Los Angeles daily herald., 1889-11-01
TEE WYMAN CASE.
a Letter which Caused His Arrest
By the Police.

when the case OF w. W. Wyman,
charged with sending obscene literature
through the mails, was called for trial in
the United States District Court yester.
day morning, the defendant failed to ap-
pear, and Judge Ross demanded an ex-
PLANTATION. J. Marion Brooks, who ap-
peared for the defendant, stated that his
client was insane, and that physicians
would appear and testify that Wyman
was not in condition to stand his trial.
In support of this statement the attorney
produced a certified copy OF the judg
ment of the Superior Court of San Fran
cisco committing one Alfred Burroughs
to the State Asylum at Napa on March 2,
1882. The Court noticed the discrepancy
in the names, but the sttorney replied
that he would show Wyman and Bur-
roughs to be one and the same man.
Judge Ross said that he understood from
the Marshal that the defendant had been
acting as book-keeper while awaiting
trial in the County Jail, and, as there
was no fixed course of procedure in the
Federal statutes in such case, he would
endesvor to meet the difficulty in the best
way possible. He, however, did not pro-
pose to allow any nonsense about the
matter. At this juncture DIR. Harrison
entered the courtroom and informed the
Court that Wyman was unable to stand
the exertion of walking from the jail, as
he was suffering from chronic heart
disease. His mental condition appeared
to be good and he talked nationally. A
carriage was sent for the conveyance of
the defendant from the Jail by order Of
the Court and in few minutes Wyman
appeared. Judge Ross refused to allow
Attorney Brooks to withdraw from the
case, and stated that if there appeared
reason for the belief that the defendant
was insane, The Court would adopt the
proper course.
The impaneling of jury occupied
until noon, when an adjournment was
made for lunch.
On reconvening at 2 o'clock in the
afternoon, United States District Attor-
ney A. w. Hutton announced his readi-
ness to proceed with the trial, and Miss
Carrie M. Arnold was called to the stand.
She testified that on the 23rd day of
June last she received letter addressed
to her at the residence of her parents in
this city. 1t contained seven sheets of
paper, Of which she read the first two
and the last; but on finding the character
of the contents she turned them over to
her mother. Her father was informed
of the affair, and with him she called
upon Chief OF Police Burns next day.
Among other things, the letter contained
an invitation to the young lady to meet
the writer at the corner of Commercial
and Main streets and accompany him to
the theater. Chief Burns informed
her father that the only way to capture
the man who sent the letter was for the
witness to keep the appointment, and
accompany the fellow to the theater
where officers would arrest him. She
carried out this programme, and was
accosted by Wyman at the place desig-
mated, and went with him to the Los
Angeles theater. where he was arrested.
On cross-examination the witness
stated that she had never seen the de-
PENDANT before and was at a loss 10 &C.
count for his having written to her.
Though she thought she knew who
wrote the letter in question, she was un-
able to state positively that the defend.
ant did 30. Attorney Brooks then asked
the witness whether she was feshier in
June than she was now, but the Court
RIOuplly i;dil6Q ulu W OTu6I.
Mr.. Hutton asked the Court to exclude
the ladies from the courtroom while he
read the letter received by Miss Arnold
to the jury, and this order was made in
spite of Attorney Brooks objection on
the ground that the ladies had already
read it.
Mr.. Arnold, the father of the last wit
ness, was called and identified the letter,
which was then read by Mr.. Hutton. On
cross.examination. the witness stated
that he had not the least idea who wrote
it at the time he first saw it, nor had he
yet.
G. H. Jennings and F. E. Biles, the
two detectives who arrested Wyman at
the theater, were examined, and ex- Chief
Burns detailed the circumstances which
led him to order the arrest. He stated
that after the arrest he saw Wyman in
his Burns )ofice, and showed him the
letter, the handwriting upon the en-
velope of which the defendant acknowl-
edged to be his. Wyman, however, de-
MED that he wrote the letter itself, and
stated that he only backed" it for a
friend. Attorney Brooks moved to
strike out all the witness testimony, on
tie ground that Wyman had made the
statements in response to inducements
held out to him, but the Court overrdled
the motion on learning from ex-Chief
Burns that no reward or inducement was
offered by him to the defendant.
The prosecution rested at this point,
and Attorney Brooks moved the Court
to dismiss the case as there was no evil
dence to show that the defendant either
wrote the letter or mailed it. The
motion was denied, as was also one for a
continuance on the ground that defend
ants attorney was not prepared to pro-
coed with the trial. Before opening
Brooks again offered the judgment of
committal mentioned before, but the
Court withheld it's ruling and ordered
that the trial be proceeded with.
Mrs. Louisa j. Benson testified that
prior to July 1st last she ksp roomiDg-
house at No. 10 Commerc I street, and
that defendant occupiet room II for
three days prior to his crest on June
oath. He always SCENE Co be gentle
man and never ,vinced any
peculiarities. Before 10 came the
room was occupied by tr nsients. There
was sheet of paper surrounded by
cigarette pictures hs .ging on the wall
before he took tb room. He had no
opportunity of rsacing it there. The
night the officeru came to search this
room she remarked u them "That's not
his" when they TOOK it from the wall
and compared it with sc;ne they had ia
their hands. She nevey had seen any
poetry In that goom.
Miss Emma Benson knew the defend