The San Francisco call., 1913-08-08


will suffice for its witnesses. In that
event Diggs' future will be with the
jury next Thursday. The federal court
does not sit in jury cases Saturdays or
Mondays.
Those who testified yesterday were:
George ID. Leslie, Sacramento, statis-
tician in the Office of the state board
of health.
]. H. Stevens. Sacramento. vice presi-
dent of the Sutter National bank.
R. J. simen. Sacramento. Southern
Pacific ticket agent.
NJ L. Jones, Sacramento, Southern
Pacific passenger conductor
F. ]. Peck, Reno. real estate agent.
Leslie identified Diggs' handwriting
on marriage certificate copy of the
original obtained by Diggs when he
married seven years ago.
MRS. CAMINETTI WITH HUSBAND
Several punches of checks written by
Diggs were identified by Stevens. as
was the Identification card which Diggs
made his signature upon when he be-
came a depositor at the bank. Stevens
identified also as having been written
by Diggs the letter to Miss Warning
ton after the denouement of their Reno
elopement warning her to say that all
of their relations had been proper.
Simen sold Diggs the tickets for the
party of four which went from Sacra-
mento to Reno.
Jones is the trainman- who took the
tickets from the Pullman porter on the
China Mail' at 12:45 O'Clock a. m.
March 10, when the party went TO
Reno.
Clad in smart tailored garments, Mrs.
Drew Caminetti who has become re-
conciled to her husband since the Reno
affair, was in the corridor leading to
the courtroom for few minutes be-
fore court convened. chatting with her
husband, but did not enter. Mrs. Diggs
did not attend.
The Warrington girl and the Norris
girl were not at the postoff1ce build
ing Mrs. w. H. Campbell vice presi-
dent of the Oceanside Improvement
club and Mrs Mary Sullivan, mem
Der, were among the five women who
sat through Mrs. Campbell said she
was there s'in the interest of our girls.
JURY NOT LOCKED UP
Seats were in demand again. The
corridor remained full of curious men
until adjournment.
with the audience as they passed out
to the street Armed with the conf
denee the United States district court
bestows upon its jurors, the men VIII
not be locked up or under surveillance
Judge Van Fleet warned them in de-
tail to be careful to hold themselves
free from any possible suspicion OF
veniality" He spoke of the accidental
circumstances" which have given the
III sas& To % . "A q
itself is not an unusual one.
The resignation of John l.. McNab.
United States attorney. and the COM
bination rebuke and approval of At
torney General McReynolds by Presi-
dent Wilson resulting from the order
to halt the prosecution are the acci-
dental circumstances" referred TO by
the trial judge.
After Sullivan gave the opening
statement to the jury, Roche examined
ali of the government witnesses. Devlin
was on the firing line at the other
table.
Every peremptory challenge had been
used before the jury was selected. The
state put six men out and the defense
dropped 10 talesmen.
SULLIVAN OUTLINES CASE
Sullivan retired Marshall c. Harris,
1401 Willard street, president of the
American Dredging company, and Au-
gust Wiesmann 274S Howard street,
who formerly operated saloon at
Seventh and Mission streets. A tedious
delay of half an hour resulted because
Wiesmann's name had been n1isspelled
on the special venire. The govern
ment said Wiesmann was not on the
assessment roll
Court recessed while Horace L.
Croeker, deputy in the auditors office,
was summoned with the new roll Wies-
mann's name was there. SO the chal-
lenge was invoked
Those challenged by the defense were
William Adams, 1919 Cole street.
Charles Adams of Alameda. an insur-
ance agent and Asa l.. White, 604
East Seventeenth street, Oakland, a
lumber merchant.
Clerk of the Court Krull swore the
Jury and started to read the bulky in
dfctment. but was relieved by Judge
Van Fleet, who left out all of the repe-
titions In the document and charged
the jury before the noon recess.
What the government expects to
prove was told the jury in plain
language by Sullivan.
1--WE shall prove that the story
Diggs told the girls about the scandal
resulting from their acquaintance with
the two men is false" Sullivan said.
That there was no warrant to be
issued for the arrest of the girls If
they did not leave Sacramento. That
they were not to be prosecuted by
the juvenile court. That no newspaper
in Sacramento intended to publish any
thing concerning the relations Of the
four. That no threats had been made
by any one against the girls and that