Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1894-03-29
P0srAL LAWS VIOLArIoN.
william G. Kitchens Held for Trial on a
Serious Accusation.

SERIOUS Accusations
William q. Kitchens, who was ar
rested Tuesday on the charge of caus-
ing to be deposited In the United States
mails lewd, lascivious and indecent
letter, was arraigned before United
States Commissioner S. Redmond
Smith. The accused had previously
entered plea Of not guilty. United
States District Attorney Beniah Wat
son conducted the prosecution and
Peter l.. Cooper, Jr., represented the
defendant.
Mrs. Anna Kitchens, the accused's
wife, was the prosecuting witness. She
testified substantially as follows: She
resides near Lewes and was there last
December. She was married December
Sd, 1890. She has no family. Her
maiden name was Annie Holland. Last
December her husband was at Brockton,
Ala. He went there, the first time after
their marriage, in 1891 and she went 10
him. He next went there in April last.
While he was there she received letters
from him. Some were addressed Miss
Annie Holland and some Mrs. Auna
Kitchens and some were delivered to
her at Lewes and some at Milford. She
and her husband parted good friends
last April. She did not object to some
of the letters.
One letter, which she said was OBJ
scene, was offered in evidence. She de-
declared its handwriting was her hus-
bands. The district attorney asked her
whether she had been q good and faith
full wife. Mr.. Cooper objected. While
the objection was being made the wit.
ness answered the question in the afflr-
NATIVE.
In reply to Mr.. Cooper's questioning
Mrs. Kitchens stated that she had re-
sided in Alabama two weeks. She re-
turned previous to Christmas in 1893.
She said the address on the envelope in
which the letter in question had been
mailed was not in her husbands hand
writing.
MIR. Cooper said he would not offer
any evidence before the commissioner
He asked that the case be dismissed for
the following reasons: First, the only
testimony was that of the wife, who
evidently was actuated by spite OF
malice, or something which made her
very bitter towards her husband.
Second, the district attorney had moi
presented such case as would warrant
the holding of the defendant for trial.
The district attorney had only put in
evidence letter. There was no eyi.
dence that the husband had deposited
that letter or caused it to be deposited
The district attorney had not proved the
| postotiice mark on the envelope. The
prosecution admitted that the envelope
was not addressed in the handwriting
| of the husband.
Mr.. Watson claimed that the case had
been proved prima facie. He had
proved that the envelope contained the
letter written by the husband. The
envelope bore the postmark of Brock,
ton. No matter where the letter was
mailed 1t had to be put in the United
States mails before itcouldreach Lewes
The very moment it crossed this juris-
diction it became an offence. 1t fol.
lowed as matter of course that the
defendant mailed it or caused it to be
mailed. He didn't care whether the
defendant mailed it or caused it TO be
mailed; it was in his possession and he
got rid of 1t. When the proper time
came there would be present man tc
prove that the letter had been mailed al
Brockton, or had been put in the United
States mails. Ii the wife was as bad Q
woman as ever trod the streets, the hus.
band was not justified in sending Tile
letter. He took the ground that Hitch
ems could be indicted In Alabama OF il
Delaware.
Mr., Cooper differed with Mr.. Watson
on the question of whether man coulo
be held here for mailing or causing 0
letter to be mailed in Alabama. Lie
thought the case, if it was to be tried
would have to be removed 10 Alabama
Iu all likelihood the defendant would
have to be transported, witnesses would
have to be sent there and the costs
amounting probably to 81 900 or 81, 900
would be saddled on the defendant
There was no evidence that Kitchen.
was in Alabama. II would be absurC
for a man who could write to ge
another to address his letter. What thinl
you, he asked, of the probability of {
man who had been married two year
having letter addressed to his wife II
her maiden name?
MIR. Watson commended that II Mr.
Cooper's presumption were true all {
man would have to do would be tC
write violent letter and get somebody
TO mail il.
| Commissioner Smith said the hand
writing of the letter had been very
clearly proved but the proof the mail.
ing was signally weak. The fact tina
the letter had reached Lewes through
the mails and had been delivered to thu
woman was sufficient to hold the maj
In bail. At the final trial stronger evi
dence would be required. There nigh
he circumstances which would induce
thedistrict attorney to look with leniency
upon the case, but inquiries about tina
could be made later. ~
Kitchens was held In tho sum of $500
to answer at the next term of the United
Statas disIrint cnnrt Boil .nnr fnnni ID