The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1900-02-15

Deputy Prosecuting Attorney Fulton won
an important legal victory yesterday alter
noon in the criminal department Of the
superior court. incident to the trial OF Ar
thur F. Howes. Of Boston. on the charge OF
adultery.
The defense attempted to prevent Mrs.
Addie f. Howes from testifyfng, on the
ground that the law did not permit wife
to give evidence against her husband. IL
this contention bad been sustained tile
state was placed In the position of being
unable to show that Mr. Hcwes had mar
ried the woman who claims him as her
husband. and alleges that he deserted her
about two years ago.
The common law is strict on matters re-
lative to wife giving evidence against her
husband. This precedent has not been
ignored by the lawmakers of this state, yet
notifications have crept in. and by taking
advantage of these and bringing up an
Iowa case. held up as analogous. Mr.. Full
ton won his point and Mrs. Howes was
permitted to testify.
Under the laws Of Washington a wife
cannot testify against her husband, except
In case OF injury of one to the other. An
example OF this is seen every day in the
police court. when the wife swears out
complaint charging her husband with as
sault and battery. She has the right to
appear against him. but forgives at. the
torney Morris established the right Of the
husband to testify against the wife in case
OF robbery, which occurred previous TO the
marriage
Injury 10 Either.
Mr.. Fulton took the position that adul-
terry came clearly under the head OF ''in-
jury" He argued that If such a state Of
affairs not an injury of one by the
other he did not see what constituted an
injury He cited an Iowa case wherein the
same proposition came up. except that the
charge was bigamy The other side con-
tended that the law referred TO physical III
jury, and excluded testimony is cases of a
different character. Judge Benson decid-
ed in favor OF Mr. Fulton thus establishing
an important precedent.
Mrs. Howes Is a modest appearing wo-
man. who shows excellent taste In tine
clothes she wears. She maintained her
composure, but at times with great effort
Once on cross examination when asked
about her interest In the case as prosecu-
tor she remarked with Indignation that she
thought she had right to have some feel
ing after being deserted.
After Mrs Howes' marriage certificate
had been introduced she told the story of
her marriage. II was a rather tedious
story because objections were raised to
every step. In fact the entire trial was
punctured with Interruptions
Dover ". H., was the native town Of
Mrs Howes. Her maiden name was Addle
+. Brown. Her father was Jacob Brown
She said she met Mr.. Howes in Dover about
at St Johns church by Rev. Charles Park
hurst Then they made their home in
Washington. ID. c. They also lived at wey-
mouth. Mass. and Boston.
Introduced ms Mrs. Young.
In answer to questions by Mr. Fulton,
Mrs. Howe said her husband took Rosa
Van Horn to her home. and introduced her
as Mrs. Young. Col. McCutcheon repre-
senting Mr.. Howes. objected TO this strong
iy He said there was nothing to establish
the identity of this other woman. Mrs
Howes said she had lived in Weymouth and
Boston during the past two years and
came to Seattle November 5. 1899 Mr.
Howes met her at Puyalup. and said he
did not think she would come so far TO
see him She said she refused 10 have any
thing to do with him. Thanksgiving morn
ing he telephoned to her, and asked her il
she would like to take dinner at the Butler
She told him he ought TO have thought OF
according TO her story. that he was sorry
and she was also grieyed.
When IL came to REORGANIZATION the
state succeeded in shutting out matters
that the defense was anxious to Introduce
Attorney Reyborn attempted 10 question
Mrs Howes about her husband being ar
rested for her board bill. hut Judge Zen
son excluded the matter. When the court
adjourned Mrs. Howes was still on the
stand.
The state introduced Testimony early in
the afternoon showing that Mr. Howes lfv-
ed with Mrs Howes No 2 at John l.. Coles
where they were known as husband and
wife. The same kind Of evidence was in
troduced as 10 their life at Mrs. Blgg's prt-
vate boarding house. The case will proba-
bly, be finished this afternoon.