The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1894-03-13

II "a, 1852.
Pollard, domurO and with downcNst
eyes, wrapped in her long black cloak,
tho congressman defendant and his
aatchol OF documents following so close
" alter that tho two parties seemed to
have como together.
First in tho proceedings Attorney Car
Isle, for Miss Pollard, represented to
the court that the four mysterious vol
nlnGS oil Washington Irving taken from
the Cincinnati convent and ordered on
Friday to be produced had boon filed
with tho clork OF the court in n scaled
package with tho endorsement that they
were sealed by agreement OF counsel to
bo opened under the direction OF tho
court. This rcopenGd the controversy
over tho identification OF tho volumes,
Mr.. Buttcrworth contcnding that closer
description by tho plaintiff wa, abso.
lutely necessary.
My client is not going TO stand up
hero and describe those books, or sit
here and do 1t, replied Mr.. Wilson tart
~, in which ultimatum ho was sustain
cd by tho Judge.
Mr. Wilson was proceeding to put in
q deposition when Colonel Brcckin-
ridge suavely requested to DO shown it
and told his lawyers to object because
1t was written neither In tho hand OF
tho deponent or oil tho Justice OF the
peace. Mr.. BreCkinridgo became visi.
bly, excited and nervous over tho mat
ter. This fret deposition offered in tho
case was by Sarah Cess. Mr.. Butter.
worth raised the objection that notice
OF ita being had been served npon the
defendant.
LEGAL BATTLE.
Colonel Brcckinridge's law partner,
John L. Shelby, Of Lexington, Ky, said
notice had been served upon attorneys
who had represented Colonel Brcckin-
ridge in some OF tho prcliminnries, and
who, according to correspondence read,
protested that they woro not attorneys
oil record, but connected with tho courts
OF the District OF Columbia, having ap-
peared Tor tho swearing OF witnesses ut
the reQueat OF Colonel Breckinr;dgo's
son. In his statement to tho court he
urged that tho law required notice TO
be served only on the defendant or his
attorneys OF record. lIo made the
further point that there was nothing to
show that tho law directing that deposit
tlons shall bc reduced 10 writing by tho
deponent or tho officer before whom
they arc taken had boon complied with.
Tho question OF allowing dispositions
was argued at some length, but tho mat
ter was Tor tho time deferred, and wit
ness for Miss Pollard was called. fash
ionably dressed, smooth-iacod, be.spec-
tac!ed young man, who gave his name
MS Claude De La RoCh Francis, first
cousin OF Ward McAllster and nephew
OF the Marquis Do La Roch, chamber
laln to tho pope, announcing that his
residence was In New York, but that
most oil his time was spont in Europe.
lie had known Miss Pollard in Wash
ington in 1898, when she lived at %
Lafayette Square and 1919 II. street,
lie hnd been visitor at the latter place
two or three times 4 week, always soc-
ing Miss Pollard thero and frequently
Colonel Breckinrid.c with her 10 the
drawing room.
what was Colonel BreckinridCo's
manner toward Miss Pollard2" asked
Attorney Wilson OF young Francis.
Always extremely paternal and very
kind-vory adectionate also"
What was Miss Pollard's manner
toward him?"
very respectful and atToctionate."
Miss Pollard had introduced tho wit
ness to Colonel lBrockinridge once in the
drawing room. As tho witness entered
ho found Col. Breckenridge holding
Miss Pollard's hand as though he was
about to leave. As he stood in the hall
he heard Col. Breckinridge ask Miss
Pollard who he was, whether no came
to see her. and seemed fearful that he
might inform mutual friend. Mrs.
Corrurias, OF the Mexican legation. OF
his (Col. Brcckinridge's) attentions to
Miss Pollard, and also heard Col. Breckin-
ridge inquire il he knew OF their engage
ment, seeming apprchensive that he
might speak OF that. lie had several
times seen Col. BreCkinridge and Miss
Pollard 90 out together, once in tho
evening, and had frequently heard their
engagement mentioned in the house.
Ills ADVICE.
On cross-exumination young Mr..
Francis said that Miss Pollard had re-
pcated the conversation with Colonel
Breckenridge concerning himself to him
asking him not to speak of tho engage
mont to anyone who did not know OF it
already. The young man was a law STU
dent, it appeared. Last spring Miss
Pollard had asked him in case anything
should arise to make it necessary ii he
would give his testimony. lie said:
THAT was ono day in the drawing room
when Miss Pollard seemed very much
depressed; said she feared Colonel
BreCkinridGc was not going to keep his
word that if hcidid not marry her on
the appointed day she would shoot her
sell with pistol. said 1 do not SEQ
why you should take it 30 much to
heart, Miss Pollard. While Colonel
Dreckinridgc is distinguished nun
and all that. there are other men in the
world She said: "Ah, but there is
no other but Colonel BreckinridgG for
me. You do not know how kind he
has been to me-" She seemed 10 think
that Colonel BrecIinridge's attentions
might have compromised her and ask
ed Mrs. Thomas (the landlady) and l
not to believe anything discreditable
which might DO said about her on ac-
count OF it. She simply asked mo to
De friend in case any trouble should
arisc-it there should be any talk, l
suppose she meant. Nothing was said
about Ian suit. l don't suppose she
know then that there would be one.
This incident occurred about the 18th
OF May. Something had been said