The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1893-09-19
FIFTH EDITION.
ARGUING NAILORs CASE.

ARGUING NAlLOR,S CASE.
Attorneys Bird md Riggs Ably Defend
Their CIient-The Judges Charge. This
Afternoon.
When the U. s. Court re.convened
yesterday afternoon, District Attorney
Watson continued to prove the iden-
tity OF the writing OF the obscene
letter with that OF tho defendant. Ex-
Governor Ponder, JAS. II. Warrington,
Frank Hopkins, Frank Wagner and
Bernard MeVey.
They all testified that the writing in
the letter was similar to that OF writ
lngs OF Nailor and held by them. Mr..
Bird objected to McVey producing a
document which he saw Nallor write.
but atterward Withdrew the objection,
postoflice Inspector Maxwell was
called and testified to arresting Nailor.
The prosecution then reeted
Mr.. Biggs addressed the Jury In be-
half OF the defendant. He claimed
the prosecution had not made out Its
case and that he was willing to have
tho case go TO the jury without fur
Their evidence. He would prove by
many witnesses that the case was one
oil unjust persecution and that he was
man OF nnquestionable reputation.
The defence was then begun by the
calling OF the defendant. lie denied
all knowledge OF the letter. He did
not write it nor knew who mailed it.
lie had Mrs. Creamers boy arres ted
for breaking into his place OF business.
While before the Magistrate he heard
Mrs Dreamer remark that she would
get square with him.
EX-postmaster Mansh.p, Peter Viz
den. Isaac W. Adkins, John b. DAMN
| and W f. Collins. OF Milton, all testi-
lied to the excellent character OF the de-
iendant. They had also been familiar
with his handwriting, but the writing
In the letter was not his.
John o. Wiltbank was called and
testified to hearing Mrs. Dreamer say
| that her day would come In the fu-
turep The defence rested. "a.
MIR Watson started to call wit
nesses in reply. Mr.. Bird objected
| and the court sustained it. MIR. Biggs
was ready to lot the case go before the
| jury but Mr. Watson was not. Court
then adjourned until 10 O'Clock this
| morning.
.. THIS MORNINGS SESSION.
When the court recunyened this
| morning District Attorney Watson be-
gan his address to the jury. He stated
that the object Of the Indictment un.
i der which Major was tried is to pro.
tect tho United States mail from be.
ing a carrier OF ewd and lacivious let
ters. The word letter" was only ad.
ded to the indictment few years ago.
| IL Is no new case which has been
| presented against Nailor, There have
been many such cases for violating
the postal laws of the United States.
IL has been proven to you that this
letter did pass through the post Office
at Milton in due course OF mail.
Somebody sent Il al letter through
the United States mail, and now let's
sec who sent It, 1t lie immaterial
whether the sender saw that letter be.
fore sending, but the act of sending
makes him guilty. / want to do Jus
tice to this man. ] do not want to
convict any innocent man of any
charge. | did not want to convict the
man on tho testimony OF any OF his
enemies. On the other hand / have
brought his friends here. have not
| brought the chse on any prejudice on
my part. but believe he has violated
the law, and therefore was compelled
| to do IL. This letter has caused me
much trouble In working up the case.
wEIGnIAa MIR. PoNpEE's TESTIMONY.
Take Mr., Ponder's testimony. Il
was that whoever wrote that agree.
ment wrote that anonymous letter.
1t was without equivocation or men,
tai reservation that no testified. What
did Mr.. Starkey say? He is a friend
OF the defendant. That man does moi
want to do an Injustice to his friend.
These men did not come before this
court willingly to testify against their
friend. but did SO after the order Of
this court had been placed upon them.
They would not dare TO remain away
from this court
myself am compelled to push this
case. II | believed him innocent
would at once enter nolle PROSE-, but
| cannot believe SO.
MIR BIGds BEGINS. .
| Mr.. Eggs in opening his argument
stated thut lie only wanted to call the
courts attention to an abstract of law
which read that the proving OF hand
writing In any case was unsatlsfao
tory, weak and decrspit. Then as to
the value and strength OF circum-
siantlal evidence. This is Il case built
Oil such evidence.
JontinuinR, lie said the defendant
is accused OF very serious crime. 1t
is case TINT you must be satisfied
conelustNely that he is guilty before
you can render c verdict. II Is mere.
ly the presumption that this man
wrote and mailed this letter, but you
cannot render verdict upon presump
ton We contend that he did moi
write 1t, did not mail 1t uor had 1t
mailed lie is being tried for mailing
this letter. Now has there been one
syllable of evidence to show that he
mailed 1t. / say emphatically no.
IL has been proven that the letter
came through the postoilice at Milton
but has there been any testimony thai
the defendant wrote II?
Because witnesses think the writ
ings were of ono man arc you going
to convict this delendantl No! you
would not convict n man simply be-
cause you thought 30.
There has to DO u motive In every
mans heart tefore he could commit
any crime. Now what motive has
this defendant concerning that
young girl for writing such letter.
MR. BIRDS TALK.
Mr.. BIggs finished at IL o'clock and
Mr.. Bird began. He could not say
anything further to impress upon
! was not going to say anything but
leave this Case to you. but when
heard the learned District Attorney
talk this morning. | am compelled Ia
stand before you.
Why did they not burn that letter az,
soon as received instead of handling it
to State detective and therefore
Illhb iUOL young BlIl mo pTOI1llollpS
Talk about the fairness with which the
learned prosecution Is trying this case.
Why didn't lis call some handwriting
expert into this case? After we sug-
gested this to him and when we had
10th closed our case then 1t was TINT
he wanted TO call the expert.
Witnesses lave told to you that the
writing was not OF NailOr. Then Ia
that fairness for you to convict this
In Nxytt
nesses have not positively stated that
the writing was by Nallor? MOI Would
u nun who has borne an unquestiona-
BILE character for forty years on the