Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1894-04-08
THE POLLARD CASE.
THE ARGUMENTS.
Mr.. johnson Speaks for Plaintiff and Mr..
Shelby for the Dcfensc-Decis-
ion Reserved.

OF prayers for instructions to the jury.
There was not a large audience present.
most Of those who were on hand being
members Of the profession. who were
attracted by the prospect OF legal bat
lie. 1t was after IL o'clock when the
arguments began. as the first hour OF
the court was devoted TO hearing mo-
tons on all sorts OF subjects. Saturday
being the regular motion day OF the
court.
Neither Miss Pollard nor Colonel Breck-
inridge was present, and while Messrs.
| Wilson, Carlisle, Johnson. and Farrell. or
the plaintiffs counsel, were present. only
Messrs Shelby. Thompson, and Mckinney
appeared on behalf OF the defendant.
When Judge Bradley announced that he
was ready TO hear the case, Mr.. Carlisle
arose and read the fourteen prayers which
set forth the instructions to the jury
asked for by the plaintiff. The prayers
of the plaintiff read, Mr.. Shelby read
those prepared on behalf OF the defend
ant-eight In number The instructions
| prayed for were, robbed Of all legal ver-
| biage, as follows:
| PRAYERS OF PLAINTIFF.
| The court Is prayed to instruct the
| Jury that this is an action for breach OF
contract for marriage. and II they find
that there were mutual promises, that
| this constitutes a binding contract, and
that a subsequent marriage Of the de-
| PENDANT would be no defence, neither
would proof OF the improper relations
! on the part of the plaintiff with another,
| If he knew OF these relations at the time
| of making the contract
The defendant denies that a contract Of
| marriage was entered into by him. His
| contention Is that there was a mutual I'M
Outstanding between plaintiff and himself
| TO deceive others with reference to their
| relations The burden of proof lies with
| defendant, and he must prove that she was
a partner to the understanding
On the whole evidence the verdict must
| be for the plaintiff. unless the jury finds
| that she agreed with the defendant before
making any promises OF marriage that
The burden Of proof lies with him, and he
must prove that she was a party to the
| understanding.
They must find for the plaintiff whether
| they find that the defendant made his
promises in good faith or not. IL they find
that she took them in good faith, and SO
acted upon them.
They must find for the plaintiff unless
they find that the plaintiff did not accept
the promises and knew they were not
binding promises.
If the jury believes that the defendant
made the promises in bad faith, and that
plaintiff accepted them in good faith. they
must regard this as no defence and the
verdict must be for the plaintiff.
Whether plaintiff understood the rea sons
OF defendant In making the promises or
! not, this is no defence, and they must find
for the plaintiff.
The defendant having claimed that he
had had carnal knowledge before making
the promises, this does not render the con-
tract invalid.
If the plaintiff did tell the defendant
that she had improper relations with
Rodes. and they find that he thereafter
made promise. the fact OF her having
told him does not invalidate the contract,
and they must find for the plaintiff.
AS TO DAMAGES.
The fact that the defendant admits his
secret marriage at a date that places II
before some and after other promises OF
| marriage made to the plaintiff is no de-
fence and does not initiate against the
plaintiff, but should be considered by the
jury as n matter Of aggravation in esti-
mating damages.
If the defendant kept his marriage n
secret from the plaintiff and then made
promises OF marriage TO her, this should
be considered by the jury as aggravating
damages.
In estimating damages, II the Jury finds
for the plaintiff they should consider all
the facts in the case and the relations
that existed between the parties up to
the time OF the breaking Of the promises,
the social and pecuniary advantages that
would have issued to the plaintiff from
the marriage. the humiliation that came
from the relationship. and the loss that
will come In after-life In seeking her own
living, and they may also award exemp-
larry damages
If they find for the plaintiff. and also
find that the defendant did announce his
intention of marrying her to a third
party after his secret marriage to an
other. which marriage he concealed from
the plaintiff they must consider this fact
an aggravation OF damages, and the abil-
ity or inability of the defendant 10
pay should have no effect upon their judg-
mesnt.
Finally, II the jury finds that the plain.
tin was pure, save with the defendant,
and that his attempt to impeach her
purity was not made in good faith, they
must consider all this in assessing
damages, which damages. however, must
not be In excess Of the sum claimed
$4,000.
PRAYERS OF DEFENDANT.
The instructions prayed for by the de.
fence were briefer than those presented
by the plaintiff. They were read by Mr.
Shelby Immediately after the conclusion
OF the prayers for the plaintiff In sub.
stance, they were as follows:
Before the paintiff can recover damagea
the jury must believe that there was a
contract entered into between the defend.
ant and plaintiff that they should in the
future become man and wife.
If there was no>such promise between
the parties to marry each other, then no
statement made In the presence OF another
would constitute a contract, IL these state.
ments were made with the UNDERSTANDING
that they were TO be for the purpose Of de.
ceiving and misleading the parties be.
fore whom they were made.
If there were improper relations ex-
listing between the plaintiff and the de-
PENDANT. then all terms of endearment.
evidences OF familiarity and the financial
support Of the plaintiff by the defendant
must be regarded as growing out of these
improper relations, and not out Of any
promise Of marriage.
The burden of proof Of the existence OF
a contract lies with the plaintiff
The defendant having been married on
April %. 1888. any agreement to marry
made thereafter Is void.
II the jury finds that contract to mar
ry was entered into between the parties.
and II they further believe that the plain
tiff was guilty Of improper conduct with
other men. such q fact being unknown TO
the defendant, he was by this released
from his obligation TO carry out the con-
tract; and this Is so whether at the time
OF his refusal he knew OF such conditions
or not.
II the jury finds that there was a con-
tract, but believes that the plaintiff, by
threats or conduct, made the defendant
think that his life was In jeopardy from
her. he IL excused from fulfilling the con-
tract.
If the jury believes that there was q
contract, but find that the plaintiff was
not without fault with other men, the
verdict should be for the defendant, even
II he knew Of her fault.
THE ARGUMENTS.
Mr.. johnson made the first argument
for the plaintiff in support Of her prayers.
quoting freely from legal documents. Mr..
Shelby followed for the defence, and was
in the course of his argument when the
court took a recess for luncheon. After
recess arguments were resumed and the
fudge reserved his decision