Albuquerque evening herald. [volume] (Albuquerque, New Mexico) 1911-1914, 1913-08-21

ieI'tttV 4nH fla4la mar nHfna has
fNFh. 4Fot Htf animal nh4a|ant ma
Ihns etduts ntf into iNNa atIlons
"ta have h4eiofnfa snfImaitt 20
Yon Il b |4unalorIeI what cha chRr-
atlef ef lHf lNt NIfIs lNYnItt1 ln
Inme tHt4NN W0a "a fNe time ~ The
actin thafaa fhe act acnounqea lho
tauNINI M Interstate cnmmtfre Tor
/ iho inuIufti u1tDnFff trrcIfied ~ any
as Hlft fHafaIeaa
I nf whether lAf alfl o. woman who ID
. TIE sntsttl Uf tire ars hc how'd or
hae IN whether Hf MT the man
slAH nisHaelk previously had Intercourse
with htr
~ h appears thas ne defendant
has eneeesled 81 az attempted 20 tn
4rt anF witness 81 thlE cHEe 60 give
evidence % ~ lhe Facts ~ controversy
ln ANY RESPECT nat b accordance with
the ifuin. yon naf and
should take such attempts into COM
ittfatlnn IN aeterrninins the sniil ~
ihe defendant"
This poaitlre Instruction went a.
rectiF % TIRE testimony 81 Nellie fsar-
tton. fffnd ~ Marsha Warrington.
eha fceflfifd that Dlees and his at
sorney. Charles n flafrs OF Rncrn-
menio. induced her 10 coach Miea
/ Warrington IN the testimony she
/ thonld give. pramislhe her marriage
! IA eMr ait ~ they wished nR4 iran4la-
s eminent otherwise.
the defense aid not contradiet this
Testimony.
Arhe evidence - an before YOU
concluded the court. "and Il n for you
90 say where the truth rests. The
defendant has taken the stand IN hts
own behau and 80 Tar AZ his testi-
htny ienda 20 cover the transactions
involved IN she charges against him.
Il r. scmewhat ne variance with that
Gf the two Girls. The teetf-
mony 81 the defendant. however does
noi cover the entire transaction.
AFTER tesfifyinN 10 the relations be-
tween himself and CAminatti and the
girls down a. the sunday night on
whlcn the evidence of tnc government
tends lc show the trip 70 Reno waa
taken. M stopped short and has given
noDe of the incidents Of that trip.
conientinE himself With merely refer
ring g. Il a. having been taken. This
was the defendants privilege. but IN
passing upon the evidence you have
ia right 20 take this omission Of the
defendant into consideration,
Ialnce Il a. a legitimate Inference that,
cnhIa he have explained the lncrin-
llnating evidence against him he would
have dune 80.
III you find these kris were taken
BY the defendant IN the mnnnet
chnrged. then the only question r."
manning a nH 70 the intent with which
llhey were 80 takan. There n a
homeiy adnge that actions speak
louder than words: that the truth OF
this 10 quite applicable 20 iudscini in-
anlrles a. IN the ordinary affairs o.
life. .t-e
aAnd even II you find that the de-
|fendanl ana hls companion, Caminet-
Ia were actunted IN their departure or
lfl,eht from aacramentO 20 Reno by
fear of exposure or arrest, but that
nevertheless In taking inese two
Iriris along there existed the inien-
ton to subject them go the Immoral
purpose charged. the defendant q
guilty.
III that immoral purpose was one
factor m Inducing him % leave Sac
Iramnnto and take these girls with
him Il masters not that he may also
have been actuated by his fears OF
Iother confederation moving him IA
take that trip lie would neverthe-
lers be guilty"
The defense took exception 10 tho
charge IN general and 20 specific In
afructions
Mrs. DiRRH and her daughter, Eve
tiyn. the defendants father and mother
land his three aunts endured the pros
ecution's hFraIgnment as hest they
might.
An attempt "a make capital Of the
story told on the way back 20 Sacru-
Imente from Reno By Marsha War
rlnRt0n and not brought into evidences
~ the government. though IN ita pos.
session. was promptly squesched BY
Judge Van Fleet
Attorney Deglin was confendinf
, That the girls though painted az th'
REORGANIZATION Of Innocence, distress
led. we're happy. contented and care
free Ia Reno. were there because the,
wanted 10 be- there and knew why thes
were there.
al Marsha Warrington made state
ments 90 indicate this just after hei
4 arrest" ~ continued, hut th0a'
4 statements. IN the possession Of th'
: government are not here as evidence.
The court broke In;
"Mr pevlin you must confine your
self a. the evidence ia this case anl
! nothing else. DO not make any NOR
4 Of THESE references"
ri Devlln set on another tack; "Tak
the womenr' story out Of this cas-
land ROTH remains" he resumed
"And remember az you consider thes
4 story the yindicilvenesa ~ woman
who has loved and from whom tn
, object o. her love has bekn takol
away. Remember her power &
blacken with lies. Remember he
4 power 10 shield herself.
ri with she man Ia case Of thi
Kind II he tells the truth you call hin
"a cur III he DOES mt ha takes th
consequences"
A declamatCry appeal 10 the sym
pnthies of the jury based on the sui
ferlnR TO the defendants family an
the Injury 10 hia future a verdict %