The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-03-13

ALL LAWYERS DENY IT

WAsHINeToN, March 18-suoh gath
ering of lawyers al today filed the cir
cult court where the Pollard -Breckin-
ridge case is on trial, has seldom been
seen Ia Washington. Members of the
local bar crowded the place TO see what
sentence Judge Bradley would mete out
to the visiting Kentuckians who had
made a pugilistic assault upon Miss Pol
lard's attorneys the night before.
Within the recollection of the court
officials, there had been ne instance of q
resort to hstIcuffs by practitioners before
the local bar.
Col Breckenridge, smiling as usual.
was shaking hands with his cousin, Gen.
Joseph Breckenridge, when Judge Brad
ley took his seat on the bench. impress
sive silence followed the roll call ST jur-
Ors, the Judge seeming to wait for explain
atiOns from the lawyers.
Then he asked. 81 notice the papers
have laid out course of procedure for
me to follow regarding an occurrence
just outside the court room after the
court had adjourned yesterday evening
which the court did not see. and which
the parties concerned in it here probably
regret as much as the court does. IT is
not matter Of which the court can take
judicial notice.
ssAs it was past the hour for adjourn
6nished speaking last night, and as I
noticed some evidence of excitement On
the part of the defendants counsel, 4
thought it best TO adjourn the court
thinking after a night of thought over
the connection in which certain words
had been used. the counsel might look
upon them differently. Had the troubles
referred to taken place ia court. it would
have been the duty Of the court tO take
Judicial notice Of it and he would have
done 50 promptly"
Then after a brief pause. Judge Brad
ley proceededs There is a matter which
deem IL my duty to speak about The
court has received Information that some
of the gentlemen represen enting the defen-
daut have come into the court room
armed There is law for the punish
ment for the 0ffense of carrying con-
cealed weapons, not AS stringent as I wish
it was. This is a laval Liding commun-
ity. the courts are adequate to protect
citizens. and as such conduct is uncalled
for, it is most prehensible. If the court
has Information adequate, be VIII see
that prosecution is begun in the police
court of the district"
Here Mr.. Butterworth rose, stating
that he had never carried a weapon and
thought the counsel should BE given an
opportunity to enter disclaimers. as he
would regret the occurrence of such a
breach of order as much as the court
Mr.. Shelby, Col Breckinridge's part
ner, said he had never carried a weapon
in his life Dir. McKennY followed with
q similar statement 0Ir. stol declared
that he had never entered the presence
of a court armed, and then Mr Thomp-
son remarked. ssAs / am the only one left
] viii enter a disclaimer also
lIr. Carlisle rose to say hat be wished
it understood that the information had
not come from any of the plaiutiffs
counsel to which udge Bradley assent
ed, further remarking that it had been
made to him by reputable parties
The belligerent episode having thus
been closed, Attorney 5toll for the de-
fense was asked to be permitted an argu-
ment ia support of his motion to suppress /
the dispositions taken the day before the
trial. when Judge Bradley interposed:
stI hardly think it is necessary AS the
court was about to decide in your favor
The Judge excluded the dispositions on
the ground that they did not conform to
the law. that they must either be written
by the deponent or 10y the notary before
whom they were taken, as they were
afterwards written by typewriter
An exception TO the ruling was taken
for the plaintiff.
Another deposition. that Of Mrs. Mary
Logan, taken before n ofary Lowrey
j Jackson in Cincinnati, was offered for
the plaintiff and objected to by the de-
fendanC
In the argument following. it devel-
the birth of Miss Pollard's FIRST child
Attorney Carlisle admitted that the iden-
thcation of Miss Pollard By the witness +
was not completed, but complained Of
the manner and length of the cross
examination Of Mrs. Logan. Who had
herself protested against it as persecution.
Judge Bradley decided that since more +
than day had been consumed in cross (
examination Of Mrs. Logan. the rights Of
the defendant had been preserved and
the deposition, the defense no /
ting an exception.
Mrs. Mary Logan is @ Cincinnati ply
sician. as appeared from the deposition
read by Nr. Carlisle She had in
1884 treated young girl about
10 be confined who had given
the name Of Monica Burgoyne
saying that her friends called her
"Mona," and the witness said that Miss
Pollard, who was then in the notary's (
office, bore some resemblance to her, al T
though she had doubtless changed 1t /
was the young woman's first child and /
she had reported that her husband had {
died or there were family reasons for /
keeping the birth a secret
The taking of dispositions occupied +
two hours and proved SO prosy that BY I
the time it was concluded, there were {
but few spectators left in the court room. T
The attorneys for Miss Pollard are not T
decided whether or not she shall be Dnf /