Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-12-23
MRS. MARTIN FIGHTS
Writ Of Habeas Corpus to Be
Sworn Out Today.
TEST OF CASE AGAINST HER
Two Indictments Returned in Bath
Tub Mystery.
THREE SISTERS ARE ACCUSED
Dead Woman's Letter to Husband
Stopped-Evidence of Plot to
Keep Them Apart.


Keep Them Apart.
NEW YORK December 2S.-Althougn
Mrs. Caroline B. Martin, mother Of Ocey
Snead. has been indicted with her two
sisters for the murder of the East Orange
bathtub victim, the New Jersey author
tiles have not yet obtained possession Of
Mrs. Martins person.
She is determined not to be taken from
New York state without a fight. Today
her attorney. Col. Robert j. HARE, an
nounced that he would at once take steps
for bringing habeas corpus proceedings
to. test the strength Of the case against
his client.
Some evidence presented to the grand
jury in support Of the charge that a plot
existed against Mrs. Ocey Snead became
known today. An important point was
made in the presentation OF documentary
and other evidence to show that letters
written by Mrs Snead to her absent hus-
band, Fletcher Snead. were unmailed, and
that his letters to her were intercepted.
Meanwhile, 1t was alleged. the woman
was told that her husband was dead and
that she had nothing to live for.
Two indictments Drawn.
turned by the grand jury at Newark yes
terday afternoon against Mrs. Caroline
B. Martin. mother. and Mrs. Mary Snead
and Miss Virginia Wardlaw, aunts of the
bathtub victim.
Prosecutor Wilbur A. Mott that any or
all of the women can be tried for murder.
Each can be tried as a principal, with
the others as accessories. or II the state
oh Tn Omit hot
mitted suicide, it can try any or all OF
the women for murder in having aided
and abetted her in self-destruction.
Mr. Mott explained the bills this way:
1.-The first indictment charges that Ocey
Snead killed herself and that the three
women are accessories before the fact.
This means that they are alleged to have
aided. counseled and abetted her in self
murder.
Virtually Six Indictments.
1.-THE second Indictment contains sew
eral counts. Mrs. Martin, Mrs. Snead
and Miss Wardlaw are charged with MUIR
der in our statutory form. Other counts
charge that each of the women murdered
Ocey Snead and that the others aided
and batted. In BRIEF there are virtually
in the two bills six indictments, two
against each woman"
Mr.. Mott said mo additional indictments
II would be found.
A copy Of one indictment will be pre-
scented before Magistrate Cornell when
Mrs. Martin and Mrs Snead are arraign-
cd in the Tombs court tomorrow morning.
The women will then be committed to Jail
for thirty days or until the arrival Of ex-
tradition papers, which are expected by
next Monday.
II Mr.. Mott said he had not determined
which indictment to try or whether to try
i the women separately or together. but adj
II mitted he was inclined toward the latter
Il method.
| Mrs. Martin will begin her fight against
extradition today. Her lawyer said that
a writ Of habeas corpus would be sued out
and q copy served tomorrow on the keep
er of the Tombs. The Jersey authorities
4 will then have to prove that Mrs. Martin
within reasonable time previous to the
date Of the alleged murder. was within
the Jurisdiction of the New Jersey courts
THAT will be easy to PROVE" Mr.. Mott
said.
Franklin w. Fort, counsel for Mrs.
Snead, was not in his Newark office
| yesterday. 1t was said that he had left
for the south to interview friends of the
Wardlaw and Snead families, preparatory
to the defense of the women.
Hours and hours of coaxing on the part
of Mrs. Martin have failed to induce her
sister to fight extradition. At the Tombs
! yesterday Mrs. Snead said she was ready
to go to Jersey at any time.
Breach Between Sisters Widens.
The breach between the two sisters
and their respective counsel has grown
daily. Attorney Hare said yesterday
Mr., Fort had declared Mrs. Martin in
sane to shift all the responsibility on his
client and free Mrs. Snead and Miss
| Wardlaw.
Mrs. Martin told Mr. Haire yesterday
that only once did a member Of her fam
lily threaten to have her committed to an
institution. Mrs. Martin and her sisters
furnished funds for the education of j.
i B. w. Snead. When the young man was
graduated he refused to reimburse them
she said.
II threatened to sue him." Mrs. Mar
tin told Mr.. Haire. land he declared
that if brought him into court he would
charge me with being insane and have
me committed to an institution. The
threat was childish"
! Facts that have come to light reveal
strong reasons why Mr.. Fort Withdrew
| as counsel for Mrs. Martin. They showed
| in a measure the source of the difference
between Mrs. Martin and her sisters.
Mr. Fort Is quoted as having said that
scores Of letters from people IN the south
money will be furnished only upon guar
| antee that none of it shall be used in the
/ defense of Mrs. Martin. These ofers OF
assistance came in response to circular
| letter sent by Mr.. Fort to southern
| friends OF the women
statement Dy Expert AAnoAcy'
William ]. Kinsley, the handwriting ex-
i pert, denies that he has pronounced the
suicide note genuine.
II told the grand jury Of my findings
| Tuesday, and have made no statements
outside Of the Jury room." he said. Il did
say that during my wide experience
/ didn't remember an instance where
suicide had written countless notes OF the
same general tenor addressed to the pub
lie as this one no doubt was.
1.-TWO differences might have been drawn
from this statement. 1t might have
meant that the multiplicity of notes in
dicated a forgery or that Ocey Snead
actually wrote the note. l meant
neither.
.-rhe grand jury and Prosecutor Mott
know my findings and no one else.
Anyway the question OF whether the note
was genuine or a forgery does not enter
| significantly into the case now. This
last statement is authoritative, too"
More than fifty suicide" notes< were