xt7qz60bw773 https://exploreuk.uky.edu/dips/xt7qz60bw773/data/mets.xml Pollard, Madeline Valeria, 1866- ; Other Authors: Breckinridge, William; Campbell Preston, 1837-1904; District of Columbia. Supreme Court. 1894  books b92hf5456b37p64018942009 English American printing and binding company : N/A Contact the Special Collections Research Center for information regarding rights and use of this collection. Booksellers and bookselling. The celebrated trial, Madeline Pollard vs. Breckinridge, the most noted breach of promise suit in the history of court records. text The celebrated trial, Madeline Pollard vs. Breckinridge, the most noted breach of promise suit in the history of court records. 1894 2009 true xt7qz60bw773 section xt7qz60bw773 
    
    
   Madeline Pollard vs. Breckinridge!

A YOUNG SCHOOL GIRL.   A MEMBER OF CONGRESS.

THE MOST CELEBRATED

Breach of Promise Case

IN THE HISTORY OF THIS COUNTRY.

This page represents the front \ p;        nn|v Kf) fjpntfi of the paper cover book.     / fllCC Only %J\J VrClllO. 
    
    
    
   MADEUNE V. POLLARD.

mm 1_ f- 
    
   THE CELEBRATED TRIAL

MADELINE POLLARD

vs.

BRECKINRIDGE

THE MOST NOTED BREACH OF PROMISE SUIT IN THE HISTORY OF COURT RECORDS.

coirrjLumra

A GRAPHIC STORY OF THE SENSATIONAL INCIDENTS IN THE JOINT LIVES OF THE NOW FAMOUS LITIGANTS, AS GIVEN IN THEIR OWN WORDS.

5TU5 TWO STORIES DIFFEB WIDELY AS TO THE MATERIAL FACTS IN THE CASK    TESTIMONY OF THE KENTUCKY SCHOOL GIRL DIRECTLY CONTRA DIOTS THE STORY OF THE SILVER-TONGUED UKATOR AND STATESMAN     TESTIMONY OF  PROJilNL.Vf WITNESSES FROM VARIOUS STATES UNCOVERING STARTLING   INCIDENTS IN THE LIVES OF PLAINTIFF AND DEFENDANT.

TOR UTTRTRISING DISCLOSURES AND DRAMATIC SCENES THAT FILLED THE COURT ROOM WITH A THRONG OF EXCITED SPECTATORS FULLY DESCRIBED   THE MOST SENSATIONAL TESTIMONY EVER PRODUCED ES COURT.

ONE OF THE MOST DRAMATIC AND HOTLY CONTESTED LEGAL BATTLES Off MODERN TIMES   AN ARRAY OF LEGAL TALENT RARELY EQUALED IE COURT ANNALS IN POINT OF ABILITY AND ELOQUENCE

/UDGE BRADLEY'S CHAIcCE? TO THE JUEY

OTEGHES OF COUNSEL AHD DECISION OF THE JVBt

to wiuvu zs Ajjraro        A 09MJPLBTE BIOGRAPHY OF CQL. BRECKINRIDGE AND MISS POLLAED--HM OOLLBGB DAIS    WAB RECORD    PROMINENCE IN CONGRESS

MANY PORTRAITS AND HXF*P*A  OS8.

PUBLISHED AND COPYRIGHTED, 1894, BY

AMERICAN PRINTING AND   BINDING COMPANY

NMTL ft 
   PREFACE.

IN presenting this book to the public, it has not been our intention to pander to the tastes of the depraved and vicious ; but rather to gratify a natural desire on the part of the intelligent reading public for the details of a trial which, on account of the prominence of one of the contestants, has become, perhaps, the most celebrated breach of promise trial in the history of this country. We also trust that this trial will be a warning to the millions of boys and girls in our country whose characters are just being moulded, and who are at that age when they begin to realize the duties and responsibilities of life. The book can not help being of value to this class of persons, putting them as it does on their guard by holding up to their view the terrible consequences of the perfidy of man and the frailty of woman; and we believe it will serve as a warning to our women of maturer age, as well as a striking example to our men, teaching the latter to respect the wives, daughters, and sisters of other men, as they desire and hope that theirs should be respected. It once more vividly illustrates the truism that inevitably, in the long run, " the way of the traugressor is hard."

When this book was announced, it was our intention to give a verbatim report of the testimony in this celebrated trial, but we early found it necessary to eliminate tedious technicalities and such portions of the testimony as were unfit for publication. We do not claim originality; we have merely interwoven the main facts of the trial and the evidence and pleadings of eminent counsel in a manner that, we hope, will be found readable and instructive.

The Publishers. 
   ^3

Madeline Valuria Pollard, alias Madeline Vinton Pollard, alias Madeline Vinton Breckinridge Pollard   which names, according to the testimony adduced, she assumed at different times in her career   was born, as near as can be got at, in 1866, at Frankfort, Ky. Very little of her mother's history is known, only that she was a good woman and a good mother. Her father, whose memory she seems to revere, was a man of little education, as far as school education was concerned; but he was evidently a man of considerable brain, and in a great measure a self-educated man. Well read he must have been, from Miss Pollard's testimony in regard to him; and according to his daughter, he took great delight in teaching his " little guyrl " all he knew. Her home life while her father lived must have been a pleasant one, for she said, in answer to a question of Mr. But-terworth while on the stand : " Why, Mr. Butterworth, I played more than any little girl you ever knew." Her father's name was J. B. Pollard, and he followed the occupation of " a saddler." He stood high in the ranks of the orders of both Masonry and Odd-Fellowship, and these facts alone are sufficient to put him on the higher plane, and mark him one of God's noblemen. And at his death both these orders showed their high appreciation of the man and brother by their attention to his obsequies After his death the family seemed to have been, in a measure, broken up. He dying in 1876, leaving seven children, some of them being cared for at the Odd-Fellows' Home and some remaining with her mother, Miss Pollard went to live with her aunt in Pittsburg, where she remained from June, 1876, until the last of August, 1882. While with her aunt in Pittsburg, she attended the Public Schools, and there received the rudiments of her education.   From her aunt's she returned to her mother at 
   BIOGRAPHICAL SKETCH

OK

COL. W. C. P. BRECKINRIDGE.

William Campbell Preston Breckinridge, defendant in the celebrated Pollard-Breckinridge breach of promise suit, was born in Baltimore, Maryland, August 28, 1837. His father was Robert J. Breckinridge, a pious Presbyterian divine, and his mother Sophonesba, daughter of General Francis Preston, and granddaughter of William Campbell.

Colonel Breckinridge's father lived between 1800 and 1871, Attorney General Breckinridge between 1760 and 1806. His greatgrandfather, Colonel Robert Breckinridge, of Virginia, came to that State from Pennsylvania with Alexander Breckinridge, his father, an Irishman, who reached America from the old country in 1728.

Staunton, Fincastle and Charlottesville, Virginia, and Lexington, Kentucky, mark the various destinations of this race after they left Pennsylvania.

The emigrant's wife in this country is said to have been named Preston. His son's wife was named Lettice Preston. The wife of John, the Attorney General, was Mary Hopkins Cabell, of Virginia. The father of the defendant in this trial was his mother's second cousin, Sophonesba Preston, and her mother was a daughter of General William Campbell, of King's Mountain, and granddaughter of Patrick Henry's sister. The defendant's maternal uncles were Hon. William C. Preston and General John S. Preston, and his aunts were Mrs. Governor McDowell, of Virginia, and Mrs. John N. Floyd. The defendant had a brother in the Confederate Congress. His next brother below is Inspector General Breckinridge. 
   FRiss Pollard's Petitibn.

The Plaintiff Avers that the Defendant, by Wiles and Artifices, not only Won Her Affections, but Finally and Fully Dominated and Controlled Her and Her Life. And that the Defendant, About the Month of August, 1892, Promised Plaintiff to Marry Her, and that the Plaintiff Confided in the Defendant's Promise and Remained Single.

The plaintiff, Madeline V. Pollard, sues the defendant, William C. P. Breckinridge, for that, whereas, heretofore, on or about the     day of August, 1892, in consideration that the plaintiff being unmarried at the request of the defendant had then undertaken and promised the defedent to marry him, and that he undertook and then promised plaintiff to marry her. Plaintiff avers that she confided in the defendant's promise and has always remained and continued and is still unmarried, and was until the defendant married another person, as hereinafter mentioned, ready and willing to marry the defendant, yet the defendant disregarded his promise and afterward, on July 18, 1893, wrongfully and injuriously married another person, to-wit, Louise Wing, contrary to defendant's promise to the plaintiff's damage in

the sum of $50,000.

She says further that she also sues the defendant, William C. P. Breckinridge, for that, whereas, heretofore, on the 17th day of May, 1893, in consideration that the plaintiff being unmarried, at the request of the defendant, had tnen undertaken and promisee the defendant to marry him, and that he, the defendant, undertook and promised the plaintiff to marry her, and plaintiff avers that she, confiding in defendant's promise, has al- 
   Colonel Breckinridge's Answer

TO MISS POLLARD'S PETITION.

Claims that She First Accosted Him on a Train, and In-dttced Him to Meet Her at Weslcyan College. She Told Him Her Troubles with one James Rhodes, Her Afianccd.

On Saturday, September 23, 1S93, Congressman Breckinridge filed his answer to the declaration made by Miss Madeline Pollard, in her suit for $50,000 for breach of promise.

Mr. Breckinridge denies the first count of Miss Pollard's declaration, which states that he proposed marriage to her in August, 1S92.

The second count, declaring that the Congressman made a second proposition of marriage on May 17, 1893, is also denied-The answer to the third count is given with emphasis, as follows :

For plea to third count of the declaration made by Miss Pollard, the defendant says that he never promised, as alleged in the said third count of said declaration; that in the spring of 1884, the defendant being on the train from Lexington to Frankfort, was accosted by a woman between twenty and twenty-two years of age, who introduced herself as Madeline Breckinridge Pollard, saying that her father was such an admirer of John C. Breckinridge, that he named her after said Breckinridge ; that subsequently the defendant received a letter from the plaintiff saying that she was in great distress and desired his legal advice, and asked him to see her at Wesleyan College in Cincinnati, which the defendant answered was inconvenient, upon which she notified him that the matter about which she was distressed was an engagement to marry, which had assumed a condition worse 
   OPENING OF THE GREAT TRIAL

To Which There Were So Many Preliminaries

Breckinridge, the famous Kentuckian, called to answer the charge of Madeline Vinton Pollard.

A Formidable Array of Legal Talent Present.

Jere Wilson for Plaintiff, and Ben. Butterworth for Defendant the Most Prominent.

Jury Selected, and Case Continued Until Next Day to Allow Defendant's Counsel to Examine Late Testimony.

The celebrated case of Madeline Vinton Pollard, against William C. P. Breckinridge, a Representative in Congress, from Kentucky, for $50,000 damages, for alleged breach of promise, was called for trial before Judge Andrew Bradley in the Circuit Court, of Washington D. C, March the 8th, and after a preliminary skirmish which indicated that one of the greatest legal battles of the age was about to commence, the forces retired to renew their contest on the morrow.

THE COURT ITSELF.

Judge Andrew C. Bradley, who will try the case, is a member of one of the oldest families of Washington ; a man in the prime of life, of athletic figure, with a soldierly mustache and strong, even features, and noted among the lawyers of the district bar for his unhesitating firmness and independence.   He is a leading

(2) 17 
   First Day of Trial.

23

marriage between them. He claims, when he met her, she was "a young woman between twenty and twenty-two years of age." This was in the spring of 18S4, so that Miss Pollard's age now would be twenty-seven, according to her own statement, and between thirty and thirty-two according to the estimate of Col. Breckinridge. On this disputed question there will be evidence given at the trial, and much interest is shown in its settlement, as tending to establish whether the plaintiff was of responsible age or not when the alleged offense was committed.

SECOND DAY OF TRIAL.

A woma?i's wrongs.   Dramatic scenes in court.   Breckinridge smiles, while Miss Pollard faces him with an expression of scorn and defiance.   She once drew from her bosom a pistol to shoot him.   Mrs. Blackburn tells the story of the plaintiff's solemn promise of marriage made in her presence, and of his request that she take Miss Pollard under her protection as his future wife.   Col. Moore, Chief of Police, creates a sensation. He tells of several visits the principals made to his office, at which times Breckinridge disclosed his intention to marry Miss Pollard.   A day full of exciting incidents.

Those who came to the court room to-day in which the suit against William C. P. Breckinridge, by Madeline Pollard for breach of promise of marriage, is progressing, and came seeking what is spoken of as a " sensation," found their desires not wholly ungratified. There was a moment, even before the business of the Court had been fully entered upon, when the depths of feeling in the most sluggish natures were stirred, and normal or abnormal craving for unusual mental or emotional experience was at least partially satisfied.

Just before the crier's voice rang out with the famous old court cry for silence and attention, "oyez, oyez, oyez," Miss Pollard entered the room.

Yesterday the gloominess of the chamber was lessened by the sunlight from the great southern windows, but this morning 
   Second Day of Trial.

33

attention to another woman, that he had any affection for Mrs, Wing, but thought it would be well for the report of his engagement to reach his family, that they might become familiarized with the thought of his becoming married.

URGED TO FIX THB DATE OF MARRIAGR.

Mrs. Blackburn related how Miss Pollard had once urged Mr. Breckinridge to fix the day for the marriage; how he had said that circumstances prevented it just then, but that he would fix a date and communicate it to Mrs. Blackburn. Going to his side, Miss Pollard had laid her arm affectionately on Colonel Breckinridge's shoulder, calling him "Willie;" that he had stroked her hand and patted it affectionately. Mrs. Blackburn told Miss Pollard to go away, and Colonel Breckinridge said     "Let us have no more demonstrations here."

Colonel Thompson cross-examined Mrs. Blackburn. Mrs. Blackburn said that the bearing of Miss Pollard upon social occasions had been that of a lady. Mr. Thompson became more pressing in his inquiries regarding the feeling of Mrs. Blackburn for Miss Pollard, and the witness replied that she felt a sorrow for any woman compelled to fight her own way in the world. With flashing eyes, and facing the white-bearded Congressman, she declared: "Just the sorrow I feel in being compelled to appear here, when, if I had the defense of a husband, it would have never been necessary."

When Mr. Thompson asked for the dates of various calls the witness replied: "I had no occasion to charge my mind with them. As Colonel Breckinridge came on his own business and not on mine, I presume he can tell you."

In 1892 Colonel Breckinridge had called upon witness, as he said, at Miss Pollard's request, to correct reports concerning Miss Pollard, and had then asserted that there could be no scandal attached to Miss Pollard's name, since for a long time after corning to Washington she had remained in a convent. 
   Third Day of Trial.

49

Johnson is a particularly stalwart and fine-looking young man. Shelby is a small, bald-headed, eye-glassed man, with a blonde mustache, and was not present when personal pulchritude was distributed. Johnson said "Well?" expectantly, and Shelby let loose from the shoulder, hitting Johnson a glancing blow on the cheek.  Johnson made a lunge in return, and the men clinched.

In a second, Carlisle, a swell of the 400, a noted attorney, and an athlete, interposed, and everybody seemed to jump in at once in a misguided effort to preserve the peace. It was a regular rough-and-tumble Kilkenney fight, every one seeming to be endeavoring to hit any head in sight.

Above the fray shone the white plumes of the defendant as conspicuous as the helmet of Navarre, and his son feared not to follow where it led. There was a confused exhibition of Thompsons, Stolls, Carlisles, Johnsons, Butterworths, with several correspondents taking a hand for fun, a sound of shouts and cuss words, and Judge Jere Wilson's silk hat smashed as the first fatal casualty.

BALIFF LEONARD TO THE RESCUE.

The burly form of one of the Court men, Leonard, plunged Into the hullaballoo, and he grabbed the contestants and threw them in all directions, and there was a general cessation of hostilities, readjustment of clothing, and gathering up of debris. Judge Wilson's hat was evidently hors de cotnbat. Johnson wore a dark red spot on his cheek, and his immaculate get-up was somewhat demoralized. Judge Bradley, who had departed, came back in great heat and haste. He asked a few questions, and was evidently terribly angry.

"Who was guilty of starting this outrage?" he demanded. "I will not have such conduct in my Court, and to-morrow morning I will see that those who caused it shall be punished."

Mr. Breckinridge asserted to the Judge that he was not to blame. He had not participated in the original assault, and was only trying to separate the belligerents. It appeared that that was what every man present had been engaged in except the de-4 
   Sixth Day op Trial-

63

companion with the plaintiff, a point which Judge Bradley said was well taken.

" Do you know Miss Pollard?" inquired the attorney.

"I do."

" Do you see her here?"

Rising, the colored woman pointed out the plaintiff iu black and resumed her seat.

used to kiss miss pollard.

Ten years ago, she continued, Colonel Breckinridge had begun to visit her house on Broad Street, in Lexington, with Miss Pollard. Before the first visit he had called on Thursday in the summer time to ask that Miss Pollard be kept there Friday to Monday, a request which was at first refused because the witness had no room, but was finally agreed upon. Friday night just at dark they came, and Colonel Breckinridge was in the front room with Miss Pollard until 11 o'clock. Colonel Breckinridge knocked on the middle door for the woman to let him out when he was ready to go.

" He kissed her and bid her good-night, putting his arm around her."

Saturday night and Sunday night Colonel Breckinridge had repeated his visits, each night kissing Miss Pollard good-by in the presence of the colored woman.

Sunday night

Colonel Breckinridge said that Miss Pollard must get down to the depot early in the morning to take the first train, and the witness had overheard him say that she was to meet Mr. Rodes there.

she wore a school girl's dress.

Mr. Farrell asked the opinion of Sarah Gess as to the age of Miss Pollard at that time, a question objected to by the defense, admitted by the Judge, an exception noted, and the answer given as follows:

" She had dresses up to the tops of her shoes   a school 
   Seventh Day of Trial.

73

" He drew me to him, kissed me, and put me in a carriage and we were driven into the country." "What did he say in the carriage?"

"He told me that he had something to tell me, and he said he was vain enough to think I would be glad to hear it. He said that the children were all grown up now, and that there was no reason why he should not marry; he asked me if I would marry him, and I told him I would."

"Where were you stopping during this stay in Washington ?"

"At 25 Lafayette Square."

"During your few days' stay at this time, was the subject of marriage mentioned?" "Yes, frequently."

"Where dil you go from Washington?"

MARRIAGE WAS MENTIONED.

" I went to New York, where Mr. Breckinridge joined me. The subject of marriage was mentioned during those few days."

"Did he say anything about when the marriage should take place?"

" Yes, he said he had waited fourteen months after the death of his first wife before taking a second wife, and he thought a year would be sufficient to wait for our marriage."

"Did you agree with him?"

"No, I said that more consideration was due his children; that he should wait at least two years." "Was there anything said further?"

"Yes; I said that Mrs. Willard, who keeps a young ladies' school in Berlin, was going back to Europe with her two daughters, and I thought if I went with them I could take a course of study there while the engagement lasted. It would only cost a thousand dollars a year, and it would be better that I should go there."

" Did you receive any note from Mrs. Willard about the trip?"

" Miss Willard, who was stopping at Gray Gables, the sum- 
   76

Pollard vs. Breckinridge.

"When did you see him again?"

" The next morning at the public library, by appointment. He said he wanted to take me to Lexington. We went to Lexington Friday."

"Where did you go after reaching Lexington?"

"To Sarah Gess's."

"What time was it that you arrived in Lexington?" "About dusk."

" How long did you stay there?" "Until Monday morning."

" Who was with you at Sarah Gess's from Friday night until Monday morning?"

"Mr. Breckinridge was there most of the time."

" What did Colonel Breckinridge say to you on the evening of your arrival in Lexington about Mr. Rodes?"

" Nothing."

"What did he say about Mr. Rodes on the following Monday morning? "

" Mr. Breckinridge came to Sarah Gess's terribly frightened. He said that Mr. Rodes had been to Cincinnati and found out that I had gone with him, and that I must catch a train and go to Frankfort, where my mother lived, which I did."

"Who suggested that you leave Cincinnati and go to Sayre Institute ?"

" Mr. Breckinridge."

THE CINCINNATI EXPERIENCE.

Miss Pollard told of going to see a female physician, Dr. Mary Street, in Cincinnati, in 1885, at the direction of Mr. Breckinridge, to make arrangements for the birth of her first child. She gave Dr. Street the name of Mrs. Burgoyne- She took lodgings over a mattress factory, and stayed about a month; then, after moving further up the street and remaining there for awhile, she went to St. Joseph's Asylum at Norwood, where she registered as " Mrs. Burgwynn." Pier baby was born on May 29, 1885, and two weeks later she went to the house of Dra. Perry and Buchanan to recuperate.   Miss Pollard identified thi? 
   7?

Pollard vs. Breckinridge.

Breckinridge. Then Miss Pollard went to St. Ann's Foundling Asylum in Washington, where she used to go out every night to meet Mr. Breckinridge until the Sister in charge objected, when Colonel Breckinridge took her away, saying if he couldn't meet her she couldn't stay here. He took her to a little house in South Washington, occupied by an old woman called "Aunt Mary," and she remained there until her second baby was born, in February, 1888. After her confinement she went to live at a convent 011 Massachusetts avenue, and remained there for two years and six months. During part of this time she was employed in the government service, the rest in studying. She saw the defendant three or four times each week during that period.

After leaving the convent she went to live at Mrs. Fillette's, corner of Thirteenth and L streets; then to No. 1 B street, Northwest; theu to Jefferson Place. Miss Pollard told of other frequent changes in residence while she resided in Washington.

Mr. Carlisle produced the little wicker sewing-work basket, which the late Mrs. Breckinridge had given her sister, Miss Desha, and asked Miss Pollard if she knew it. "Yes," she said. " He brought it to me just after his wife died, saying, ' Madeline, she cared for this, and won't you have it?' I appreciated it very much," with a doleful little voice.

A FALTERING RESPONSE.

"Now, Miss Pollard," said Mr. Carlisle, "what was your condition in May, 1893?"

"I   I wasn't well"   falteringly.

"What was the matter with you?"

"I   I was   was pregnant again."

"By Colonel Breckinridge?"

"Why, of course," this with a sad voice.

"What was the result of that pregnancy?"

"A miscarriage."

"When did it occur? "

"On May 24th, I believe."

"Where?" 
   Eighth Day of Trial.

93

the story of the beginning of the alleged illicit relations with Colonel Breckinridge. When Mr. Butterworth asked her if, when she first went there, she knew the character of the house of Sarah Gess in Lexington, to which Colonel Breckinridge took her, Miss Pollard responded almost in a shriek : "No, sir!   No, sir!   No, sir!"

The trip to Lexington had been made under the pretense, on the part of Colonel Breckinridge, that he wished to look over the school to which

he proposed sending her.

Regarding the deposition of Roselle, who is said to have been Miss Pollard's lover while she was at school, Miss Pollard said, significantly, that statement would not have been made " except for internal revenue."

" What do you mean by that?'; asked Mr. Butterworth.

" You know," was Miss Pollard's response.

"Mr. Butterworth disavowed knowledge upon that point, whereupon Miss Pollard said: " Mr. Roselle is a candidate for a Government office in Mr. Breckinridge's district."

Recurring to the incidents in the house of Sarah Gess, Miss

Pollard said:   " It was during that half hour that I agreed to

give myself, soul and body and life, to that man, and he knows _if

Mr. Butterworth: "Hold on, that is argument," and continuing, he asked:  "You agreed then to give yourself to him?"

Miss Pollard: "I did. I promised, and up to the 17th of May, 1893, I was faithful to him."

" Up to that time your life had been pure?"

"It had."

"You knew Colonel Breckinridge was a married man?" " He told me so."

"You knew he had a wife and children?" "He told me so."

"What relation did you propose to sustain to him in the future?"

"I thought nothing of it. I think under the circumstances people ordinarily do not." 
   98

Pollard vs. Breckinridge.

"Was it in a proper place?" interrupted Mr. Butterworth.

" It was not. It was in a house of assignation on A street. He said to rne, ' Madeline, this is no place for us to talk of these things,' so we went out on the street together. He told me about his children, his prospects and his intentions."

" Did you ever talk of marriage while his wife was alive?"

" Very rarely-"

"But you did talk of it?"

"We did."

Here the Court adjourned, with the cross-examination still unfinished.

NINTH DAY OF THE TRIAE-

An admission of the secret marriage, brought out by an abrupt question.   Madeline Pollard tells her story in detail.   Giving further testimony against Colonel Breckinridge.   Now scornful, now pathetic, until reference to her children brings on a ft of weeping.   Spectators deeply moved.

The closing scenes of the day's proceedings in the Pollard-Breckinridge trial consisted of a succession of tempestuous and sensational incidents from the time the court reconvened after the recess until it adjourned at 3 o'clock, with Miss Pollard weeping for her children, her head bowed on the rail of the witness box. Questions by Major Butterworth, as to her relations with Colonel Breckinridge after his secret marriage brought out words of scorn and accusation against the defendant. He was charged with having maligned his present wife, Mrs. Wing; with swearing love and devotion for Miss Pollard three weeks after the secret marriage, when she was in ignorance of it, and with acting the part of the deceiver in every possible way.

Incidently it came out that a tradgedy was narrowly averted in the Hoffman House in New York, two days after Colonel Breckinridge's first marriage in that city to Mrs. Wing, and while he was occupying communicating rooms in that hotel with Miss Pollard, who was registered as his daughter. Another new 
    
    
    
    
   Ninth Day of the Trial.

107

Butterworth referred to a statement of Miss Pollard that she had read Washington Irving at the school.

"I beg your pardon, Mr. Butterworth," said Miss Pollard, " the letter containing that statement was from New Orleans."

" Were you in New Orleans then ?"

" I was never in New Orleans in my life. Mr. Breckinridge knows perfectly well why those letters were written   they were written to deceive Mr. Rodes. They were sent to my mother while I was in Cincinnati before and after my baby was born, and she mailed them to Mr. Rodes."

" Why did you ask for so much money ? "

" I did it to cover up suspicion. If I had not asked for it he would have wondered how I lived. I did not want the money, for Mr. Breckinridge would have supplied all I needed. Every letter bears the mark of what I say."

" Did you get any money ?"

" Yes, and used it, too. Why should I be obliged to say I did not need it when I had asked for it ? "

"Did Mr. Rodes pay you the $40, and the (several sums you asked for?" asked Major Butterworth.

"I really don't remember, but I presume he did," said Miss Pollard.

To another question Miss Pollard exclaimed that she wrote these letters to cover up her tracks from Rodes at Colonel Breckinridge 3 suggestion. " He knows all those little tricks of deceit," she added. Colonel Breckinridge had not supervised any of these letters, she said, but he told her what to write in the letters dated New Orleans, because she had never been there. The letters, as she had said, had been forwarded to her mother at Towlesboro. Her mother knew she was in Cincinnati, thinking Miss Pollard was employed there. Here Miss Pollard broke in with   

" And I want to say that the main letters written to mamma were dictated by Mr. Breckinridge, taken by him to postal cars, to anywhere to cover up a postmark and deceive her. He sometimes wrote to mamma, and often filled in the notes of the letters to Mr. Rodes."

    
   no

Pollard vs. Breckinridge.

" Did yori ever say you were studying for the stage?"

   2j0   0   i never thought of such a thing. Plain women never think of it; only pretty girls do."

" Miss Pollard, were there never questions raised as to your relations with Col. Breckinridge, and if so, what preparations did you make to offset them ? "

" We made an arrangement by which I was to tell him if any suspicions arose. There were questions asked me which I found it hard to answer."

" Miss Pollard, you said yesterday that your relations with the defendant continued after his marriage? "

"After his secret marriage."

"Did you have any suspicions about that marriage? "

" No; but I knew he had been with Mrs. Wing in New York, and I asked him about it. He answered by telling me that there was nothing between them, and then he maligned her. He spoke of her in language I can not repeat, and that it would be hard for any one to believe, and said that she was engaged to be married to Lieut. Chamberlain, of the army. And this was all after his secret marriage."

" Did you believe there was nothing between Col. Breckinridge and Mrs. Wing ? "

" He told me that she was a very worldly woman, and I certainly became suspicious that he should spend twelve days with a worldly woman."

"Miss Pollard, did not you and Col. Breckinridge have some scenes about this time?"

"Oh, yes," she cried, scornfully. "Life with that man couldn't be ail happiness to everybody."

"Did you go to New York about the time of this marriage?"

"Yes, sir; I went to New York on April 29th last, and saw Col. Breckinridge on May 1st   two days after his marriage."

"Did you register as his daughter at the Hoffman House?"

"Yes, sir, on May 17th."

"Did you threaten to shoot him in his room there?" " Yes, sir."   This reply was made quietly, and in a matter-of-fact tone. 
   Ninth Day of Trial.

"5

Miss Pollard gave more details of her visit to New York and her return.

" On Tuesday he lunched with me at Mrs. Tomas's. I think his face showed that day more of genuine penitence than I ever had seen before or since   to this day   and I really think he had a conscience that day."

A SOLBMN MOMENT.

Miss Pollard's voice dropped to a tender chord as she said this, and the Court-room became absolutely still. Then somebody laughed and broke the spell- "He was a married man then ? " asked Major Butterworth.

" Yes, and very much so now," said Miss Pollard, scornfully, and there was another laugh.

"Didn't Colonel Brec