Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1913-08-14
D|GGS' DEFENSE
PLANS ARE
SHOWN
n the WHITE SLAVE CASE The
DEFENSE WILL ATTEMPT TO
PROVE THE PROSECUTION PROM
ISED MISS WARRINGTON IMMUN.
Try IN ANOTHER CASE.
LOLA MORRIS GOES
ON STAND TO-DAY ALSO

/ San Francisco, Calf. Aug, 14,-ln
/ dicaton of belief on the part at least
I OF one juror that the government, fol
reasons best known to its counsel, is
Withholding material evidence in the
cast against Maury |. Dsgs, accused
! Of violating the Mann white slave
traffic act found expression today
when William S. Bliss rose from the
jury box to question the court: ~
your honor please he said, Il would
I like to ask if there is some evidence
that may be material TO this case that
the government has not put before
this court and the jury.
II do not understand YOU" replied
Judge Van Fleet. "What do you mean
Mr. Bliss"
The defense has referred to state
ments made by Miss Warrington to an
assistant district attorney OF Sacra-
mento county upon the train leaving
Reno following the arrest. which are
said to be at variance with her testi-
mony in this trial
THE defense claims that the gov
ernment has that evidence and the
government attorneys have failed to
produce it when asked to do so. Are
we going to have this evidence.
That's what | want to know
You have nothing to do with that,
Mr. Bliss said the court, the jury
will take cognizance of nothing in
this case except that which comes
regularly before it,
Previously Judge Van Fleet had
ruled on admission from Attorney
Roche, that he had the statements
that the court was without power to
compel them to be produced but that
the government might do so, if it
wished.
San Francisco, Calf, Aug. H.
Marsha Warrington concluded her tes-
timony in the Dggs white slavery case
shortly before noon today and was fol-
lowed on the witness stand by Lola
j
animation of Miss Warrington either
by the defense or the government. At
tempts to shake her testimony only
drew stronger aiIirmations, and the
court cut short the questions as "a
minute pursuit of collateral matters.
The plan of defense Diggs will fol
low in resisting the case brought
against him by the government under
the Mann white slave traffic act was
given out today by his counsel in open
court.
Marsha Warrington was on the
stand, under cross examination by Ma
than Coghlan He had been question
ing her at length about the statement
she made to assistant district attorney
Atkinson, coming back to Sacramento
from Reno.
SIS it not true" pursued Coghlan, .
"that on March Is, 1913, you We're
upon complaint of NJ. J, Sulli' |
van probation officer of Sacramento |
with contributing to the de-
of minor child, namely, /
Evelyn Diggs?"
Evelyn Diggs is a daughter OF the |
defendant.
Attorney Roche for the government |
objected.
1T is our contention" explained .
Coghlan to Judge Van Fleet, that
this witness made certain statements .
on the train coming back to Sacra-
mento and that she was later induced
10 change. color or shade. those state
ments for the purpose of this situa
ton; that she was practically prom
sed immunity in return for this tes-
-imony and that she was threatened
with arrest detention and trial if she
lid not so testify and ! don't mind
saying here now that such is the
showing we shall make to the jury
Don't argue it now Wait till you
get before the jury" admonished the
;ourt.
81 may say, however that it is prop
n for me to ask if immunity was of
'ered?" 4;
Coghlan struck off on this trial, with ,
resh zeal.
Did you ever talk with your father
nd mother about this case?" he asked
The court room was somewhat ;
tartled in the afternoon session yes
erday, by the emphatic admonitions {
# the judge to the jury that the case
must not be discussed by the jurors,
with any friend of Digge
IT F. Drew Caminetti, co-defendant in
mother case on a like Indictment.
they must not even allow the case s
o be mentioned within their hearing (
II read about it in the newspapers.
These are the usual instructions to S
urors but the emphasis with which {
hey were twice repeated by Judge {
IAN Fleet gave rise to inquiries which
le would not satisfy. He refused alb s
olutely to discuss his reasons and G
theodore Roche, who has thus far I
onducted the governments case, t
would be no more specific although Y
e did say that there was reason for
he courts order. One juror admitted J
hat he had been in company where {