The times. [volume] (Richmond, Va.) 1890-1903, 1896-03-25
Miss Lena,
care OF I. 3. Willlams.
Twenty-nrst and Marshall.


at $3.50 Il. NJ. on the day before Ofticer
Lamkin was arrested. This was done the
next morning at ~ O'Clock by Deputy
United States Marshal Janney Pleas
ants.
Counsel for the defence in opening
their case, made no attempt TO go into the
evidence of the case, although all the
witnesses needed were on hand, but they
decided to argue the case on tech
nicality, claiming that no United States
statute had been violated by the sending
OF the above letters through 1.-THE mails
on the other hand. the accused, as well
as his friends, had on previ-
Gus occasions denied, in the most
positive terms that The letters had been
written by officer Lamkin: and the lat
ter contendcd that the whole matter was
nothing more than case OF blackmail.
Colonel Lyons, In going into the argu-
ment, after reading out the letters, en-
deavored TO show that none OF them con-
tanned anything obscene, lewd, OF lasciu-
Gus: nor any indication or suggestion
of that sort. Letter No. did not indi-
cate any appointment between two par
ties who had any Illegal relations; nor
would this be inferred by any innuendo or
insinuatOn There, further, was no in
dication Of force, cOnstraint. or any i'm
propriety whatsoever. No suggestion was
made Of any clandestine meeting: but II
was 70 have been meeting on public
street
Letter No. 4. which was written on
the following day, was 1omewhat incoher-
ent. but il did not contain anything OBJ
scene, lewd or lasciUOus. IL might De
argued, however. that hese letters, which
by the way, appear 10 him 10 have Deen
some words which were suggestive, but
they would be so only TO those who were
willing TO accept sugge ti0ns. I'm speak
ing about letter No. s, Colonel Lyons
said that the defendant had always de-
MED. consistently and pcrsistently, and
with INDICATION that he had written the
letters in question. These documents
showed on their face that no offence mad
been committed. and for that reason he
thought the case should be dismissed.
Colonel Lyons here cited authorities to
show that a United States commissioner
had just as much right 10 dismiss a case
for the lack of evidence as United states
court. He dwelt az some length upon
the decision of Commissioner Allen, OF
the Il. S. District Court in New YORK,
where a warrant had been issued upon
the charge of sending prOfane matter
through the United States mail, preferred
bv Anthony ComstOck. An offence could
only be committed. Colonel Lyons said II
a. was shown that the act perpetrated
was Injurious 20 the public morals. The
old saving. "Ita lex scripta est, applied IN
this particular case. IL was necessary
first. 10 prove that there had been an ob-
scene letter and that IL mad been sent
through the United States mail. The
corpus delicti had first 20 be established,
and after it had been proven that an
offence had been committed, then steps
could be taken looking r,Nards the pun
ishing Of the offender. I'm view OF an
this. ne would not hesitate Tor moment
to advise the defendant 10 stdhd on d
motion TO quash or 10 dismlss' anu Il
this motion was denied, 10 carry 'no O"'o
10 the highest court.
CAPT. LASSITER'S REPLY.
Captain I.assiter also quoted decisions,
10 Colonel Lyons, said that the only ques-
tion al issue was in his opinion, III regard
90 tho act of lsSS. as to whether the let
ters in question We're obscene lewd' OF
lascivious. Until he tried his last case
In the United States Court in Alexandra.
he had held similar views as just eXpound-
ed bv counsel on the other side; but since
tbat time he had made the subject his
enecial study. and ne felt now convinced
tbat in order 10 come within the mean
ing of the statute. in order to be obscene
leyvd or lasciVous, IL was not necessary
that filthy words be used. All thal
,ras reouired to be covered by the mean
inc of The statute was that the words
showed a tendency 20 deprave the minds
of those who were open 10 corruption.
Cantaln L.assiter also quoted decisions
and argued therefrOm that the htters
came within the purvew OF the Ia"
lie COMPARED letter No. 3 Win one ieau
bv Colonel Lyons In support OF 'ne id'
tcr's views. and endeavOred 10 demon
s,rate that both covered exactly the same
noints. Warming up 10 his subject MT
LESTER said: What would any OF us
,,,ho has a sister think If she should re-
.oi,.e a letter from a man, unknown or
known TO her. asking that she meet hih'
a., night or day, on the street or else
,.here and promising 10 pay her TOT
that neeting?" Mr.. Lassitef argued that
the letters did have an obscene mean
tr,, for obscene was what was offensive
80 cbastitv and modesty. They did seek
-. ,,,i,,o, about "A clandestine meeting, and
~ formed a sufficient basis for the
,,roeecution. He said the judge VINO pre-
sided over the court held IN the room
whore the hearing was going on han ue-
cided a case exactly similar TO TINS one
and had given an opinion contrary 10
that which the counsel Tor the aeiehce
asked the commissioner TO render
THE MOTION OVERRuLED.
Mr. William Flegenheimer briefly re-
nlied 10 the argument OF the District At
tornev. and also laid special stress upon
tho fact that the accused had always de-
MED. in most positive terms, having peeh
the writer OF the letters in evidence.
The cas-, was then submitted, ana Com
missioner Matthew F. Peasants said;
..,rbe case rests entirely upon the DELI
nition of the word obscene; II the latter
mems offensive to chastity and modesty.
then II brings the case within the mean
i,o, ~ tho statute ! therefore over
r1ile the motion 10 dismiss.
Nfr LYONS replied that the same ques-
.,on would he raised before the court.
anJ his client would. therefore, waive any
further proceedings. The case was theh
.ortiaed IN the grand jury and Onicel
tarkin's bail bond of $1,000 renewed.
with Mr.. T., c. Mayo as security.
The BOARD OF Police Commissioners
originally intended 10 take up again yes
terdav afternoon their part OF the inVes-
tigation. but in view OF the turn when
matters had taken IN the united states
Court. IL was decided 10 postpone the
mailer until IL had finally been disposed
of In the Federal courts
officer Lamkin. who attended the pro-
ceedings before Commissioner Peasants
Yesterday in citizens clothes mad on the
nrevious evening been suspended by the
Roard of Police Commissioners.
Thirteen Bodies Recovered.