Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1894-04-10
THE ARGUMENTS.
Mr.. Carlisle Making Plea for
Madeline the Plaintiff.
He Reyewsthe Testimony and Scores
Colonel Without Mercy.
Judge sradley's Decisions Father Favor
PiaintiT-carIlsie 10 Continue Today.

WASHINGTON, April 9.-The beginning
of the second month of the Pollard-Breckin-
ridge trial this NOR ing witnessed the begin
ning of the end in the commencement of
argument before the jury. There were
few persons present When court convened
but the plaintiff was among the spectators,
much 20 most persons surprise. Col. Breck-
inridge and all his lawyers were present.
After = short time had been spent in i'm
pannelling new circuit jury, Judge Brad
ley read his decision with reference to the
prayers for instructions TO the jury which
were submitted by both 81 les Saturday. He
granted niae of the IA prayers of the plain
tiff, modelling six of these. refused four and
decided that one was covered by another
prayer, TINS practically granting 10 of the
Il prayers. Six of the IL prayers of the
defendant werr granted and substitute of
Judge Brsdley's for another was accepted,
thus making seven prayers granted, five
with modlti cations, and the other five were
refused.
After making his decision Judge Bradley
sal that while the burden of proof rested
with the plaintiff 10 show that contract to
marry was entered into as the defendant
had set up, the defence that the contract
had not been made in good faith, the bur
den of proof would rest with him TO show
that there was an agreement that the con-
tract was not TO be carried out and that
statements made in the presence of other
parties were made with understanding by
both parties.
Major Butterwor,h and Judge Wilson
each made an appeal not to set limit of
in, fhn nd
granted the requests with the understanding
that the counsel woIid not take up too
much time. Nj. Carlisle then began the
opening argument for the plaintiff.
He briefly sketched the life of the plain
tif from the time of her fathers DEATH in
| 1876, until 1893. He called attention to
the fact that the testimony of Mollie Shin
glebauer, John Brant, Hiram Kaufman and
Rankin Roselle was all disproved by rep
utable witnesses. lie declared that since
1854 there was not an attempt to attack the
| character of the plaintiff except as
relegates to the defendant. lie said /:
For nine years the defendant
was intimately acquainted with this
| plaintiff, yet with all knowledge
gained by the intimacy, with all bis in
fluence as n member of Congress at his
| command, all he is able to produce are the
depositions OF such disreputable characters
as Brant and kaufman. Mollie Shingle
bauer and Aleck Julian, Rankin Resell and
old man Wood"
The defense. said Mr.. Carlisle had taken
the deposi,ions of Orrn Brown and sister.
Mrs. Robertson, children of the president
of WESLEYAN college, anI they spoke so we'll
and so nightly of the plaintiff. that the
plaintiffs counsel read the deposition as a
part of their evidence. Mr.. CarlisI- handed /,
the iurv several tintypes of the plaintiff n taken
inst before she met the defendant, where
Miss Pollard il reprcsented in short dresses
add other marks Of school-girlishness.
Then Mr.. Carli,la told of the meeting
between the pl,inuff aud the defendant OF,
the cars in 1851. He passed over thi,
quickly saving that both parties said it
meant a trivial conversation the ONLY point of
difference being that she said he sccosted
her and he said she accosted him.
The history of the Kentucky orator was
sketcbed in complimentary Language. "On
the stand" be said, this dtfendant paid
tribute in voice and manner TO hi' deceased
wlfe and mother of hls seven children. He
confesses on the witness stand that no man
hst less excuse for what n" dd than he
had; no words would msgnify the advan-
tAReS he had no words conld punt the
depth into winch he fell IN this instance.
And this Is the man who met this school girl
on that tram.
The contract with Rodes wss fully re-
sieN.u i".;. nr, Har'l''e' "a ueIenoing ,he