The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1896-03-17
that QUEER LETTER
Indictment Against DR..
James Wilkinson. of Jer-
sey City, Dismissed.
EX-SENATOR DRlSKERH0FF's ARGUMENT
Judge Green Sustains the Demurrer
First Blood in the Sensa-
tional Everett Case.

The Indictment found by the United
States Grand Jury against DIR. James
Wilkinson. of Bergen avenue. this city.
few weeks ago. for depositing in the
United States mails an alleged defamatory
letter. was discussed yesterday afternoon
in the United States District Court for
the District of New Jersey by Judge
Green.
Not long ago everybody in the city
Was surprised to hear that DR.. John
Everett, practising physician living on
Bergen avenue. had appeared before the
jury in Trenton and charged Dr. Wilkin-
son with sending an extraordinary letter
to druggist on Jackson avenue respecting
the habits of DIR. Everett which the lat
ter regarded as a reflection on his char
aefer. The letter was the outcome of
bitter feeling between the two doctors,
but all who knew DR.. Wilkinson realized
that the letter was penned by him dur
ing an attack of nervous prostration, and
they said he was certainly not responsible
for it. He had been in i'll health for years
and was Obliged to give up his regular
practice. An additional proof of the
writer's responsibility was the fact that
the letter was a curiosity in bad gram
mar and worse composition DR.. VIII
H. -
Immediately DIR. Everett learned of
the receipt of the letter by s'some damned
good natured friend" as Sir Peter Teazlc
would say. ne rushed up to the Court
House, laid his case before the Hudson
county Grand Jury, and demanded the
ooclor's blood. But the gentlemen of
That jury, carefully Weighing the sur
rounding facts. differed from the angry
Dr. Everett. and they refused to .indict
lie tried the next Grand Jury with similar
result. and finally it. occurred to him to
nm to try the United States Grand Jury
on the Federal charge of unlawfully using
the mails That scheme worked An
.Ja,i me was found. and DR. Wilkinson
Then Senator William Brinkerhoff
counsel saI. for Pr. Wilkinson. took
etrs game by filing de-
murrer to the Indictment The argument
on on mat demurrer came up Yesterday. OPP
: posed to ex-senator Brinkerhoff was Dis
& r1ct Attorney j. Kearney Rice
Senator Brinkerhoff's demurrer gene
Tsliy was that the Indictment was de-
Iective because the alleged offense did
not fall within the meaning Of the stat
ute In detail, he carefully analyzed the
m5anllng sa'Sl OF the words of the statute and
IeIIer contained in a sealed envelope is
nos subject of Indictment under the
us. lss SECTION T. OF the Postal act as amended
Secondly submit. your Honor. con.
tinued Mr.. Brfnkerhoffs that letters 5f
an obscene. leHd or lesciui6tis harae eter
only are within the inhibition OF Section
OF the act as amended September 81
lsSS, and the letter set forth in the in,
dictment is simply a hbellous letter for
the purpose of this case only. The libel
ious act We admit for the sake of argi-
ment only"
The third point made was that the
words "or other publications of an inde-
cent cnaracter as appear in Section 2
OF the act, were not intended to include
herewith sealed letters of any character.
Mr. Brinkerhoff's next broadside at the
IN the indictment was a privileged COM
munication SO far as concerns the Postal
act in-question.
Lastly. I contend,' said Senator Brin-
kerhoff in closing ''tliat the indictment
IS defective in charging the defendant
ing an Indecent letter. 2
All these points, ably reasoned by Dr.
Wlikmsons counsel, We're backed up
with authorities which pulverized the
governments case completely
Tne District Attorney made a bluff at
replying, but it was SO harmless that
Judge Green said abruptly
Eacn point raised against the fndict-
ment by the learned counsel has been
well taken. and it is ordered that the de-
is DISMISSED
Senator Brinkerhoff has won, therefore,
the first and most important battle for
his Client The next engagement takes
place in the Circuit Court where DR.. !
Everett has brought q suit claiming
will be tried next term of court. DIR.
1syerettss professional career will come
under the cathode rays manipulated by
his. senemy's counsel.