The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-06-14
ELKINGTON'S VICISSITUDES.
CONFRONTED BY A RBD-FICED PER-
SON IRON Bin MINGHAM
Mrs. Tikiueton Removed TO n Jury Room
white the so-Caiied Cnptain Makes n Con-
fcssiOn-And he IL Returned TO the JaIL


Mrs. Tikipetcn Removed TO n Jury Room,
while the so-Cniied Cnptain Makes n Con-
fcssion-And he IL Returned Go the Jau
Frank ELLINGTON, so-calcd captain IN the
Ninety-nrst Regiment OF her Majestys Foot.
went from Ludlow Street Jail Yesterday to the
Marine Court to testify before Judge Goeup and
a jury in answer to Daniel Mulens charge Of
fraud and trckery Elkington's wife. formerly
Ella Miles. a ncat little woman, dressed in plain
black. sat beside him.
Mr.. Mullen's suit s to recover $3.50 from Fix
ington. IIo is retired grocer. with spare
money. which he uscs in occasional specula-
tons. He FIRST came into contact with Ellington
through an advertisement. in which person
signing himself Tiptoe' said that no had
jewery in pawn which might be redeemed ad-
vantaGeously He wrots to tho address thero
Indicated. and Ellington called on him. Tho
result Of their interview and Of subsequent ne
gotiatons was that Mullen advAn' ed money to
redeem jrwory in pawn at Simpsons. and
other articles pledged with John McDuG Of
Blocker street. paving out about 81 900.
Mr.. Mullen was tho first witness. He Is nm
understood. nervous old man. and yesterday no
wore n faded coat 20 which years had given an
ancient Groenish color lie testified that Elk
ington had imposed upon him from the begin
ming to the end Of their negotiations that he had
palmcd OF a worthless $500 bond upon him as n
United States bonds that he had misrcprcsentcd
the value Of the iewclry redncmed by him:
and he strongly intimntcd that Ekington's ne
gotintinns with him had boon und"raken from
fraud. 81 which M"Dun. the Blocker street
money lrndrr WIS MT wholly ignorant.
Mrs. Walton of CO West Twelfth street testi-
fled that Mrs. Miles aud her daughter Ella.
whom ELLINGTON mnrri,d lived with her; that
lexington. having cnlicd there. took n clock he
longing tO Mrs. Myers that stood on mantel in
the house and pawne1 H. Bong cross-cXnm-
ined. Mrs Walton said that she had come to
court 10 testify only In the interests " Justice"
CounnsIei-nld you suggest to your son to Kill
Wimess-No. sir; I should hope he would not
be- guilty 1T such n contcmpttl c thing.
Mrs. Walton denied that she had helped Mrs
VI l"s In entiring her daughter away from Els
ington after the marriage. hut admitted that the
young woman WIS w her house while awny
there and asked Tor his wife. Which wifrf"
askrd Mrs. Walton. He replied. My wife
Il told him" continued tho witness. that he
could not see her. Then he nut his cane through
the door. and slammed the door against u and
tia nm II he did not 40 away Ia scald him.
A Mr.. Normnndo testified that he had sold
r"volYrs 20 lexington to The amount ~ $3.50.
| for which be tnok "A note payable in thirty days
! 81 McDun's advice. When the note Toll due
! ELLINGTON called and left another note for il
made 10y one Butter. whom hc called horse
llt;ir larger that that II tho rst and Eising;on
! proposed that NnrmHndo should send him adj
/ dtonal revolvcrs for the difference. Mother
! the second nor the fret lote has since been
! puid. nor has Ir. NOrmando been able TO ilnd
| Buil"r.
The first witness for the defence was Fixing
! ton himself. II" denied some Of the assertions
testified Ia by the witnesses for tho plaintiff,
] ami cndruvored to explain others IN a way con
! slsieut with an AT senrc Of any fraudulent in
/ tent on bus mart. tie said that he WIS born In
/ Is rulinghum. England and came 20 New York
Niucty-Nrst Regiment ot her M1lesiys Foot;
/ thnl his father Is wealthy masistrnte ~ Dir
/ mingham; that be WIS never married before
/ his marriage e. Ella Miles.
/ M'Dun tho Bl.sekcr street money lender.
! and other witnesses testified in behalf 90 Elk
J ington. Then % stir WIS PRODUCED IN court by
| the appearance NJ "A mysterious rod faced man
| H. said. W IA stron.. 20 kney accent:
| " Hiil tell YOU 'ow comr ERE. HIVE only
| dropped IN lust bout Of curiosity. you know"
Couns"l-Whats your name and where do
wtncss-My name is George Smith. and hi
come from Birmlnghqm. Hi'ye come into
| kington and hi wanted 10 see-just curiosity.
| Xou knoy-ii he was the HelkinGton l knew In
G9unsel-And is he'
| Witnsss-i's. sir. no is. He belonged to the
family. His father is a magistrate there. and
kind 81 'igh hnilin IN the church
| Counse-ls Crpt. III IL .ngtQn-this Defendant
| q married man. and has he a wife living IN
Witness-Yes sir: he ne.
There was stir IN court. lexington flushed.
and his wife looked appoalingly at him.
The witness WAS cross-exan ned:
| " What Is your business sirY"
" IL am hin the boot and shoe trade-a com
| mcrcial traveller. HI am 'crc IN this country
about ten weeks. come ere for my 'ealth. sir.
! got 'rysipel,s. and that's what makes my face
| look so red. but Hi never drink. sir"
" For whom do YOU travelY'
| 49, HI don't think il necessary to say that sir.
III don't want 20 be mixed up In this case at all.
| III only lust dropped IN ere out OF curiosity,
| you know"
i want to know for whom you travel. sir?"
| The witness refused Co say. neither would he
| tell WHERE he Is now boarding although he said
| IL WIS somewhere ON Jersey city Heights lie
| WIS tlen examined further IN regard To Elking-
| tone marriage in England. and admitted that
| p" was not present at the wedding. nor did he
| know anything about IL; he WAS only aware
| that ElkinEton had lived there with woman.
| to whom he WIS understood to be married.
After this witness had testified there was n
| his counsel, which resulted in an order TO have
| Mrs. Ellington removed from the room. She
WIS led 10 u Jury room and the door WAS closed
| on her Then lexington took the witness chair
| had br,.n living with n woman at u place called
| The Cottage" but that he lad not becn mar
| ried 10 her, that bis only lawfully welded wifo
| Wis the one now in court with him.
| Judge Goepp directed verdict in favor Of
| Mullen Tor part OF the jcwelry involved IN tho.
suit. but lett II T. tho Jury 70 fix lis vnlue. They
| SPEEDILY brought in a verdict for $3.50.
| On hearing TIA" verdict A. II. ReHvv Fixing
| toms lawyer. said something that indicated "a
| suspicion Of tho Jurors. This aroused the in
| disnation Of the whole iury and s,,veral OF them
| expressed their feelings freely. One said TINT
| the side remarks Of Eikington's lawyer during
| the trial had not helped the client much, and
| another sai'l that in his opinion there had been
sharp practicr ON the part OF the lawyer AS well
| uS of the client.
Judge Gospp brought the curious scene to n
| close hy saying that the defendant had enjoyed
street.