St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-04-15

mon. l those DAYS 1t would have been
simple. In these days the law has pro-
vjded javelin-n0t the, Javelin of The
servants of Absolom-but Your verdict.
BY that this wrong is to be repaired;
no other way now. Before you the
woman comes as the law says she shall,
and what will you DO? l invite you as
my last words to impale him, hold him
aloft. that. the world may he warned,
| aud ju ;tice will cry amen and amen."
| JUDGE BRADLEY'S CHARGE.
] At 2:30 Judge Bradley began his
| charge'to the jury.
| Following Is summary:
! Judge Bradley spoke first of the pol
F., luton of the case. He said it contained
the parties had been OBSCURE it would
have attracted but little attention. But
because one of the parties had been of
national prominence, and because. he
| feared, of the character of the details. it
had attracted large and sometimes
vulgar crowd. The court, and even
some of the jurors, had been deluged
with letters conveying suggestions to
| which the wri e.s had not the de-
cency to sign their names. He believed
| the jury lraG followed the injunction to
discuss the case with no one. 1t was
| inaccurate to say that the community
Exceptto see that justice was done be-
tween the parties the world at
| large had no interest in the
case. Public opinion should not
weigh featherweight, abstract princi-
pies were not to be vindicated, nor the
country, the home and the family. Per-
sonal opinions or wishes. based on the
relations between the parties. or other
facts, were not to he considered. 1t
was only question whether contract
to marry existed. and whether, if
broken, there was all excuse for break.
ing it. The verdict was not to vindicate
the character of either party. Although
much of the testimony was unfit to be
reviewed, it was to be said, to the credit
OF the parties, that they had handled in
delicate details as carefully and decently
as possible.
Nearly all of the counsel had oh.
served the same restraint. and he re-
GREETED that this could rot be said of all
the counsel. (Here all eyes were turned
to Col. Phil Thompson.)
ANY REVOLVING STANDARDS OF MAN
HOOD
which had been set up were not to be
weighed as evidence. nor were collater-
al details to be Above d to obscure the
the main issue. The credit to be placed
fendant where they differed was to he
judged in the lig lit Of the character and
lives of the two, as shown. and OF other
circumstances a Getting their CREDIBLE
ity. After reviewing the contentious of
the two parties briefly. he read the legal
instructions granted, which have al
ready been printed. Col. Breckinridge
sat between MAJ. Butter worth and his
son Desha, with his chin resting on his
hand, while the instructions were be-
ing read. The whole charge was in
manuscript, and Judge Bradley read it
in q rather monotonOus tone. In eX-
planning one Of the instructions the
Judge said that if the defendant had
any knowledge OF improper conduct on
the part of the plaintiff when he prom.
ised to marry her, if he did, his action
condoned those Otfenses. Explaining an
other. he said that the defendant,
quoting Massachusetts opinion, could
not be excused from failure to perform
marriage contract by legal inability to
fulfill it, because his legal inability did
not lessen the damage to the plaintiff
from his failure to marry her. There
must I've grosser improperly than that
| testified to by Julian regarding mock
marriage to form an excuse for failure
to fulfill a marriage contract, the judge
said, and quoted Julian'S testimony.
Lewd and lascivious conduct meant
more than Julian had testified to, or
Rossell, who told only of such acts as
were common between people engaged
| to be married.
TO SUM IT ALL UP,
| if a contract was not made, or if it was
agreed to with the understanding that
| it was not to be carried out, the verdict
| should be for the defendant. If con-
tract had been made and broken they
were to find for the plaintiff, awarding
such damages as they saw fit. Their
verdict must be formed upon the pre-
ponderance of evidence.
The jury retired at seven minutes
| after O'clock.
| BRECKINRIDGE WILL FIGHT.
Shortly before midnight Col. Breckin-
ridge, in an interview with an Asso-
ciated Press reporter, said he did not
intend to let the litigation end here. Ii
the motion for new trial he denied. ne
will prosecute an appeal and exhaust
every possible legal remedy. He at
tributes the verdict to the power OF
public opinion, which influenced the
jury. Said he:
",rhe plaintiff and will each live our
respective lives, the public will bacons