Evening journal., 1893-09-19
ALL MILTON FOR NAILOR
The Town in Danger of Burn
ing Down.
BIRD AND BIGGs ANSWER WATSON

Lawyer Bird Says That There Are Not
Enough Men I'm Milton to Put Out
Fire, So Many Have Come Up to VIII
mington to Prove Kim Innocent Of This
charge-NaIior swears He Neither
Wrote Nor Mailed the letter.
The United States Court reconvened
yesterday afternoon at 2 O'CLOCK, aud
the case Of Isaac w. Nailor charged
with sending an obscene letter through
the mails. was continued
James II. Warrington. Ex-Governor
Ponder Or. Hopkins, Frank Wagner and
Detective McVey were called, and identi
fed several receipts as being written by
| Nailor. None of them could positively
identify the letter as being Majors
handwriting. Post Office Inspector Max
well was called by the prosecution and
testified to arresting Nailor
MIR. Biggs made an address to the Jury
In behalf Of the defendant. He said that
the government had made no case and
was willing.to have the case 60 TO the jury
without further evidence, but that he
could produce witnesses TO prove the un-
| questionably good reputation Of the de.
| fendant and show that the case was one
Of unjust persecution.
Isaac W. Nailor was called and denied
all knowledge Of the letter. He had
caused the arrest Of one of Mrs Creamer's
sons in Milton for breaking into his
store and he had been fined 81. O6 by the
magistrate. After the hearing Mrs
Creamer had said to him that she
"would have her day yet. Peter
Virden, Isaac w. Adkins, John B
Dorman. w. B. Tomlinson, ex-Post
muster Manship and w. T. Collins, Of
Milton, testified to Majors good reputa-
tion They could not identify the vile
letter as having been written by him
John O. Wiltbank testified that he
heard Mrs Creamer say to the magistrate
In Milton, Squire, this Is Mr.. Nailar's
day mine will come in the future" The
defense rested here. Mr. Watson wished
TO call witnesses in reply, but the de-
Tense objected, and the court sustained
the objection. Court then adjourned
until this morning.
Arguing Against Nailor.
Argument began on the case this
morning. the district attorney opening
for the government He said: The
object Of the law is TO keep obscene
letters from being sent through the mails.
So far as the violation Of the law Is con.
cerned II is no new case There fare
/ some things In this case which
have been proved and the other
! side admits them. You men have not g
5 doubt but that Mrs. Creamer received
D the letter. ! want to be fair before the
E defendant This letter has caused mt
! much trouble have sat in my Office IL
the dead hour Of the night working
on this case. do not want to do hin
any harm personally. All the witnesse.
were friends Of Mr.. Majors and we had
trouble to get them here. These ie-
ceipts are the living witnesses.
Strong Words for the Defendant.
Mr.. Biges opened for the defense HC
cited points OF law regarding the iudg-
ment Of handwriting, and circumstantis
, evidence. He said:
= "You must be satisfied that he mailed
, the letter OF caused Il TO be mailed, ever
If he did not write it. Il is a question
through Mr. Manship's Testimony
whether the letter was mailed
2 or not, Mr. Watson dwells on the
3 friendship of Mr.. Starkey to Mr. Nailor
, | II he is a friend God help you and
from such friends. Some Of the wit
nesses said that they thought the same
Z hand wrote both When you 60 to con
vict a man you cannot think--you hav,
! | to know Are you going TO convict thil
man on pTesumption2 There was neve
a crime committed without a motive
. aud what motive did Mr.. Nailor have n
}. sending this letter. ! know that yol
will not convict this man.
Mr. Bird then addressed the jury. III
said
"6entlemen Of the jury, you heard M
say to the court that ] was willing q
= leave the case 60 to the jury withou
argument The learned district attorne,
was not willing knoS
e now why be was not willing
g He wanted to fight. The district attor
! ney had an expert bank clerk Of this cit,
examine this letter and yet, he, In hi
s earnestness for fairness, did not call hin
s. before you. He was not fair with th
z witnesses, either. Witnesses have testihe
"a before you that this let er was not Il
=, the handwriting of Mr. Nailor yet the
district attorney did not mention this
We haze the town of Milton here as Mr.
Majors friends and II a fire was Z
break out there now there is no
IN enough men there to carr
buckets to put it out The man VIII
wrote that letter never came TO hi
~ present condition in a day, and his neigi
ID bors say that his reputation has nevt
o been questioned.
At - 80 o'clock Mr.. Watson began hi
ie reply and continued until court az
e journed at o'clock.