The San Francisco call., 1897-01-21

No more disgusting testimony than the ac-
count OF the aged defendant OF what took
place on this and other occasions, disclosing 6
a totally depraved nature, could ever have
been more unblushingly uttered. The con-
duct of the plaintiff was without mitigating
Circumstance, but that OF the defendan also
deserves the severest condemnation. The de-
fendant was at this time man nearly Sc
years of age. He had been married several
times and had grown-up daughters. His then
wife. to whom he had been married about
nine years, was living with him in a residence
a short distance from the Baldwin Hotel His
Illicit relations during the later years OF his
dence of which, in one way or another, crept
into the case, he did not attempt to deny He
has no sense of shame whatever.
In 1898 Miss Ashley went to Boston,
settled with Pope and returned to Cali
fornia where she gave birth to child. of
which, in the Judgment of the court, E. ].
Baldwin is the father.
this way: !
In the face of the foregoing evidence, gath
cred iu the main from the plaintiff herself, is
there any doubt what conclusion. ought 10 be
reached in this case? Was therc any betrayal
of confidence necessary to exist in order to
make out a cause of action for seduction !?
What are the answers sof the plaintiff and what
are the arguments upon which she ella ms TO
be entitled to a Judgment for damages for
seduction? Simply these: That she WAS chaste
for period of seven mont tbs prior to her inter
course with the defendant, and that on who
invites woman to his hotel guarantees her
immunity from evil. How was she supper ted
during those seven months? Who furnished
the means for her to come to California, and
why and Mt whose ins tance did she come here
at all? Let these questions be answered by a
pepusal of the foregoing.
The concluding words of the court are:
1t is difficult to say which of the parties is
the more to blame-the plaintiff for prosecut-
ing this action or the defendant for defend
ing il. 1t foul on both sides wi hout measure.
The defendant must be freed without punish
ment, not because he is innocent but because
the plaintiff is guilty. A final blow, severe
given the unfor tunate plaintiff, and she must
go forth burdened with the offspring which
the defendant, by all the laws of morality but
not OF mankind, is bound to support Let
judgment be entered Tor the defendant.
Notice of appeal has been given the ap-
plication for q new trial, being based on
alleged errors occurring at the trial but
principally it is said, because of The ruling
by the court which denied Miss Ashley
the services of jury IN the case because
of her inability TO pay the fees of the jury
men. The fee bill of 1895 is not clearly
word ed, and it is held by some of the
Judges OF the Superior Court that liti-
CANT is entitled TO the services OF a Jury at
the public expense as much as he is entl-
tied to the services of Judge whose sal
ary is paid by the community at large.
The new fee bill does not make anv dis
tinction in regard to the jurors, and Judge
Slack ruling that the party demanding a
Jury shall advance the fees therefor sub
ject to recovering the money from the op-
posite side as costs if successful in the
suit, is based on the provisions of the
code IN regard to the settlement of cot
b Ills in civil cases. This point has neve r
been passed on by the Supreme Court, and
the decision in regard to it may play an
important part in the future prosecution of
Miss Ashley's suit against Baldwin. ssss.. -