The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-04-16
TOO MANY PETTY CASES
Judge Foster Expresses His
Opinion of the Habit
Of Setting Vast Government
Machinery in Motion
To Crafty Personal Spite, Especially
in the G. Wynne Richmond Case
Richmond Fined So.

At last a Judge of the United States
courts has seen fit to censure the prac-
! tice of over Jealous postoffice inspectors
in setting in motion the pOnderous ma
chinery of federal justice on petty and
Oftentimes doubtful grounds.
In the United States district court
/ late yesterday afternoon Judge Foster
] imposed a fine of IS on G. Wynne
/ Richmond, the preacher arrested last
! November and lodged in the county jail
| in this city on the charge of sending
| obscene matter through the mails
| simply to carry out the letter of the
/ law, and in so disposihg of the case
/ reprimanded United States District At
| tOrney w. @. Perry for bringing the
| prosecution. Richmond was indicted
! by the grand jury yesterday, was ar
/ ralgned in court yesterday afternoon,
! and entered d plea OF guilty in Wr4A1nS
| the two letters mentioned in the charge.
RichmOnd's case was peculiar He is
/ a young man, not yet 80 years of age,
| and was married in Kansas City, Mo,
| on Thanksgiving, 1895. Shortly after
his marriage he had occasion to start
| on a revival tour through Kansas, leaV-
/ ing his wife with relatives in Kansas
| City, and during his absence in this
| state he frequently wrote her, some
! times two and three times a week. They
: were then on the best of terms as hus
! band and WIFE and his letters were af-
fectiOnate in the extreme. Richmond
says my letters were no more than
might be expected of a recently mar
ried man who was anxious to see his
wife,
But the affection between the young
preacher and his wife wore away with
| time and in the fall of 1896 they had
serious quarrel and Richmond left
home and went to Illinois. Angered at
the action of her husband in thus de-
sorting her and thinki<<S of nothing but
revenge, Mrs. Richmond conceived the
idea of making him suffer through the
inStrumentaHty of the letters written
her while absent in Kansas. He in turn
referred them to a United States post
office inspector, and a few days later
Richmond was taken into custody in
Illinois.
He was brought to this city and
placed in the county jail on November
18th, last, and since that time, up to
yesterday afternoon. remained an in
mate of that institution. He was able
to pay his fine of IS yesterday, and
walked out of the court room a free
man.
Richmond was taken to the United
States district court yesterday after
noon along with several government
prisoners, who had been indicted by the
grand jury, and was the last man of
the bunch to be arraigned before Judge
Foster. When called forward before
| the court Richmond stood with bowed
head While the clerk read the indict-
ment returned against him by the
! grand jury. This consisted of two
counts, the first on a letter written his
wife from Louisville. Kan. in March,
1886, and the second a letter written
| from BigelOw, Kan, the following
| month.
Are you guilty or not guilty" asked
Judge Foster as the clerk concluded
! the reading of the bill.
Guilty, your honor" came the reply
from Richmond. He raised his head
for a moment as he entered this plea,
but bowed it again Immediately. Per
! spiration stood out on his forehead and
| his lips quiVered.
Attorney Thomas H. Balm stepped up
| beside Richmond. 4 wish to say
! few words in explanation, your honor"
he said MIR. Richmond has always
acknowledged to having written the
letters mentioned in this Indictment, but
in writing them he did not know that it
was an OffenSe against the postal laws
because he thought the correspondence
/ between husband and wife was prtvi-
! legged. His idea was that it was not an
Offense to write matter of this kind so
long as there was no malice intended,
and the letters show that Mr.. Richmond
and his wife were on the most affec-
tionate terms Mrs. Richmond made no
complaint of the letters until after she
had difficulty with her husband, and
did it then merely to punish him. Since
that time she has brought suit for di-
vOrce. Mr.. Richmond has been confined
in jail in this city since the 18th of last
! November, and has never given the
government authorities any trouble in
any way, and for these reasons hope
your honor will deal with him as leni-
emily as possible"
Judge Foster stroked his beard and
after Mr.. Balm sat down. At last he
said:
IF the facts as stated in this case
are correct, 7 doubt very much if it is a
case that should ever have been prose-
cuted. This mans wife made no COM
plant until after she had difficulty with
her husband, but then she went to work
and set the whole government ma
chinery in motion simply to satisfy her
spite. don't believe this kind of cases
should be prosecuted and this court
doesn't care to be a party to any such
transactions.
United States District Attorney Perry
Redeemed slightly at Judge Fosters re
marks. L don't care to say much
about this case. your honor" said he
rising. THE facts are not exactly as
was stated, but We'll let that go. This
prisoner has never given US any trOu-
BILE, and am perfectly willing that the
court deal leniently with him"
There are other facts in connection
with the relations of Mr.. and Mrs. Rich
mond which cast a bad light on Mr..
Richmond, but these were not urged by
Mrs. Richmond and had no part in the
suit
L will fine the defendant S." said
Judge Foster, at the same time making
a note of the disposition of the case in
his docket.
Richmond handed United States Mar
shall Nicely ten dollar bill and when
he received So in change left the court
room in company with Mr.. Balm.
Richmond says that he will return to
Illinois.
Pugilism at Crawford Opera House.
The pugiIistic exhibition at the Craw-
ford Opera House tomorrow night
promises to be decidedly entertaining.
After the s7a r-Tiuer OK hibitiOn of lack