The Rathdrum tribune. (Rathdrum, Idaho) 1903-1963, 1906-02-23
SERIOUS CHARGES MADE.
Sensational Afhdavits in Day
Divorce Case.
JUDGE MORGAN IS ACCUSED.
Bad Political Intrigues Alleged
by Afiants.

The Spnkesman-R Of last
Saturday, contains dispatch from
Wallace. telling of some new seusa-
tions which have come to the surface
IN the trial of the Day divorce Case
in the district court there. In part
the article is as follows:
The integrity and farmindedness
of r. r. Morgan, judge of the first
judicial district of Idaho, are chal-
lenged by Mrs. Agnes Loretta Day,
Attorneys Il. c. Robertson Of Spo-
kane, II. =. knight and John Gray
of Wallace. in extremely sensational
atiidavits supporting motion for a
change of venue in the trial of the
celebrated Day divorce case filed in
the district court this afternoon.
The burden of the instruments is the
alleged personal, social and political
friendship existing between Judge
Morgan and C. w. Beale of Wallace,
chief counsel for Eugene r.. Day, de-
fendant in the original divorce action.
| Day is one Of the owners of the
famous Hercules mine, and his for
! tune is estimated at 81 100000.
Mrs. Day afflrms she has ''good
reason to believe no fair trial of the
case can be had before Judge Morgan.
She swears that Day has employed a
"large force of detectives, both male
and female" for the purpose Of cir
culating slander against her, and
building up "perjured case" against
her.
She says the detectives offered
money for affidavits tending to be-
smirch the integrity and good charac-
ter of affiant, and that they and
others under G. w. Beale brought
the defamatory charges to the atten.
tion of Judge Morgan in advance OF
the trial, for which reason she be
lieves the court has formed and ex-
pressed an unfavorable opinion in
regard to the merits of the case.
| Day, says she, told her previously
that Reale had ''great stand in
, with the Judge; that Beale Informed
Day he could go to San Francisco Il
, he wanted to and she would be COM
, PEELED to follow him or he would ge'
, a divorce, hut If he elected to remair
! here Morgan would try the case ant
defendant could control the cour
9 through Beale, and plaintiff "coult
not get cent"
e For additional grounds for chang
n of venue, she says that to prove tn
representations made in pursuance q
her conspiracy charge, as set forth Il
,. her answer, which ''were part OF
% prearranged plan of scandal and false
F., hood designed TO be used by defend
= ant and Beale, Judge Morgan mus
). be subpenaed as a witness, as HI
IS testimony is important. Then, q
II the conspiracy charges directly In
pllcate Beale, the latter's integrit
:" will be passed upon by the trial judg
Dr. Robertson makes oath that c. v
/. Beale, "by means unbecoming Law
RI yer or a gentleman" has sought
1t discredit the professional reputatiC
X and standing of affiant before Il
oi Idaho courts by causing certain fal
~ and defamatory matters to be charge
ID in Days cross complaint. In answ
e- to that instrument, AYERS he, irr
S fraglhle evidence tending to prove
va her (Mrs. Days allegations in answ
to the cross complaint" will be pl
duced. NJ
of L. X. Church, Day detecti,
a., Robertson declares, was epdeavori
d in Spokane, to procure persons
of testify to defamatory matter tn
etc would lead to disbarment of alta
it and that be was authorized to spe
lie. $40. 900 or more to this end.
I'VE John Gray says the judge is m
TX of very strong bias and prejudice a
eel that he is preiudiced against
G client, Mrs. Day, in this case, a
10y her attorneys. He also reitera
Ver alleged friendly feeling between NJ
aer gan and Beale, which, he believes,
IRE. of such deep seatedness that
Judge could not enter upon trial