The San Francisco call., 1913-08-20

Miss French lost 4 IS gold piece
purpose Of having her become his con
cubine or mistress"
Roche reminded the jurymen they had
sworn ito consider this case on the In
depreciation Of this statute from the
court, irrespective Of any idea you may
have with regard to law" continuing to
explain that amy verdict based on a
misinterpretation Of the statute could
not be corrected by the review of a
higher tribunal.
DEFENDANT EXCITED
sThe testimony introduced by the de-
fense today has tended to show you
how agitated and how excited the de-
fendant was on the night he left Reno,
and few days previous. No matter
how excited he was, he was not too far
gone to purchase drawing room, or
to climb into berth with Marsha War
rington and remain there all night.
Perhaps he was excited. He ought to
have been at the thought of leaving q
good. true and virtuous woman, the
mother OF his baby. IT makes no difser-
ence how agitated heWas, he had no
right to take either of these two girls
with him.
when he got upon the train there
were two unoccupied sections in the
Pullman car, the price OF which would
not aggregate the price he paid for the
drawing room II he had had any other
idea than that stated in this indict-
ment he would have done what any
decent man would have done under the
circumstances Instead OF rushing Tor
the drawing room.
WAS MAJOR DOMO
do you recall the conversation In
which Diggs made himself the boss OF
the party? He didn't deny that con-
versation. You find Maury Diggs occu-
pying the best berth In the drawing
room. the best room at the hotel, the
front bedroom at the bungalow, taking
TO himself all the privileges of a major
domo.
You have heard the statement that
Diggs intended to return to the bosom
of his family after remaining In Reno
a few days. Do you remember that
many times before the trip the girls
asked Diggs what effect the trip Woulo
have upon their future, and he replied
everything would be all right and no.
body would know anything about !t II
thew went away for few days? And
then a few minutes after they had
boarded the train the same question
was put to him and he replied, Every
body in Sacramento will know about II
now?
.aThat statement was made for the
purpose of keeping the girls out OF the
state of California. You remember the
girls wrote letters to their parents the
morning of their arrival in Reno
which were not mailed because the de-
fendant refused to permit It?
GIRLS WE'RE PENNILEss
Lola Norris told you she had 10
cents when she started on the trip
There has been no evidence introduced
to show you the Warrington girl had
nickel. These men knew that II they
got out of the state, while they might
return, neither of these two girls could
ever go back and occupy the same So
cial position they had before. What
did he have In mind for the girls when
he expected to return to his wife and
child?
IF it was the intention of Caminetti
to go back to the hills In few days
and for Diggs to return to sacramento
there was only one disposition to be
made of these girls, and in that event
the men would have been no longer re-
sponsible If this was not the IDEA,
they intended to live with these girls
until they could establish a residence
and get divorce.
There has been no evidence intro
duced to deny that Diggs often prom
ised Miss Warrington he would get
divorce from his wife and marry her.
Diggs couldn't get divorce from his
wife IL he wanted to. She. out OF the
goodness Of her heart. has testified she
did not intend to get a. divorce from
him. There are great many goou
women in California, burdened with
offspring, who couldn't afford to get a
divorce from men like the defendant.
KNEW HIMSELF GUILTY
Gould the proposition made to Nell
Barton by Diggs In the presence OF his
attorney, Charles H. Harris, have been
made by anybody but man who knew
himself guilty? He told her to tell
Miss Warrington to perjure herself
when the case came to trial and he
wanted him to do. He knew IL the
facts were presented in front OF a
trial jury there could be no question
as to the final outcome. At that time
Marsha Warrington showed herself
much more of a woman than this de-
fendant Is a man by calling up Nell
Barton and advising her to have moth
Ing to do with Diggs. She showed
more respect for her friend than he
has shown for his own wife, by trying
to keep the girl from getting mixed UP
in the case.
II want to make 1t clear to you the
girls are not on trial in this case.
They came here under process. Do
you think either OF them would have
come voluntarily. They came because
they were compelled to do so.
STORY NOT DIsPROvED
Remember that the defense has in
troduced no evidence to disprove Mar
sha Warrington's story that 1t was
Diggs who first violated her. And you
will recall that Lola Norris testified
she was q good woman when she left
the state OF California II the testi-
mony were presented to me, and had
not seen the girl. would have been
somewhat doubtful as to the truth Of
it. But 1t is true. Could any but
a good woman have passed through
nights with man in San Francisco
and San Jose and later In the drawing
room, as she did with Caminetti. with
out having submitted"
Diggs flushed for the first time he
has shown emotion since tho opening
OF the case. when Roche's whiplashes
cut him. Face downcast he sat by
the side of his wife. who listened with
a frown clouding her delicate face.
Diggs' stern father, at Mrs. Digs left,
heard without sign OF interest.
Judge Van Fleet wanted to begin
work at 9 o'clock this morning. Nate
Coghlan put damper on the idea. He