The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1894-04-12

I
/ was released OF the contract, ana thls
So. whether at the time OF his refusal
! he knew Of such conduct or not. II
the iury find that there was contract
| TO marry aud the plaintiff by threats
| or conduct made the defendant relieve
his life was IN danger from her, he i
eycused from fulfilling the contract
| If the iury believe that there was q
contract, but liud that the p'al lll'Il
was not without fault win oJneT men
the verdict should be Tor the uelth
daut, even If he knew OF MS iaGiC. 40
The first argument Tor the IIaihtIl =
was made by Attorney Johnson anu
Mr. Shelby followed with the opening
argument for the defense.
During the argument OF hIUoTn ly
| Shelby Judge Bradley inquired the
meaning of "lewd and lasciyious con
duct" the term used in the prayers Oh
the defense. ,. ,.
Mr.. Shelby responded that no man
was bound to marry woman OF uu'
| chaste life, tor whose conduct was
such that she might be presumed 70
he willing 10 commit acts OF Illicit IN
tercourse if the opportunity was Oh
| iercd
"Wonld YOU mean such conduct as
Mr.. Julian testified to- the Judge IN
quired . .r
should think person OF that charac-
ter only needed an opportunity to
| commit acts Of unchastlty.'
"SuppOge he knew OF such conduct
with five parties aud knowledge OF 1t
with a sixth afterwards came 10 MN
would that change the legal aspect OF
the casey' asked the judge.
MIR. Shelby replied that he would
not 90 to that extreme; that might
not such conduct being passed aud
atoned for aud repented There was
a little passage, but between MIR.
Shelby and Mr.. Whom regarding the
part which Miss PoIIard's threats,
which would Justify a man in securing
divorce, would also Justify MN IN
breaking a contract to marry.
Mr.. Wilson cOntended that TINS rule
would not apply to threats made be,
cause of defendants misconduct ana
because Ci an exhibition by nun 10
eVade the contract and that 10 threats
made after the secret marriage could
Justify ruling for the defendant. The
argument was closed by Mr.. Wilson
for the plaintiff All the speeches
were on he legal points involved IN
the prayers and the counsel agreed
that in some respects the case was
an unique one. The argument
was significant in showing
that the defense does not
intend 20 set up as q legal plea that
any of the promises made by Colonel
Breckenridge 10 Miss Pollard were
under duress exercised by her With n
pistol Judge Bradley reserved his
decision on the Instance until Monday,
although he iutimated that he could
grant one Of the prayers for the plain.
tiff and said, in speakil Of another
prayer: II can see no reason to
change my opinion that the existing
marriage at the time he made the
promise, if he made it, is 30 defense.
The length OF the Arguments was a
matter discussed by the Judge and ut
turneys, and while Judge Bradley
thought five hours for a side would be
sufficient, the lawyers wanted more.
No conclusion was reached.
INTERVIEW WITH BUTTERW ORTIZ
CINCINNATI, April 7.-"Miss Poll
and is an actress equal to Clara Morris
or Sara Bernhardtu said Hon. Ben
ButterwOrth today. She can simulate
any passion or emotion, and it is my
opinion that this is but the prelude to
her going ON the stage. | cannot but
think that this is one of her reasons
tor bringing this suit, ana it was
brought IN the political and sOCiaI cap
ital tor theatrical effect it would have
upon the public mind. 1t is worse
than foul pesIIence. breeding con
tagiOn. Far better it had been if ii
spread broadcast over the land and
had entered every home in the coun-
try to this mass of filth, whose pollu
tiun is felt at every iireside.
"Had ! been called into the
case three days sooner it
would not have been tried if my COun-
sci had prevailed. Ana had 1 been
u judge on the bench ould never
let it have come to trial. There is no
combining Mr.. Breckinridge's Offense.
| Will not do it. lie does not want it.
believe he would discharge me from
the case il should offer anything in
extenultion He has done wrong. she
has done wrong, and especially III
bringing this suit
81 do not think the suit will destroy
BreCkinridge's usefulness, He will
stand for re election. Miss Pollard is
the most reliable witness ever | saw
or heard of. she has her case thor
Oughly in hand, every detail of
it. Never saw anything like the
tact and art of this woman. If there
is time when she has not ready
answer, she will make plea for sym.
pathy to gain time and all the time
her mind is active to coin some nice
phrase or apt one, In which to reply.
You remember she pleaded that | was
hard on her. That was to gain time
to think in critical moment.
"She has nothing to gain if she wins
her suit, where she could have had
everything her own way had she
willed go. She could have gone any
where or done anything and word
from her would have been law with
Breckenridge She could have had all
she wanted. 1t Breckinridge loses he
will move for new trial.
Mr. Butterworth delivered a lecture
here tonight