The San Francisco call., 1906-10-23
TRIAL OF SENATOR
SIMPSON BEGUN.
Girl of Whose Ruin Poll
tician Is Accused Appears
in Court With Baby
ONE WITNESS MISSING

OAKLAND, Oct. 22.-With her babe
wailing in her arms and accompanied
by her mother and younger sister, Isa-
belle Davis, who is the accuser of
State Senator NJ. w. Simpson of Ala
media, was escorted into court late this
afternoon by Deputy Sheriff Sweeney
and was told to return tomorrow
morning at 10 o'clock.
Judge T. J. Lennon of Marin County
had been called to preside at Simp-
sons trial, and at the outset this morn
ing showed that he would not stand
for any unnecessary delays. He denied
Attorney L. S. Church's motion for a
continuance on the ground that Allie
Schmidt, witness for the defendant
could not be found, and resumed the
trial this afternoon with the prosecut-
ing witness in forced attendance.
DR.. A. A. Stafford testified that Miss
Davis might appear in court for a
short time without harm to her, and
Judge Lennon ordered that she be
taken into court by the Sheriff.
Allie Schmidt. who lives at 1912
Parw street. Alameda. is the witness
for the defense who has evaded the
service of a subpoena When the case
was called this morning Attorney
Church stated that the deputy sheriffs
had not been able to locate
Schmidt, who is an employe of the
AAaAAAbOAON anu LQAlDeI AOln-
pany Of San Francisco. Judge Len
non continued the case for half an
hour and ordered Church to file an
affidavit to that effect.
SIMPSON MAKES AFFIDAVIT.
In the affidavit Simpson set forth
that Schmidt had told A F. st. Sure,
an Alameda attorney, and A. J.
Peterson that he was acquainted with
Miss Davis and that he was as guilty
1C
married only a month ago, and he is
naturally trying to evade the ordeal
that awaits him as a Witness 1t is
said also that he has received anony-
nous letters threatening that he would
be shot If he testified.
When Church had filed the affidavit
Judge Lennon temporarily denied the
motion for continuance, but put the
case over until 2 o'clock Deputy Dis
trict Attorney Hynes had said that the
prosecutrix probably was unable to at
tend the hearing, but DR.. Stafford, who
is attending her, testified that few
minutes in court would not harm her
Whereupon Judge Lennon ordered that
she be produced in court at 4 o'clock.
To Deputy Sheriff Sweeney was given
the task of producing the young
mother. He was not compelled to use
force, as Miss Davis, after considerable
argument agreed to accompany him in
a carriage, provided her mother would
take the infant, whom she has named
Milton William Simpson Davis, to the
court also. They all agreed to this,
and the women entered the carriage
with the babe, while Sweeney mounted
the box with the driver
At 4 o'clock Judge Lennon called
the case for the fourth time today,
and the young mother entered with her
child. She was attired in loose
wrapper and wore a black fascinator
over her head. Her mother and sister
followed her. Senator Simpson was in
court and was red-faced and nervous.
The girl he is accused of running shot
at him several months ago.
WANTS SIMPSONS NAME.
Judge Lennon stated he might con-
tinue the case for a few days tomor-
row if it were shown to him that it
was likely that young Schmidt could
be found. Deputy District Attorney
Hynes said the prosecution was also
using every effort to find the missing
witness; that two men had already
been sent from the District Attorneys
Office to serve him with a summons.
The case was therefore continued until
tomorrow.
During the proceedings Miss Davis
watched every move with apparent in
terest, and the infant in its grand
mothers arms, with the exception of
wailing once or twice, conducted him
self assany child should.
"An I ask of Senator Simpson is
that he marry me and give my child
a name" said Miss Davis afterward
II would not oppose a divorce two
minutes afterward I don't want his
money, and I don't want him."
Captain w. S. Barnes of San Fran
cisco is associated with the law firm