Daily capital journal. (Salem, Oregon) 1903-1919, 1913-08-06
PROGRESS IS MADE IN
SECURING JURY TO TRY
DIGGS AT SAN FRANCISCO
Two PeremptOry Challenges
Are Morning Feature of
Examination.
MAY GET JURY TODAY
Believed Certain Jury Box VIII Be
Permanently Filled for Trial Be-
fore Tonight.
MAY GET JURY TODAY
UNITED pRnss LEASED wrnn.1

UNITED PRESS LEASED wIRH1
San francisco, Aug. 6.-Two per.
emptOry challenges, one by the defense
and one by the prosecution, were the
first incidents of note here today
when the white slave trial of Maury I.
Diggs of Sacramento was resumed be.
fore United States Judge Van Fleet.
Challenged for bias" " stood against
F, F. Harper, by the defense, and
against Frank Lewis by the prosecu.
ton Both were allowed by the court.
Still another man, George Walcon, was
taken from the temporarily passed pan
ell. Walcon was permanently excused
because of illness.
Examination of new talesmen was
then taken up, and Marshall c. Harris,
president of the American Dredging
company of San Francisco and married
was temporarily passed. He was quick
ly followed into the box by j. B. Grim.
wood a real estate man of Palo Alto.
married, and by Henry Nelson, retired.
Nelson is 72 years old, and by far the
oldest man on the venire.
o. w. Becker was the next venire
man called for examination. 1t is be.
lieved certain that the jury box will
be permanently filled before night.
Preiudiced Against Act.
Views against the latitude of the
Mann white save traffic act prohibit.
ing the transportation of women for
immoral purposes from one state to
another, as is alleged in the Diggs.
Caminetti indictments, the two girls
involved being Marsha Warrington and
Lola Norris, young Sacramento society
girls, was brought out for the first
time Three of the prospective Jury.
men expressed pronounced prejudice
against the enforcement of the act, ex.
cept as it was directed against com.
mercialized vice. They were promptly
excused
D. 7. Brilliant, a iewelry wholesaler.
was the first talesman to be challenged
on this score, when he declared that he
entertained decided bias, one of his
former employees having been convicted
under the Mann act.
Says Conviction Unjust.
"I think the conviction was unjust. -
he said, "and it would take more posi-.
tive proof and a greater abundance of
evidence in case such as this than in !
ordinary case to prove guilt, as far as
I am concerned"
William II. LaBoyteaux, a club man, /
upon his acknowledgement that he
should not be very sympathetic with |
a law that terms it white slavery for
a man to take a woman from one state |
10 another to become his Mistress" was |
challenged by Special Prose.
rutor Sullivan for the government.
May Rely on Prejudice.
The defense, to some extent at least.
indicated that it would rely on this
prejudice against the Mann act, as it
was revealed today, particularly when
Attorney Coghlan, interrogating for the
lefense, protested the allowance Of the
in the case Of Brilliant.
The ground that the white slave act
was passed to prevent the transporta. |
tion of women for purposes of com.
vice, it seemed apparent, !
would be the main reliance Of the de. !
fense attorneys.
Young Girls Present,
For the first Sine a number Of young
girls, iauntily attired, began drifting
nto the court room. craping forward
,agerly in anticipation of sensational
letails, and casting surreptitious
ylances at Diggs and Caminetti.
When the afternoon session was re.
umed at 2 o clock, L men were in the
ury box, subject to two peremptory
ballenges by the government and five
" the defense. The examination Of
ester Herrick, an accountant, and the !
welfth temporary juror in the box, was
aiken up.
Girls in Case Absent.
Neither Of the girls involved in the ;
ases, nor any member Of either de.
iendaRt's family was in the court
oom, save only the father Of Diggs,
II