Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1910-06-17
VIRGINIA WARDLAW
SEEKING LETTERS
IN BATHTUB CRIME
Prisoners Counsel Asks Federal
Judge Cross to Enioin
the State.
CLAIMS CONSTITUTIONAL
RIGHT HAS BEEN VIOLATED
Contends Police Had No Right
to Seize Property-Court
Reserves Decision.

Another effort was made today to
keep out part of the evidence to be pre-
sented against Virginia Wardlaw, the
first of the three sisters to be arrested
in connection with the bathtub murder
mystery of East Orange.
incidentally 1t was learned today
that Miss Virginia Wardlaw and Mrs.
Mary w. Snead have been taken from
the House of Detention to the county
jail. Some time ago, on the plea that
they were being made Ill by Mrs. Mar
tin. who Is said to have a very domi-
mating will, they were taken from the
jail At that time 1t was stated that
Miss Wardlaw was i'll. The order for
their return to the Jail was ma de by
Chief Justice Gummere.
Judge Joseph Cross, of the United
States Circuit Court, heard arguments
presented by Franklin w. Fort, jr.. for
temporary injunction. on constitu-
tional grounds. restraining the use on
the part of the State of the now famous
suicide notes. and other documents
obtained by the detectives.
The bill submitted prays for the re-
straint of any further reading or any
perusal by Prosecutor Wilbur A. Mott,
as an individual, of the papers in Ques-
tion. and particularly prays for the
prevention of the use of the papers as
evidence against Mrs. Wardlaw.
In answer Prosecutor Mott Is brief.
He states simply that he has no
knowledge whether any property of
the complainant is in his possession.
Mr.. Fort, In his argument, claims that
Prosecutor Mott has not denied that
he now has the property.
Mr.. Forts trump card, however, was
his quotation of the fourth amend
ment of the United States constitution,
stating the fundamental property rights
of a citizen and the sanctity of this
property from search and deprivation.
The law as quoted by Mr.. Fort pro-
vides but two cases in which the rights
of an arrested person may be abridged;
first. that the property taken shall be
corpus delectf;" that is. something
used in the crime, such as a revolver;
second, property may be taken from
the person of the prisoner. Complete
denial of the right of the police to
take the property was made.
Former Prosecutor Louis Hood, who
is associated with Prosecutor Mott in
the preparation of the States case
against the three sisters, Miss Ward
law, Mrs. Mary Snead and Mrs. Caro-
line Martin, declared that the bill for
discovery a feature of the temporary
injunction asked by the defense was a
mere Fishing expedition"
In refutation of Mr.. Forts contention
that the police had no right to take
the property in question Mr.. Hood
quoted a recent decision of Justice Cay
nor's, sitting in New York. to the ef-
feet that the police had rights to search
premises for evidence, and to secure
property of the accused for purposes OF
conviction, provided access was gained
in a legal way. The case quoted was
Smith VS.. Jerome.
Judge Cross reserved decision. The
general expectation is that the decision
win be given some time next week.
He insisted that the constitutional
rights of the defendants had not been
overridden: that the section of the Con-
stitution referring to the right of search
was not applicable in criminal cases
and could be invoked only in civil
cases.