The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-08-21
The Jury COnTicts the Defend
ant on Four Counts.
Each Count Carries Maximum
Penalty of Five Years.
THE VERDICT WAS UNANIMOUS
On Two Remaining Counts
There Was Disagreement.
Case Will Be Appealed to a
Higher Court.

San Francisco, Aug Elm clipping
with Marsha Warrington from Sacra-
mento. Cal, to Reno. New, Maury 1.
Digs, former state architect of Cali
fornia, was guilty of violating the
Mann act which makes it a felony to
transport women for immoral purposes
from one state to another. This was
the verdict last night of the jury. Five
years in the federal penitentiary is the
maximum penalty
There were six counts in the indict-
ment and the jury found a verdict of
guilty on the first four. Each count
carries a maximum penalty of five
years and a minimum of one year in
federal penitentiary.
Digs. his wife. father. mother and
his three aunts, Mrs. Drew Caminetti
and Mrs. Anthony Caminetti, were in
court waiting for the verdict. Diggs
was pale ana his wife showed the ten
sion she was under by the twitching of
her lips. the tension about her eyes and
the lessened bloom of her rich color.
The case won national notoriety when
United States Attorney John L. Nc
Nab resigned, charging that the trial
had been delayed by political influence
and made public his resignation in an
n.
Nine ballots were taken by the jury
and from the first the jurors were
unanimous for conviction on the first
four counts, but on the fifth. charg-
ing the defendant with persuading adj
wishing and inducing Marsha Warning
ton to go from Sacramento to Reno for
immoral purposes, and on the sixth,
charging the same offense with respect
TO Lola Norris, they as obstinately dis
agreed.
With reference to Marsha Warning
ton the vote stood seven for acquittal
and five for conviction for the nine
consecutive ballots. With reference to
Lola Norris, the vote stood ten for con-
viction and two for acquittal. likewise
for the nine consecutive ballots.
The difference in attitude between
the two girls is expressed by the fact
that the jury considered Marsha War
rington the more forward of the two |
Counsel for the defense announced
that they would appeal to the highest
court in the land and asked for ten
days in which to petition for a writ of
error to the United States circuit court
of appeals
Released on Bail.
With Diggs convicted and awaiting
sentence, the government turned its |
attention today to his companion in |
flight. F. Drew Caminetti, indicted |
for the same offense for having TAX
en- Lola Norris on the Reno excur-
sion Diggs, who was visibly shaken
by the jury'S verdict, was released at |
midnight on $4,000 bail, furnished by
his father. I. P Diggs. and his uncle.
Marshall Diggs. He will be sentenced |
to prison on September 2.
Although Diggs was regarded as the
leader in the interstate jaunt the |
self constituted boss" the prosecu-
tion styled him, and one who al
ways took the best things for himself |
a
rooms" the trial of Caminetti will
command exceptional attention owing
to the fact that he is the son of An
thony Caminetti. a leader in state
and national politics and the present
commissioner general of immigration
When United States District ATTORNEY
John l. McNab (resigned) brought |
the Diggs-Caminetti cases into ma
tional prominence by accusing the at
torney generals office of having de-
Commissioner Caminetti figured in
the explanation of the delay
His chief, Secretary of Labor Will
son, stated that he had requested
that the cases be put off until Com
missioner Caminetti who was eager
to return to San Francisco from
to aid his son, could ia
miliarize himself with his duties.
His Friends Depressed.
Throughout the trial of Diggs. young
sat close 10 MS companion
in trouble and tried to dispel Dipgs'
gloom with his own bubbling cheerful |
ness. Friends of Caminetti We're de-
pressed today over Diggs' conviction
and by the attitude of the curt toward |
that defendant Judge Van Fleet who
also will try Caminetti said in his
charge to the jury:
If you find that the defendant and
his companion, Caminetti, were actua-
ted in their departure or flight from
Sacramento by a fear of exposure or
arrest, but that nevertheless in taking
these two girls along, there existed the
intention to subject them to the i'm
moral purpose charged, the defendant
is guilty
The testimony in the Caminetti trial
is expected to follow closely that ad-
duced for and against Diggs.
Lola Norris, the companion of Can't
netu on the Reno trip was shown in
the trial just completed, to have won
more sympathy and consideration from |
the jury than Digs fair partner. Mar
sha Warrington. Whether that fact
Will prove of significance in the trial
of Caminetti is the subject of consid-
- IL ,1.,Ns