Albuquerque evening herald. [volume] (Albuquerque, New Mexico) 1911-1914, 1913-08-14
JUROR BELIEVES
GOVERNMENT IS
HOLDING BACK
EVIDENCE
Inquisitive One Of Twelve
Good Men and True Asks
Questions in Trial Of Case Of
Diggs at San Francisco.
GIRL WITNESS DENIES
BEING APPROACHED

thy Leased Wire "a Evening MernsG.
San Francisco. Aug. f4.--Indlca-
ton of e belief on the part OF al least
one Juror that the government for
reasons best known to lts counsel h
Withholding material evidence In the
case against Maury T. Diggs. accused
Of violating the Mann white slave
traffc act. found expression today
when William n. Bliss rose from the
jury box to question the court.
III your honor please, he said. n
would like 10 ask n there IL some
evidence that may be- material 10
this case that the government has
not put before this court and the
IuryG"
II do not understand YOU" replied
Judge Van Fleet what do you
mean. Mr. Bliss"
"The defense has referred 10 state
ments made BY Miss Warrington 70
an assistant district attorney of Sac
ramento county upon the train lcav-
ing Reno. following the arrest. which
are said Go be az variance with her
testimony In this trial.
"The defense claims that the gov
ernmcnt has that evidence and tho
government attorneys have failed 40
produce Il when asked 90 do So Are
We going to have this evidence ?
That's what I want 10 know"
You have nothing to do with that.
Mr.. Bliss" said the COURT "the jury
Will take cognlzance OF nothing ln
this case except that which COMES
regularly before a."
Previously Judge Van Fleet had
ruled. on admission from Attorney
Roche that he had the statements.
that the court was without power 20
compel them 20 be produced but that
the government might do ~ II u
wished
Marsha Warrington concluded her
testimony In the DigEs white slavery
cane shortly before noon today and
was followed on the witness stand
by Lola Norris. There will be no
further examination of Miss War
rington either by the defense or the
government. Attempts TO shake her
testimony only drew strong Rftirma-
iions. and the court cut short the
questions as "a minute pursuit of
collateral matters"
The plan Of defense digs will fol-
low In resisting the case brought
against him by the government under
tho Mann white slave traffic act was
given out today by his counsel In
open court
Marsha Warrington WIS ON the
stand. under cross examination by
Nathan Coghlan. lie had been qucs-
tloning her at length about the state
ment she made 10 Assistant District
Attorney Atkinson coming back 10
sacramento from Reno.
els Il not true" pursued Coghlan.
that on March rs, 1913. you were
charged upon complaint OF A. J. Sui
lvan, probation officer Of sacramento
county. with contributing 10 tho de-
llnquency Of "a minor child. namely
Evelyn Dlggs?" Evelyn DiggR iH a
daughter of the defendant.
Attorney Roche for the govern
ment Immediately objected.
"It is our contention," expieined
Coghlan 90 Judge Van Fleet, "that
/ this witness made certain statements
on the train coming back to Sacrn-
mento and that she was later In
/ duced 10 change. color or shade those
statements for the purposes of this
situaiion that she was practically
promised immunity In return for this
/ testimony. and that she Was threat.
/ ened with arrest. detention and trial
/ n she did not so testify-and 1 don
mind saying here now that such is
1 tho showing We shall make 20 the
/ iury."
Don't argue Il now Wait till
bou get before the jury" admon-
/ lshed the court. II may say how
ever. that Il iH proper for you "a
ask " immunity wns offered"
Coghlan struck OF on this trail
with fresh zeal
"Did YOU ever talk with your faith
or and mother about this caseg' he
asked,
u never aid. only talked with
Mr. Roche"
And what did he tell youg"
"He told mo only to tell the truth. p
''Didnt YOU see in tho papers
statement by Mr.. McNub then Unit
ed states attorney here, that HI
would detain YOU as witness unless
you made a statement for him2"
FL never did. didn't read th'
papers about this ease"
weren't you told that II you dte
not testify before the grand jury yot
would be held IN Jail as witness 2
"No was only told 20 tell th'
truth"
Well. wasn't Il long time before
} you did tell the truthT'
"No. told II the trst chance
got.
The cOurt--"Did anyone ever ap
pruach YOU In regard 10 your iesti
mouy In this cSsoY"
"No. sir nobody"
Efforts TO confuse the witness a
nally became 40 haTassing that hi
rourt cut short the cross examina
tiOu poromptorily. Previous quea'
iions had brought a. iight the fac
that the rtatement made BY Marahi
Warrington on the train Waa com
lposed In large part Of questions Digg