Daily capital journal. (Salem, Oregon) 1903-1919, 1913-08-12

who yesterday qualified as federal mag
istrate for the United States district
court, and who probably will sit in the
Caminetti case, to be called on August
20, sat beside Judge Van Fleet.
"It has not yet been decided wheth-
er or not 1 will preside at the Caminetti
case, y he replied to direct question,
although / can see no reason why L
should not" The latter part of the an
swer was in reply to the intimation that
because he knew the father of young
Caminetti rather intimately, it might
embarrass him to sit at the trial.
Not Needed in Case.
When it became plain to him that the
defense evidently intended to lay spe-
cial emphasis on testimony going to
show that the girls were in happy, or
at least flippant state of mind during
part of the time they lived at the Reno
bungalow and even after their arrest,
Judge Van Fleet said:
"The evidence (that in question:
will be admitted, but not as indicating
that under the act force need be used
at ALL"
The interrogation by Digs attorney
at this point was in line with the proba-
BILE defense that the girls went willing
ly and did not have to be cOereed.
Held Back By Barricade
Before barricade in the hall lead
ing to the court room 300 men, women
and children were massed this morning
waiting for the opening of the doors,
which would admit only 4s, that being
the seating capacity. The erection of
the barricade forced a warning by
Judge Van Fleet that he would regard
any lettering about the door or in the
corridor os contempt of court, to be
followed by arrest.
Many of those in the line had been
waiting since 1880 o'clock. Men ia
miliar about Barbary Coast resorts
brushed elbows with society women
and young girls.
Guards Hold Them.
The barricade which held back the
crowds was an arrangement of boards
similar to fence gate. Several times
deputy marshals had to keep the crowd
back or the barricade would have been
rushed.
Of all the hundreds about the court
room door, just six women made their
way in when court began. More than
score of others took their stands out.
side, eagerly waiting chance of en-
trance which might come should any
seats be vacated.
The first witnesses called when
court opened were Theodore Kytka,
the handwriting expert, and R. j. Sc.
min, postmaster at Sacramento. They
briefly corroborated evidence they had
given at earlier sessions of the trial.
Girl Promised Loyalty.
Chief of Police J. B. Hilhouse, of
Reno, was the first new witness. He
told at length of the discovery of
Digps, Caminetti and the two girls in
the bungalow at Reno, where all, he
said, were in various stages of un.
dress. One of the most significant por,
tions of Hillhouse's testimony was his
relation of a conversation which occur
red when the quartet of elopers were
being taken to the depot at Reno.
"Well," Hillhouse declared Diggs
said, "it's up to you girls whether we
go to the pen"
And to this the witness declared
Miss Warrington replied; "We II stay
with you"
Constable Backs Chief.
c. 7. Read a Reno constable, who
was with Hillhouse when the elopers
were discovered in Reno, followed his
chief to the stand, His testimony was
substantially the same.
The next witness to be called was
John L. McNab, former United States
district attorney here, who resigned his
position following charges made by him
/
that Attoney-General McReynolds was
delaying the prosecutions of Diggs and
Caminetti unduly because of "pull"
exercised in Washington. McNab was
expected to simply identity certain ex.
hibits in the case.