The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1894-02-18
I'LL TRIAL DELAYED
Pollard eckinridge Case Will Not
Be Heard Till March 8.
Arguments of Attorneys Before Judge
Bradley at Washington-A Compro-
mise Finally Arranged.

NASf1lNGlON, req. li.7JCQge bradley,
of the District Supreme Court. after listen
ing to counsel for each side this morning,
fixed March s as the date for beginning
the hearing of the suit OF Madeline Pollard
against Representative w. c. P. Breckin-
ridge, of Kentucky.
The case came up to-day in the form Of
hearing arguments on the question OF post
ponement of the trial. The courtroom was
crowded, many friends of the defendant
being among the on-lookers. Judge Jere
Wilson and Calderon Carlisle. of this city,
represented Miss Pollard, and Col. Phil b.
Thompson, Of Kentucky, and w. A. Nc
Kenny, of this city, represented Congress-
man Breckenridge. Mr.. McKenny took the
place of Enoch Totten. who is i'll In Flor
ida Counsel Mckenney stated that he did
not want a postponement, but merely asked
for a continuance of the case until March
Il because of the illness OF Mr.. Totten and
the necessity of taking dispositions. Mr..
Carlisle followed. 1--WE are here" said he,
ito oppose the motion. Since the case was
hled last AUGUST no step has 6een 1oo dake9 IN IN
a speedy trial of the case. The demurrer
was filed, argued and overruled, and there
court CAST September). Nothing has been
done since until very lately, and that mas
not been to prepare for trial on the part OF
defendant. The extraordinary nature or
ready for trial. Colonel Totten is not the
only counsel, and the case can certinly be
have been given of a great number of
dispositions on the part of the defendant
taken in Cincinnati, Hot Springs. Va
and other places. 1t was early disclosed
that a policy of delay and obstruction
was to be carried out, and this has been
done. The case is an action for damages
for breach Of promise to marry. The third
count details the relations between the de-
fay6nDf and tho n1ainfff from 1884 70 the
time Of bringing the suit. Now, when the
plaintiff is ready TO so to trial she is met
with the ? PdE aT IL nos hnaer the the t gqaIe for OF
more than a month. We ask the court to
exercise it's discretion and not submit the
plaintiff to an unreasonable and unwar-
ranted delay"
Judge Wilson also spoke for the plaintiff.
He argued that postponement, owing to
the absence Of Mr.. Totten, was not war
ranted, and that plaintiffs counsel could
not assent to the motion unless afidavits
were filed showing the testimony to be
taken in the proposed depositions was ma
terial. ''They are seeking" he said. Ito ex-
anime seventy-lve or one hundred wit
nesses on matters that occurred several
Colonel thompson asked that the case
he forwarded to a certain day in the term
ting it lapse over TO the next term of court
and having six or eight months elapse be-
He argued that, instead of seeking a
postponement, he was trying to force a
trial. Wen see when we get through"
he concluded, whether the plaintiff is en-
titled to the respect of the court or Is
here for a vindictive purpose"
Mr.. Breckinridge's counsel stated that
March Is would be a satisfactory date for
the trial, while counsel Carlisle urged that
Feb. q be settled upon. After a long dis
cussion, Judge Bradley. after referring TO
counsel, settled the matter by fixing on
Thursday, March S. as the date.
Witnesses for the Defense Testify.
LEXINGTON, KY, Feb. lin the ex-
animation of witnesses for the defense in
the observation-disclosures case. two witness
es were examined. Major Mcclellan, prin-
cipal of Sayre Institute, where Miss Pol
lard attended school from the fall of 1884 to
February, 1856, said she was frequently alb
sent from school. She left the institute In
February, 1885, and did not return until
September, of the same year. Then she re-
manned until April. During this time 1T
was not for her to be absent
for one or several days at a time. If she
had any acquaintance with Colonel Brock
inridge at that time witness knew nothing
OF it. One of witnesses daughters was MISS
Pollard's teacher and three of his laugh
ters were schoolmates of Miss Pollard, so
witness thought that if anything had been
wrong with Miss Pollard he should nave
known it. He had no knowledge of any one
communicating with her at the time
She was in school. Her tuition was always
paid in cash, and receipts were given as II
the money had been paid by her mother;
Witness did not know why she left scnooi
either time, except for lack of funds, and
If she was in a delicate condition in April,
1885. he saw no indication of II. de had no
information concerning Miss Pollards rela-
tons with James g. Bodies till about the
time of her leaving school in the spring or
1856. when he learned that Bodes had been
paying her bills up to that time because
she had contracted to marry MIN when she
III zahAnl mud I'M 1NFna 2 hAr
board, tuition, etc, was part OF this con-
tract.
um. She stated that Miss Pollard entered
her house as a boarder in the fail OF 1884.
and remained in her house till about Febru-
airy. 1885. Miss Pollard vas absent several
times. During her stay at Mrs. ketchum'S
house Miss Pollard's room could be reached
from the street. If there was anything I'M
usual about Miss Poliard's condition when
she left her boarding place either in 1885 %
1856 it was not discovered by Mrs. Ketchum.
Dispositions for the defendant will be
taken in Danville. KY, Monday, at Frank
fort Tuesday and Wednesday, and again
Ill 1850 An.1-