Los Angeles daily herald., 1889-12-20
THE sTYGIAN POOLS.
The James and Garrett Gases
Progressing.

The James and Garrett Cases
Progressing.
A decided novelty in legal proceedings
was developed yesterday in the
divorce case being tried before
Judge CLARK wherein Emma W.
James is the plaintiff and George W.
James the defendant. When the case
came up in the afternoon, the attorneys
for the defendant moved non-suit and
the motion was denied. The contention
was raised by the defense that the plain
tiff attempted to introduce an amended
complaint during the progress of the
trial, and that, although that was not
allowed, yet they did introduce matter
under the old complaint which was alto
gether outside of the allegations in the
complaint. which they were not prepared
to meet, for the reason that they had no
notice of the intention of the plain
tiff to introduce such matters. The
Court reminded the attorneys that in all
cases where they interposed objections
to the introduction of such evidence, he
ruled it out, and that whenever any such
Objectionable matter did get before the
Court it was from their not having OBJ
jected to it.
The defense on this ruling refused to
put in any testimony whatever. This
may be no more than one way of saying
the defense has no evidence they care to
put in; or it may be done for the purpose
Of taking an appeal. To layman it
looks like one of the tricks of the law
that is vain. At any rate the Court
decided that the argument must be
made today, on the evidence as it
stands, and then it will decide. 1t does
not make much difference what evidence
was rung in, if cnly the main allega-
tions are true. A learned lawyer and
an experienced Judge is to determine
the matter, not jury unskilled in the
sitting of testimony.
THE GARRETT CASE.
Before Judge Shaw the great Garrett
case was on all day. Most of it was
taken up in the cross.examination of
Josie Corbett. So far az the reporter
could see there was not any material ev-
idence introduced which differs greatly
from that given in the trial last week.
At one point Mr.. Williams entered
into an investigation of Miss Corbett's
visits to the Moro Castle, and particu-
larly to Mr.. Payton's quarters there.
The drift was not quite apparent, and
the Court instructed the attorney to come
to the point, and ask questions direct, if
he had anything to prove. This brought
Major Bell, the colleague of Williams, to
the floor, and he went on to set forth his
theory that this is conspiracy, that
Payton is at the bottom of 1t, and that
his relations with Miss Corbett would
show it. This brought Payton to the
floor to protest against allowing these
statements to be made in the presence Of
the Court, and, some. other words follow
ing, Payton told Bell he would settle the
matter with him out of the court room.
At this juncture the Court took hand
at the bellows, and peace was restored.
Nettie Keyes, or Burne, as she is now
called, followed the Corbett girl. She
told clear, concise and consistent story
about the evidence Garrett is alleged to
have cooked" for her and Miss Corbett.
She then told how II came that after
having this testimony prepared for her
to learn she did not 60 on the stand to
testify for Garrett. This was before the
committing magistrate. Mrs. Burns be-
gan to tell about q letter Garrett wrote te
her while she was ct home near Artesia
and while his examination was in prog
ress. Josie Corbett had "gone back" on
Garrett and told her story in Malia'l
favor.
Mr.. Williams demanded at this point
to know whore the letter was, and Mrs.
Burns made decided sensation by say
| ing she had it in her pocket. This is all
new matter, not introduced in the tris
before Judge Cheney at all. The letter
was produced and passed about. Garret,
read it all very carefully and then Judge
McComas proceeded to read it. It be-
gins: "My own dear Nettie." He ther
goes on to tell her that he had giveI