The times., 1901-06-22
ACQUITTAL FOR MORTIMER
Defendant in the Starring Case to
Sue for False Arrest.
He Claims $4,000 Damages - The
Lnte Piaintin Transfers Her Mass
ncIiusetts Avenue House-The Dia-
mond Robbery Stiu UnexpInined.

|
mond Robbery sim Unexplained.
| Lewis Francis Mortimer. who was
charged with the larceny of 5000 worth
| of diamonds from Mrs. olivia c. Starring
on May last. was acquitted of the charge
yesterday in Criminal Court No. l.
The arguments to the jury were begun
| at II: :i5 "a. m. the opening on behalr OF
the Government being made by District
! Attorney Gould He spoke for half an
hour. aud was followed by a. S. Coiyar
for the defence. Andrew A. Apacomo
/ closed the argument for the defence and
Mr Gould made the final appeal 10 the
| Jury on behalf of tho Government closing
at a:55 p m. Richard =, Evans, Of counsel
for the defence. did not address the jury.
After the charge by Justice Anderson the
/ Jury retired to the consultation room and
| about $50 p M. returned verdict OF
not guilty.
| When this announcement was made Mrs
Mortimer. wife Of the defendant, who was
| iu the ROOM became very much anectcd
and wept as she chung to her husband
! Soon after the announcement of the re-
! suit OF the trial Mrs Mortimer and her
husband left the city Hail together
/ The trial. which was begun on Monday
| last. was the most sensational which has
/ taken place in the District courts Tor
! long time The principal witness for the
| prosecution was Mrs. Starring, from
whom, besides the Jewels. was stolen $3.50
! In money NJ the same time. She was the
first witness called to testify, and, in
cluding her direct testimony, her exami-
nation occupied two days. During the
! argument of counsel for the defendant
Mrs Starring was the subject OF much
| criticism. Her manner and personal ap-
pearance were alike criticised.
| Every hour during the continuance of
/ the trial from the time the court con-
vened on Monday morning last until the
| Jury returned its verdict the court room
4 was filled to its utmost capacity. The
great majority of the spectators were
members of the local bar but every day
! there were also number of women pres
! ent During the cross-eXamination OF
! Mrs. Starring by counsel for the defence
/ she was asked many questions which she
/ showed no eagerness to answer. she ana
/ the counsel for the defendant had many
! sharp passages of words, which greatly
amused the spectators, and at such times
| Justice Anderson. who presided at the
! trial was obliged to call on Crier joyce
! to restore order.
/ Mortimer and Mrs. Starring became ac-
| quainted through personal advertise
ment inserted in a New York newspaper
/ by the former in November last Mrs
/ Starring answered the advertisement ana
/ finally requested Mortimer to come 10
/ washington to see her. This he did and
/ very soon they became constant compan-
! ions. he accompanying her to the theatre
! on bicycle rides, to the circus, and TO prl-
/ vate entertainments. 1t is said he rep
resented himself to her as single man
and even proposed marriage to her She
testified that she rejected this proposal
/ because she did not regard him as her
social equal. But letters which were IN
/ troduced in evidence, however, showed
! that she wrote to him as if one OF her
/ own social standing and addressed MN
: as my dear friend
/ IN the afternoon OF the day on which
Mrs Starring testified she was robbed of
her Jewels and money, she and Mortimer
went bicycle riding. He called for her
at her residence early in the afternoon
and they rode as far as the Zoologlcal
/ Park grounds, which they entered There
they disrnounted from their wheels and
sat for while to rest. While Mrs. starr
1 ing rested Mortimer left her and remain
| ed away for about half an hour on MS
! return he explained his absence by stating
! that he had been searching for PEBBLES
/ along the brook. On their return TO MRS.
Starring's home il was discovered that
she had been robbed. The discovery, II
/ is stated. was made by Mortimer, VINO
called her attention to the fact that the
| secret drawers in her cabinet were opeh'
as was also a window, which It was pam
Ia he seen had been broken open. The
police and detectives were at once not-
fed. Until the detectives arrived Morti-
I
and later during the evening he was ar
rested and charged with the robbery.
When he was searched at Police Head
quarters. in Il small sack, which he had
mined to his undersEirt, there was found
Stg1. consisting of one sl0G bill and four
$50 bills Besides this he had in his poek-
/ ct Sl2n When Mrs. Starring reported
the loss of her money to the police she
stated that it consisted of s., SO and $50
hills and did not claim that there was
800 bin in the money she lost. Later
however. she did claim that there was
a 500 bin among those which had been
stolen from her.
Previous to Mortimer being arragnod
in the Police Court on the charge of steal
ing the diamonds and money, Mrs Starr
ing refused 10 swear out warrant chars-
ing him with the offence and likewise
since then she has refused TO do so. AT
the preliminary hearing Mortimer was
held 10 await the action of the grand jury
and in default OF 5000 bail was com
rnitted TO Jail Through his counsel he
endeavored to secure his release through
a netition for writ Of habeas corpus.
but nj the very hour the question was TO
have come up for hearing the grand jury
returned an indictment against Mortimer
charging him with the larceny of the
diamonds. The jury, however, ignored
the charge Of the theft of the money.
Soon after this the prisoners counsel
appIiod 10 the court for the return Of the
money taken from Mortimer when arrest
ed. The motion was granted by Justice
Anderson and the $l921 was paid over
to Mortimer's counsel
| At the time the robbery was committed
there resided in Mrs Starring's house
Mrs. Nellie Wenbrenner her servant,
Lottie Thompson colored, and Mrs Star
rings own servant, Ernest Tyler, colOred.
On the day and at the time when the
robbery was supposed TO have been COM
fnitted there were visiting Mrs. Wcin-
brenner two friends, Mrs. =. Haley and
Samuel u. Eberly. All these were sum
| moned by the Government, and testified
at the trial. None Of them, however,
knew anything which would cast sus-
pfciOn on Mortimer except Lottte ThOmp-
son. The latter stated that after MoTti-
mer and Mrs. Starring had left the house
and gone as far as the curbstone at the
corner OF Fifteenth Street and Massachu-
setts Avenue, the former returned To the
house and ran upstairs into the dining
ROOM on his way to the studio, whore the
diamonds and money We're secTeted. Very
soon after Mortimer had gone into the
house she testified that she heard a noise