Daily capital journal. (Salem, Oregon) 1903-1919, 1912-01-27

thing, but am unable to come TO Klam-
ath Falls, as ! am broke, all in, down
and out, have been living on my nerve
for week. Now, Emma, II you can
send me fifty dollars / will come inn
mediately. May be you think this is
too much to ask for but have all my
clothes, watch and other junk in the
pawn shop. The best thing that you
can do Is to leave for klamath Falls
right away so nobody will find It out.
Be sure and send the money by tele-
graph 80 that / can get 1t here as
quick as possible; it takes six days
for letter to come from Portland to
Los Angeles and hack. And as soon
.as / arrive we shall 'get quietly mar
ried. Please excuse my writing for j
am excited and nervous. VIII close
with love and best wishes. Your only
dear friend, Harry"
! 1t appears from the transcript that
in response to this letter the genuine
ness OF which is admitted, Emma Olson
sent $500, which was all the money
she had, to the defendant and went to
klamath Falls TO meet him. He did
not go there, however, but came to
Portland and on her return refused
to marry her
In prosecutions for seduction cor
respondence between the defendant
and the prosecutrix, occurring before
or after the commission of the Illicit
intercourse, is admissible as circum-
stance tending to corroborate the fe-
males testimony to explain their rela-
tlons TO each other and, with proof Of
other incidents, to indicate promise
Of marriage. II Cyc. Bv. sos; Braeken
" State, Sc Am. st. 90; State " Bell,
70 Iowa III; Harvey v. Territory, II
Okla. 1866. The letters we're admissible
for the purpose offered and In receiy-
ing them in evidence no error was
committed.
Emma Olson, on her direct examina-
tIon was asked: "Is this your child?"
(The counsel who was assisting in
prosecuting the action then walked
back among the spectators and took a
child in his arms) Defendants attor-
ney, having objected TO such conduct,
the court remarked; "I don't want
any demonstration OF that sort here,
and won't have III" Defendants
attorney, again alluding to such action
on the part Of the prosecution, said ::
Counsel knows II is reversible error"
The court: mo, II is not; II is not
an exhibit and he has not offered to
make II an exhibit" Defendants at
torney observed 81 know, II the court
please, but he Is holding the child up
In his arms where the jury can see Il;
exhibiting II to them and asking her
II that Is her child. We certainly OBJ
jeot 10 any such Procedure in this
case" The court: THAT is all proper.
He has a perfect right to ask her II
that is her child. but the child will not
be exhibited to the Jury" Defendants
attorney: "He has exhibited the child
to the jury" The assistant district
attorney: 81 have not exhibited the
child to the jury. merely asked her
II this Is her child" The court "You
may proceed; exception allowed" Q.
"You say this is your chlld?" A. "Yes
sir" The demonstration to which the
court alluded evidently referred to the
action Of the assistant attorney in TAX
Ing the child In his arms AS we view
the bill Of exceptions the court very
properly censured such attorney for
his conduct,
The admission by the mother that
the child was born to her an unmar-
rled female, was corroboratlve evil
dence that she had had Illicit inter-
course with some man, and for that
reason the question was proper. 25
Am 4 Eng Ency. Law (2d ed) 245.
No attempt was made to show any
physical similarity between the child
and the defendant from which II might
be Inferred that he was It's father.
Conceding II to be improper to take
mp the babe when tho question was
asked the mother, II that was her
child, the court tried to correct any
mistake that might have been made
by the demonstration" which mani
festatlon was dlsproyed, and having
done so Il must be taken for granted
that no prejudice resulted
The state having introduced its eyi-
dence and rested, defendants counsel
moved for directed verdict on the
ground, inter alla, that no testimony
had been offered tending to prove that
on March 20, 1910, Emma Olson was
The court thereupon re-
"wer, she says she was a
chaste woman, and | think will DENY
YOUR motion and allow YOU an excep-
ton' The exception thus noted was
undoubtedly granted to the denial OF
the motion, and no exception was
taken to the observation OF the court
last quoted, The contention that such
remark was erroneous cannot be CON
sldered, lt Is not deemed out Of place
to assert, however that the motion