The Washington times., 1894-04-14

| tnereuIter. IL as peculiar tnat the certiHcat,
OF that marriage, which had been withheld from
record at the request of the defendant, had alss
been nled at particular point in the case in the
recorders Office at the defendants request.
Describing the two scenes in the Office of Major
Moore when the colonel sat beside the plnintif
on the sofa, Mr.. Wilson remarked where he
ought TO be to-day, gentlemen. lie ought to be
her guardian rather than her defamer. II tina,
statement before Major Moore had been made in
the state OF New York or in many Jurisdictions
ii would have made the woman the defendants
| legal wife; and had another marriage a few days
| before been proved, he would have been guilty
OF an offense which would have put him behind
| barred doors
The attorney commented on the circumstances
| that no Witnesses had been brought from Ken
tucky to testify regarding the general character
OF Col Breckinridge n man who kept his con-
| tracts and was chaste. On the other hand,
everyone from Kentucky or Washington who had
been asked concerning the character OF Made-
line Pollard had said that she was n woman
| from girlhood of the greatest refinement, Of
the best associates, and apparently the highest
character IL had been said in defense that this
| bright, scint1liating, effervescing defendant
| could not afford 10 associate with n character
surrounded by such an atmosphere
Ihere had been specific charges made. From
the time oil her praitling childhood they had
turned n searchlight upon every passage of the
| plaintiffs life. Three innocent school girl let
ters written in the confidence of youthful friend
| ship had been raked up. Ben Butterworth had
read them, had pointed TO n word here and there,
and had said there was something mysterious
| about them. MIR. Wilson did not know how those
l i
might have been by tricEery, but ii Owen Robert
son had given them up, knowing the use 70 which
they were to be put, ''he is whelp,' Mr. Wilson
declared.
| After the noon recess MIR Wilson averred that
he wished TO apologize for what he had said re-
gardine owen Robertson, because that person
had made deposition for the defense which had
not Deen read to the Jury
Attorney Stol interposed that IL had been
read, and then striking the paper on the desk,
MIR Wilson replied, "if you say IL has been read
then will read it, and proceeded TO quote from
Rohertsons testimony that when those letters
had been writtcn he had not been old enough 10
Judge of Madeline PoIard's character as 1t con-
cerned her relations with men
The deposition of Mollie Shindlebauer was con-
sidered next, and in that connection Mr. Wilson
charged that the defense had resoFted to delib-
crate perjury II was known that Madeline Pol
lard was in Pittsburg all the time that the Shin
dlebauer woman had testified she knew her The
repentant Shindlebauer woman, as she had been
called, had not talked OF Madeline Pollard. how
ever, but OF Mamie Pollard, and Il was in evil
dence that the plaintiff had sister named Ma
ME, respectable woman, older than herself
and married to Methodist clergyman In this
connection Mr.. Wilson developed n new point
which seemed to impress the audience and he,
went on to say that MOllie Shindlebauer had been
principally called to prove that in 1877 Madeline
Pollard ha been a mature woman, and il was
conceded that Mamie Pollard, Of whom she spoke
was matured then. Concerning the engagement
TO woods, he declargd thai there was no mint
even OF impropriety in those relations.
The relations of Madeline Pollard and Rhodes
were discussed next, and Mr. Wilson emphasized
the fact that there was no testimony but that OF
the defendant 10 the effect that the dead man,
VINO could not speak for himself. had sustained
improper relations with the plaintiff Rhodes
however. was a man who, unlike the defendant
Kept his let ers These letters had been raked
up, and throughout them there was no sentence
TO hint OF improper relations between the parties
to the correspondence. The defense, however
accused the dead man OF even greater periidy
than was charged against the defendant
Discussing the Testimony of Hiram kaufman
and John Brandt, the speaker said that some
good wader had wHded through the filth of the
back alleys Of Lexington to bring forth this
known perjury, which had greater significance
because 1t showed the character of the defense
There was II spirited little controversy between
the ATTORNEYS when ir. Wilson. after d issecting
the probabilities OF the meek marriage testified
to by Aleck Julian, declared that he would ac-
cept the challenge thrown down by Mr. Butter
worm IN asking why they had not called MEM
De-s of the Iinsley family 10 disproye that oc-
curreace, and said that the reason was known 10
the Jury, because it had been discussed before
them. The notary public who took depositons
in Lexington for the defense had refused TO re-
ceve them Tor the plaintiff, so that IL was neces-
sary for them to go TO Frankfort 10 have another
notary commissioned. and because Of this delay
the dispositions ha1 been taken so late that they
could not be admitted
This was objected to by Messrs Butterworth
ard Stoll as improper argument. but MIR Wilson
maintained that since 1t had been argued in the
presence OF the jury it could be properly re-
ferred 10.
why did you throw down the challenge to
me-. demanded Mr. Wilson of Mr. Butterworth
and Mr. BUtterwOrth answered ..becausp /
thought you "ould answer the truth adding
that tho plaintiff had not taken the testimony Of
squire linsley. Mr.. Wilson replied that the de-
Tense had given notice they would take the
squire testimony and then had not dared to do
IL Mf wilson mad some sharp sparring with
Attorney Stoil, and then he went on 10 sneak of
the testimony OF Rankin Rossen lie might he
said have passed by tha. testimony us did a fa-
nous lawyer who handled - most unique liar
by simply dismIs ssing him with may God have
merry on his soul" He then characterized Ros-
sell testimony as "a black, damnable lie. lie
nnl!ed TO the counter, 10 be written up in letters
oi deepest black against this defense +"
This disposed OF all the aspersions upon the
character OF Madeline Pollard, Mr.. Wilson
thought, except the unsupported statement of
the defendant that Madeline Pollard and James
Rhodes had told him that they sustained Illicit
rehi!ons lie discussed The inherent probabili- |
tles OF such confidence, saying that Col Breckin-
ridge was the mos; agile man he had ever seen |
on witness stand; that the colonel had not |
practised law forty years for nothing lie Col |
BreckinridSe) knew that il he had said Rhodes |
made to him n professional communication the |
court would htve sealed his mouth. The state
ment was the more improbable since all the |
testimony showed Rhodes to be honorable, |
hard-worling man, decent gentleman
Then Mr. Wilson proceeded TO attack the cred |
bility of the defendant fiercely ..He has been |
equally guilty with my client declared the law
yer; 'even more 30, for he had taken a solemn |
marital vow TO heaven and she had not He had |
broken that vow by his own confession before he |
ever met Madeline Pollard. lie has admitted |
that he knew Sarah Cess knew the character of |
her house, and had been there before he went |
with Madeline Pollard. He has lived lie for |
ten years; his life has been that of faithlessness
TO the most sacred obligations of life He has |
lived life OF duplicity, of hypocrisy, such as |
you can't coin words 10 express the length and |
breadth Of
Ills own counsel have characterized him in a |
way such as /, although my heart is in this case
Tor thls poor, frendess, stricken. homeless girl,
could hardly lind it in my heart to say. When he |
comes and makes such confession. and then
tells this story. how can he expect to find q man !
SO credulous as to believe it? The walls Of no /
temple OF Justice ever heard the like of it. lie
tells you thar he went to Mrs Blackburn's in
teniionally TO deceive her lie tells you that he
Went TO Moore TO tell him lie He was married
In New ork secretly, and he falsified his own
marriage certificate. The laws of New York
compel these certificates to be flied. and he was
an active participant in having il kept secret
lie tells you that when he was publicly married
ne tired 10 Keep that record of the private mar
rage from being recorded When he attempts
TO blacEen the testimony Of my client | want to
measure his testimony by the rules OF law. How
40 You know that he is not deliberately telling
this story to deceive you,
Inc probability is that he is doing Il. for he is
now IN the tots he is brought 10 bay, and in his
extremity he asks you to believe such q story on
MS unsupported word, this man stepped and