The sun., 1918-09-29
Authenticity Of Love Notes to
Hotel Man Admitted by
Woman's Counsel.
MEANT AS LOYALTY TEST
Lawyers Arguments Bristle
With Attacks on Railway
Official and His Spouse.

Court, hanued down an immediate oeci-
sion this afternoon in the case OF Charles
4. Mellen, petitioner for decree of sep
aratiou from his wife. Katherine l. Ia
M.llen, after hearing the arguments OF
the counsel. .... .. .-....
The court found that Mrs. Meilen had
deserted her husband and that he was
living apart from her for a justlhable
cause. An appeal was taken by Mrs.
Mellen's counsel to the Supreme Court Of
Massachusetts,. a, .....
An amazing part of the argument Of
Mrs. Mellens counsel was his admission
that the so-called Kitten" letters were
written by her for the purpose OF testing
Mr.. Mellen's affections. He said that
the letters were to have been placed In
Mr.. Mellen's hands, but that instead the
Intermediary sold the letters and that
Mr.. Mellen bought a gold brick"
Mr.. Warner began by declaring that
the publication Of the Brown letters was
the real motive Of Mr.. Mellen's suit. He
said the reading was staged by Mr. Mel
lens attorney. who had read them with
the skill Of an actor. The plaintiff had
found pleasure and amusement in hear
inr the letters read, while they made
hearts bleed and damaged regulations.
He said It was most significant that Mn
Mellen kept the letters locked in his safe
in Stockbridge during the time there was
A suit for the alienation of Browns az
fsctions pending against Mrs. Mellen.
Calls Mellen vindictive.
Mr.. Mellen had testified that the let
ters had caused bitterness to him. but
Mr. Warner contended that II was this
bitterness and n spirit Of vindictiveness
that had impelled Mellen to begin the
present action. He argued II was sig
nl1cant that when the letters were de-
Nvered in March. 1918, to Mrs. Browns
counsel that few weeks later the pres
ent case had been entered. This man
was trying to brand his own wife and
children by the publication Of the letters.
Mr. Warner argued. for a man Of noble
character would have bought the evil
dence and concealed 1t from the world.
Mr.. Warner said that all through the
letters there was indicated the desire to
aid and comfort Msllen. He referred
especially to the letter by Mrs. Mellen
which tells OF her marriage when she
was q child.
Counsel asserted that the letters did
not show that any Illicit relations had
existed between Brown and Mrs. Mellen.
He referred especially to a letter in
which had been written that she had
fallen and was proud that she had
fallen to Brown. Mr.. Warner said that
the words had q double meaning and
uhat In the best of society one might
ask another with regard to the likelihood
Of interest between q man and
woman: rs It possible she viii fall for
himr' .-4
There was no evidence introduced.
Mr. Warner said. to show that the let
ters ever had bean received by H. Doug
las Brown. or where Mrs. Brown got
the letters she gave to Mr.. Mellen. There
was no evidence that Brown ever had
read the letters and they were incom-
petent evidence.
Continuing. he said Mrs. Mellen de-
sired TO test her husband. Mr.. Mellen
vas absorbed in business, was away
long lengths of time moving about in
cities with such men 10 Diamond Jim"
Brady, and that there had been trouble
between husband and wife. This fric-
ton In the home led her to make test
Of her husbands love. Did he love
her? Could she arouse his jealousy?
To make such a test she singled out a
man like Brown. who was known to
both and had been on pleasant relations
with them. The letters are prepared
and put into the hands Of The Blonde "
She is to telephone to Mr.. Mellen and
arrange for the delivery OF the letters.
There the plan falls. The letters in
stead OF being delivered to Mr.. Mellen
are sold
In closing Mr. Warner pilloried Mr..
Meen, likening him to a painting in
the Frederick Wilhelm gallery in Ber-
lin entitled: ambition and Greed and
Love Of Money Crushing Affection"
IAN iron cross Of Potsdam should be
conferred upon such a man." Mr.. War
ner declared
Picture OF Mellen Home.
John W. Grim in summing up said:
Now let US see whether Mrs. Mellen
conceived the idea OF testing the love
and affection Of twenty-odd years with
clerk in hotel In New York by the
standards of the white Light district OF
New York. or whether she had lost her
bearing in 30 far as the sanctity OF her
home was concerned testing his affec-
ion by allowing servants Of her house
70 become demoralixed, the little chill
dren running through the streets with
no one to guide them, with an attempt
10 crush a man with something child
could kill a giant with (Mr. Grim held
up the solid marble darninE egg). while
under the influence OF strong drink: test
ing his affections. I say soiemnly that
requires courage to walk into court
room In the Commonwealth of Massa-
chusetts and offer such hypothesis. as an
explanation Of these letters which speak
with strumpet's tongue" -"
Mr.. Grim painted a picture OF the
Mellen home In Stockbridse with Mrs
Mellen absent the children In Stock
bridge and Mrs. Mellen I'm an apartment
N New York hotel. He added; The
little girls had never accompanied their
mother to New York, never was II their
privilege to go there at Christmas sea-
son and see the things that children love
20 much. The mother was there day
after day. week after wssk. month after
month"
Mr. Grim dwelt on the matter OF Fl.
Douglas Browns coming into Mrs. Mel
lens life
Tells of Neglect OF Home.
She must have started her relations
With this man In 1912. for your Honor
viii recall that In July. 1913. she wrote
mat she was proud that she had FALLEN
Tor Brown" he said. "In those letters
your Honor will see all the gradations
Of woman Jealous, angry, driven by
an irresistible love and affection for that
man to neglect her home.
She takes from her husbands bed
room the story Of his daily toll and tells
brown what is being said. that when
over sixty years OF ago he IL 70 take on
ais coat and work as he never did be-
iore She pitied him. Yes. she pitied
MN as YOU and pity the poor horse or
n. dog that we see In the street. the
standards Of our civilization require
little more OF wife and mother than
NAT sort Of pity.