The New York herald., 1879-03-05
CAPTAIN ELKINGTON'S DILEMMA.
MIRTH AND MELANCHOLY IN A STATEN ISLAND


POLICE coURT-sTILL IN PRISON.
The great mother-in-law case, which has aeitatod
Staten Island for some weeks again brought into
the local Court yesterday. Captain" Frank Elking-
ton 'of the British Army" being brought from the
Richmond County Jail to stapleton. for examination
before Justice Garrett. charge of perjury. pre-
ferred by his wfes mother. Mrs. Miles. 1t is safe to
say that petty and absurd case ever made
more stir in civilized community, and the little
court room crowded to overhowing with the
spectators and the actors in this domestic tragico-
farce. Captain" ELLINGTON himself was in charge
Of deputy sheriff. and bore in his appearance no
evidence of the three days incarceration he
had already endured. His clothing was that
of ''howling SWELL, and his 1ewery
was resplendent. while his manner was easy and
unconstraned. His wife was not present. although
she had been subpGnaed. and it was understood.
though not officially stated that her health was such
to make her apprehensive of results if she should
venture abroad just now. Her mother. Mrs. Miles;
her sister, Miss Miles; her mothers andlady. Mrs.
Walton her mothers landady's son, Master Wal
ton. and her mothers landladys sons friend. lad
called George. all present however. and no one
found occasion to regret her absence.
JUSTICE AROUSED.
Before the formal opening OF the Court the ladies,
by Justice CARROTS permission, visited adjoining
room in the house which the Justice a resi-.
dence and court house. Mr.. Ketcham, the prison.
ers counsel, and the Justice himself accompanied
them. but presently the Justice EMERGED again, his
face blazing with amusement
."rhey re hard at it," he said confdentially. to
HERALD reporter. "Mrs Walton says that His Royal
Hishness (meaning the prisoner) is a---, and
Mrs. Miles says he ruined her daughter. and Mr.
Ketcham he says. WELL now, your daughter. and
Mrs. Walton turns on HIM and says what have you
got to do with it! Then got out 1t is circus
sure enough, but don't want any OF it,.
Presently the party came into the court room. and
the proceedings began. Supervisor Frean appeared
counsel for the prosecution. and Mr. Ketcham APP
peared for the prisoner. Mr.. Frean proceeded with
all due gravity to establish his of perjury against
the Captain" First he proved by the record with
out difficulty that the Captain had had his mother
in-law arrested charge of abducting Mrs. Elking
ton from his house. and that he had sworn in this
that Mrs and Miss Miles had visited his house
in his absence and had accomplished this fell work.
Then Mrs. Miles and her daughter, and her landlady
and her landlady's son and her landiady's sons
friend whom she reckons by the dozens, and her
aunts called after another to prove the fal
sity of the affidavit.
Mr. Miles said she had visited her daughter Mrs.
company Of her own free will. There force.
coaxing, no inveigling no threatening used Ger
tainly there was dirk used. Mrs. ELLINGTON WAS
only too glad to get away from man she des pissed.
Well. perhaps she might have thought great deal of
him at one time. but that was a delusion witness
was sure.
Miss Miles and Mrs. Walton corroborated this tes-
timony, with many picturesque particulars, which
are left out for want of space Then Master Walton
called He had been consulting soto roce
with his mother and the others, and he he
startled every by saying, ~ don't care; I'm here
to tell the truth and I'm going to do it,
Judge Garrett was especially staggered: Evi.
IDENTIFY he unused to such language for he
pounded vigorously on his desk and shouted
'.Order," whereupon the youth was sworn decor
ously He testified that Mrs ELLINGTON said that she
loved her husband. Further than this he knew
nothing OF the case His friend George corrobor-
ated this exactly, and the prosecution rested.
Captain ELLINGTON then took the stand. ''Oh! the
wretch" said Mrs. Walton, audibly, and Mrs. Miles
and Miss Miles reiterated the sentiment in similar
language OF laughter followed which the ladies
heartily, however Judge Garrett raped for order
and the Captain was sworn. He testified that he had
made the affidavit in question. on information and
belief. He had been told by the neighbors OF what
happened in his house. and he had been told by de-
tective in New York that Mrs. Miles had purchased
tickets for England.
"Who was the detectiveP' asked Mr.. Frean.
II don't know"
"Where are the neighbors?"
''They are not here
"Why did you not get writ Of habeas corpcs and
recover your wife in the proper way?"
Mr.. Ketcham requested to be sworn in reply to
this, and testified that hc, Captain Eikington
counsel had tried to procure such writ. add had
prepared petition (which he produced) but had
been unable to fnd judge TO grant 1t.
Mr. Frean examined the petition and found it was
unsworn. He then summed up ut great length.
Mr. Ketcham followed with another long speech aud
the Justice put on his most judicial air.
'The prisoner is held in 1000 bail to await the
action OF the Grand Jury, he said. and the gallant
captain forced to acknowledge that none of his
wcalthier friends had arrived in Stapleton and he
was therefore placed again in charge OF the Deputy
Sheriff.
The audience scattered the gaping rustics to stand
around the street corners the ladies to return to
New York together and the Justice the prisoner,
the Deputy Sheriff and the prisoners lawyer to drink
beer in friendly way in favorte saloon hard by.
After short season OF this amusement the Captain
returned to Jail.