car
Isle. "let what manner OF man this was
who had 20 go through the train to get his over
coat and who found a schoolgirl In his path Inc
history Of the Kentucky orator was sketcned III
Complimentary language. And this stand ne
said this defendant has paid tribute N MS VOC
and in his manner his deceased wife ana the
on the witness-stand that no man had less excuse
for wha; he DID than ne had; that no words WOuld
magnify the advantages which he had, mat no
words could paint the depth into which ne TEL IN
this instance" M. Carlisle said. with ieehns.
'And this is the manner Of man who met TINS
schoolgirl that train. 49,, 49, 1900, e,,,,.
The contract with Rodes was taken up ana duIy
reviewed Mr. Carlisle in defending the palntln Tor
writing to Colonel Breckenridge after she had met
him but once. said tina: the defendant had tod her
that ne had known her father and she had SAID she
iect OF the letter produced by Colonel Breckinridse
In which Miss Pollard Is represented as saying that
she wanted Colonel Breckenridge to call on her al
the college. Mr.. Carlisle said that IL was shown
by the defence 10 testify about the letter was not
an exact science. I'VE did not bring expert Wit
nesses" he said "for you, gentlemen, are our ex-
perts." -,
riage certificate OF Colonel Breckenridge and Mrs.
Wing he asked them 20 look at this copy, which
looked much Ike the Original ana gee now easy
IL was 10 produce 1t. But do not intend to take
your time with this matter" he said. Just com
pare the letter Of July 20. and note the points OF
difference between 1t and these other letters. which