Evening star., 1894-02-17
THE DAY F|XE D
For the Trial Of the Famous Breck-
inridge-Pollard Case.
DEFENDANT APPEARS IN COURT TODAY
Both Parties Express Opposition to
Delay.
THE KENTUCKY TESTIMONY

| Judge Bradley this morning fixed for the
Sth of next month the trial of the case of
| Miss Madeline V. Pollard against Repre-
| sentative Breckenridge of Kentucky, in
| which Miss Pollard sues the CONGRESSMAN
! for $4,000 damages, alleging seduction and
| breach of promise of marriage Both sides
Informed the court that they were partic-
| ularly anxious that the case should be tried
| at the earliest practicable time, although
| counsel for Miss Pollard were willing and
anxious for much earlier date than those
| representing the defendant. The court room
was very much crowded when Judge Brad
ley ascended the bench, most of the prom
inent members of the bar being present.
The defendant was also on hand, sitting
beside Messrs. Phil. E. Thompson and W. A.
Mck enney of his counsel, while just oppo-
site sat Messrs Calderon Carlisle and Jere
M. wilson, representing Miss Pollard The
piaintln, however, was not present
| MI Mckenney stated to the court tha t
Nol. Enocn rotten, on whom She defendan t
greatly relied, was in Florida, having been
compelled to leave the city because of i'll
| health He would not return until about
! the 10th of next month, and as he would
require several days then to get ready for
the trlal OF the suit, the defendant asked
1nat the case be set for some day after the
| 2lst Of March.
Studied Delay Charged.
Mr Carlisle stated that Col Totten had
| been notified that the plaintiff would press
the case for trial, and left the city fully
aware of that fact and of the fact that the
case would be reached in a few days. 1t
! appeared to counsel for the plaintiff that
| the policy of the defendant had been one of
studied delay. AS an Illustration of that
belief he lnstanced the of a witness
| whose deposition had been taken out west
| the other day. The witness. an infirn lady.
was subjected by defendants counsel to a
I a I'M in a tian las var SiX
/ The issues in the case had been made up
/ in September, and since then the plaintiff
! had at all times been ready for trial The
asking by the defendant that day be set
/ next month was clearly disguised move
ment for delay. In making that request
! the defendant had set forth nothing re-
quiring an answer from the plaintiff. The
defendant had intimated that the delay
was desired becaus of his absent witnesses,
! but the plaintiff also had absent witnesses.
Yet she had no fear Of being unable to Sc
cure their attendance when needed.
Mr.. Wilson stated that plaintiffs counsel
| had great respect for Col. Totten, and would
willingly accommodate him. If he We're the
only counsel the defendant had. But the
defendant had other able counsel here and
! two or three able nonresident counsel cne of
the latter being particularly able in the con-
sumption of time So the request for delay,
because OF Col. Totten's absence, was far
from reasonable. The fact was, the de-
fendant desired and was endsavoring to
cause delay for apparently othe- reasons.
On the eve of the case being called the de-
fendant had given notice of the taking of
the deposition of about one hundred wit
nesses in Ohio, Kentucky and Virginia, and
the inference was justified that ne desired
in that expensive way to overwhelm the
plaintin. The defendant In doing was
straining point, and was not complying
| with the rules of the court He should
state, under oath, what he expects to prove
by those witnesses. If he should do that
the plaintiff would probably admit all he
hoped to prove by them.
Intentional Delay Denied.
Mr.. Thompson explained that the defend
ants did not expect the case to be called so
soon. For twenty-five years the courts had
at each term. begun with case No. on the
calendar, instead of going through 1t.
Hence, Col. Totten had informed the de
fendant that there was no probability of
an early hearing of the case. He wanted
no continuance. The defendant would Not
allow ii. Neither had he tried to evade a
trial of the case. In fact, he would en-
deavor to force trial during the present
term of the court. which ends with the
close of March. Mr. Thompson denied that
his client had wished any unreasonable de-
lay, or had reSorted to any other methods
than than those he had legal right to employ.
People would see, before the case was con-
cluded, whether the plaintiff was acting
honestly ana fairly or whether her suit
had been entered for vndictive purposes.
posing to so into the past of the plain tiff
in the taking of the disposition referred TO-
but the plaintiff had gone back nine years
in her life. and. asserted Mr.. Thompson,
she had shown matters which tended to dis
grace her. The poverty of the plaintiff
had been referred to. but, said Mr. Thon,p-
son, the defendant was a poor man. and
while the plaintiff was able to have eminent
counsel with her he had to depend upon
such counsel as he could get
We only ask. your honor" concluded Mr.
thompson, that You set the case for some
DAY during this term of the court. We will
then be ready for trial. and If the case is
plaintiff"
You can bet" exclaimed Mr.. Wilson,
that we won't postpone it,"
And neither will We We" replied Mr.
Thompson.
The Courts Decision.
In disposing of the matter, Judge Brad
ley said the court was fully aware of Col
Totten's physical inability to try a case at
this time. and while the absent counsel was
entitled to the fullest consideration in the
matter the court realized that Col. Totten
was not the only counsel retained by the
defendant. The defendant not only had
other able counsel, but was himself q law
yer OF marked ability. 1t was most proper
that day certain should be fixed for the
trial OF the case. Counsel for the defendant
might have been, and they should have
known that the case would be called about
this time. 1t was not true that it had been
the practice Of the court for twenty-five
years to begin at case No. / at each term
1t had been done frequently before and
was done by the direction of the District
Supreme Court Therefore, 1T could not be
said that the defendant had been taken by
surprise. 1t was clearly apparent last
month that the case would be reached at
about this time. However, both sides de-
clared an earnest wish to have the case
tried at the present term of the court. and
after examining the calendar Judge Brad
ley explained that March 8, IL and IA were
open dates.
II think your honor" interrupted Mr..
Breckenridge. that the 18th would be ac-
ceptable.'
ANY open date this month";" asked Mr..
Wilson.
1.-THE 27th." the court replied
Then. your honor" remarked Mr. Car
lisle. that day would suit us"
Mr.. Breckenridge thought the 9th instant
impracticabe. and Mr.. McKenney remark
ed that II the case was set for that date
Col. Totten would insist upon coming back
and If he did return then he would do so
at the risk Of his life. He therefore asked
the other side not to insist upon that date
Judge Bradley cut the matter short by
remarking that he would put the case down
for trial Thursday. the Sth of next
month. and with that understanding the
matter was concluded.
Dispositions Taken ut Lexington.
A Lexington, KY, special to the New