The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1911-11-30

ousiy contested, the state suffered
continued se,bseks in the introdue-
ton OF evidence in the Blethen case
yesterday. The arguments on testi-
mcny sought 10 be brought out be
came 20 regular that. for the first
time since the trial began, Freoer-
lex Bausman, who had not appear
ed in court before. and Daniel kel-
Ieher, who eontented himself with
merely advising Walter Fulton.
chief counsel for the defense. par
tieipated actively both in the es-
animation OF witnesses and in the
legal arguments yesterday after
noon.
Rules Out calhoun's Testimony
Judge Ronald held against the
state on two most important points.
The first Was 10 sustain an obiec.
ton by the defense against allow.
Ing Scott Calhoun. former eorpOra-
tlon counsel, 10 testify 10 a eonyer-
aation he had with Charles Berry
man and Ludosie Dallagioyanna.
co-defendant with Alden J Blethen
on the charge Of maintaining pub
lie nuisance by operating the Ar
cades dance hall when Caldwell
asked Calhoun II Ludoyic and Ber-
ryman had told him who sent them
10 him. Fulton raised an objection.
Argument Follows
II developed during the argument
that followed that Bergman and
LudoYie told Calhoun thai they
were sent TO him by Alden J..
i3lethen in regard TO the Arcade
dance hall.
Caldwell insisted that since it
Was the statement of co-defendants
Il should be allowed in evidence.
Cant let that so In, said Judge
Ronald. this is not a conspiracy
Indictment"
But It could be regarded as
conspiracy" argued Deputy Prose
cmtor Lundin.
The supreme court Just knocked
out the conviction OF Axel Mist for
second degree murder on similar
evidence" the court said
That was a dying statement.
and made after the crime had been
committed. This statement was
made while the nuisance was going
on" Lundin said
Caldwell read a number OF au-
thorities to sustain the states pO-
sition. and the court agreed to take
the matter under adyisement. but
ruled out Calhoun's evidence for
the time being
Testimony Taken Privately
Calhoun requested that his eyi-
dence be taken al once as he had
20 leave town. and he was permit
ted 70 give II in the judges private
chamber in the presence only OF
the attorneys and the court stenog-
rapherE. II viii be read 10 the jury
II Judge Ronald changes his ruling
after the Authorities are submitted
to him.
Rules Out Star Article
The second point decided against
the state was against the introduc-
tion Of an article in, The Star. in
which the opening OF the Arcade
dance dive was described. The con-
tention OF the defense is that Alden
J. Blefhen did not know the charac.
ter OF the dive and was ignorant
Of the fact that intoxicating liquors
were sold there and that Il was the
rendezvous az 1men OF the under
world. and male consorts. and
thugs. th and people OF that
brand The article I'm The Star
clearly described the condition OF
affairs, as admitted by the defense.
but which Blethen knew nothing Of.
according TO the story of the de-
fense.
Judge Ronald sustained Fulton's
objections. but again gave Caldwell
the privilege OF bringing the mat
ter up again, aud citing authorities.
Times Files Allowed
Fulton. kelleher and Bausman all
entered into the argument against
be introduced, showing that Berry.
man and his bartender. w. A. Hin.
were arrested for selling liquor AT
the Arcade, and that Bergman for
feited 500 bail In Judge Gordon's
court Judge Ronald. however, al
lowed the Times files TO go in, how
ever reserying to the defense the
right to show that he was wrong,
Giil's Secretary Called
Testimony given by Robert w.
Boyoe. secretary TO Former Mayor
Gill. and Sheriff Hodge, showed
that Blethen had discussed the Ar
cade dance hall situation with them
during Gill's absence from the city
when Acting Mayor Wardall closed
up the dance hall. Both witnesses,
however. said that Blethen told
them that he did not believe there
was anything wrong or unlawful In
the conduct of the place.
Mark Hubbard. the tenth witness
called. testified that he frequently
visited the Arcade in the evenings.
See any women there2" asked
Caldwell. Fulton objected on the
ground that he admitted that.
| "Will you admit II was SO con-
Quoted as TO shock public decencyg"
asked Caldwell.
Il am not making any legal con
illusions" answered Fulton.
Hubbard was permitted TO an
swer. and Fulton waived cross ex-
animation.
Scott Calhoun followed, and Max