The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1894-03-15
BRECKENRIDGE-POLLARD.
THE COURT DID NOT PUNISH
THE FIGHTING LAWYERS.
Nothing Sensational Developed in the
Days Proceedings - Unsatisfactory
Attempt to Prove One of the
Plaintiffs Escapades.

WASHINGTON, March 13. - When
court opened today in the Breckin'
ridge Pollard case, Judge Bradley
presiding, said: II notice the papers
have laid out q course of procedure
tor me to follow regarding al occur
renee Just outside the court room after
the court had adjourned yesterday
evening, which the court did not see,
and which the parties concerned in 1t
probably regret as much as the cOurt
uoes. 1t is not matter of which the
court can take judicial notice. AS 1t
was past the hour for adjournment
when the plaintiffs counsel had fin.
ished speaking last night, and as L
noticed some evidences of excitement
on the part of the defendants counsel,
[ thought IL best to adjourn the court.
Thinking that after night of thought
over the connection in which certain
words had been used, the counsel
might look upon them differently.
Had the trouble referred to taken
place in court it would have been the
duty of the court to take JUDICIAL no
tice of it, and he would have done so
promptly"
Then, after a brief pause, Judge
Bradley proceeded. There is another
matter bout which 1 deem it my
duty to speak" The court has re-
ceived information that some of the
gentlemen representing the defend
ant have come into the rnrt room
armed, Niece ia law OF. he pun
S,rOAnt Of w. ,W'uG,. ui rrrrylng con-
uealeu weapons, 40, as silngent as L
wish it was. This is a law abiding
community, the courts are adequate
to protect citizens and as such conduct
is uncalled for it is more reprehe1si-
bic. If the court has information
adequate he will see that prosecution
is begun in the police court of the dis
trict."
Here Mr.. Butterworth rose, stating
that he had never carried o weapon
and thought the counsel should be
given an opportunity to enter dis
chalmers, as he would regret the Oc-
currence OF such breach of order as
much as the court.
Mr.. Shelby, Colonel Breckinridge's
partner, said he had never carried
weapon in his life. Mr.. McKenney
followed with similar statement,
Mr.. Stoll declaring that he mad never
entered the presence of o court armed,
and then Mr.. Thompson remarked:
"As l am the only one left, L will
enter disclaimer also"
Mr.. Carlisle rose to say that he
wished it understood that the infor-
nation had not come from any of the
plaintiffs counsel, to which Judge
Bradley assented, remarking that it
had been made to him by reputable
parties.
The billigerent episode having thus
been closed, Attorney Stell for the de-
Tense was asking to be permitted to
make an argument in support of his
motion to suppress the depositions
taken the day before the trial, when
Judge Bradley interposed: III hardly
think it necessary as the court was
about to decide in your favor"
The judge excluded the dispositions
on the ground that they did not con-
form to the law, that they must either
be written by the deponent or by the
notary before whom they were taken,
as they were written afterward by
typewriter.
An exception to the ruling was
taken tor the plaintiff. Another de-
position, that of Mrs. Mary Logan,
taken before notary Lowry Jackson in
Cincinnati, was offered for the plain.
tiff and objected to by the defendant.
Mrs. Mary Logan is q Cincinnati
physician, as appeared from the depo-
siti0n read by Mr.. Carlisle. She had
in 1884 treated young girl obout to
be confined, who gave the name OF
Monica Burgoyne, saying her friends
called her "MOna," and the witness
said that Miss Pollard, who was in the
notary's office, bore some resem blence
to her, although she had doubtless
changed. 1t was the young woman's
first child, and she had represented
that her husband had died, or there
we're family reasons for keeping the
birth secret.
The people who had deserted the
court began to push back at 2:30 O'CLOCK,
when the plaintiffs counsel varied the
mUnotony by calling witness. The
door betw ecu the jury box and the
judge opened TO admit two sisters OF
| some society, attired in the black
bonnets and gowns OF their order.
| One them seated herself beside MIR.
Carlisle, while the other took the
chair in the witness box, looking very
pale and troubled at her unusual po'
| sitiOn.
Sister Cecilia of the order of Sisters
Of Charity OF cincinnati, was the name
given she said that in 1884 she had
been sister in charge OF the convent al
Norwood, o., 10 miles from Cincin
natl by rail and five by road.
"Do you recall that in 1885, there
was person there by the name o.
BurgoyneW asked Mr.. Carlisle.
II do not ."
"Have you examined the records Of
the institution lately?"
II have"
Objection to the question of the re
suit Of the examination was made.
"Do you remember female patient
who was visited by d female doctor
from CINCINNATI"
There was one who was visited
twice by DR.. Mary Street."~
The four volumes of Irving which
had figured mysteriou5ly in the case