The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-08-15
RESTS ITS CASE
Government Closes in the Trial
of Diggs.
CrOss-Examination Fails to
Shake Story of Miss Norris.
SWEARS She WAS A GOOD GIRL
And Holds Caminetti RespOn-
SibIe for Her Ruin.
Her Testimony Agrees With
That of Marsha Warrington.

| san FRANCISCO, Aug. l5.-The govern
ment closed it's case today against
(, Maury I. Diggs former state architect
of California, with the testimony of
| Warrington whom the government
/ charged Diggs transported from Sac
ramento to Reno for purposes which
the Mann act defines as a felony.
Back and forth across and crisis
cross Lola Norris was led today over
! the Testimony she and Marsha War
, rington have already spread on the
records. Judge Van Fleet repeatedly
warned Attorney Devlin of the defense
that his pursuit of 'infinitesimal mat
tiers not relative to the material issues
of the case was consuming time which
later he might find valuable.
Nellie Barton Testifies.
Miss Nellie Barton, a pretty Sacra-
mento girl. by whom the government
will attempt to show that Diggs and
his attorney, Charles Harris, at
tempted to make her the "go-between"
i for messages to Lola Norris and Mar
| sha Warrington next took the stand.
Miss Barton testified that on March
%, while in her fathers bakery she
was asked over the telephone to visit
! the Office of Charles S. Harris, an at
| torney. She complied.
! Diggs, whom she knew, introduced
her to Harris. This was after the re-
turn of Diggs Caminetti, Marsha
| Warrington and Lola Norris from
Reno and their disgrace was common
| talk.
Mr.. Diggs asked me what thought
| of the talk" Miss Barton testified. ct
told him I thought the girls had been
very foolish to CO."
Not fools to co. said Harris, but
fools to get caught at tt
"They told me warrants were to be
| sworn out, that Mrs. Diggs had left
her husband. that there were to be
prosecutions and everything Mr..
Diggs was convicted of. Marsha
would be convicted of; that they would
| suffer alike.
'They told me that if Marsha
would only remember about the bum
| galow at Reno and what Mr.. Diggs
| had told her they both could be saved.
Diggs drew a diagram of the bunga-
low, showing the position of the two
| bed rooms.
"'Be sure to tell her to say he
| told me, that she and Lola had the
front room together and Caminetti
and I the rear room
Then he asked Harris what about
the berths and tickets Mr.. Harris
told him that the only thing she
could say was that she did not know
who had paid for them.
She Was a Friend.
ct agreed to go because they told
me if did not Marsha would be con-
victed and sent to jail. I liked her.
I did not want to see her suffer and
I did not think it wrong then to try
to help her.
Miss carton told of the delivery of
her message.
What did Miss Warrington say?"
"She said it was too late; that she
thought more of her parents than
anybody else and that she would not
do it."
Other questions brought out that
Diggs had subsequently tried to COM
| municate with her but that she was
angry when she realized the use to
which she had been put and that she
refused to see him or have words with
him.
Martin Besley of Sacramento,
business associate of Marsha Warning
tons father. told of accompanying
Chief Hillhouse of Reno to the bunga-
low when the arrests were made.
The girls were hyster1cal, he testi-
fled crying and laughing, and eager to
know what their parents would do
with them.
A telegram from F. F. Atkinson,
assistant district attorney of Sacra-
message from Judge Hughes. of Sac
ramento whose testimony was de-
sired but who is i'll in Eureka. Judge
Hughes sent word that no complaint
had ever been made to him as pre-
siding officer of the juvenile court
about either Marsha Warrington or
Lola Norris.
Both girls have testified that Diggs
plants had been made and arrests
were imminent.
Fear of a scandal. they swore re-
peatedly was the determining mo-
tive that induced them to consent to
the trip to Reno.
Attorneys for the defense were sur
prised at the sudden resting of the
governm ent's case and would not dis
cuss their plans.
! San Francisco. Aug. I5-Lola Norris
followed Marsha Warrington on the
witness stand and repeated virtually
unchanged, but in even stronger terms,
her story of seduction, intimidation and
elopement from Sacramento to Reno,
on which the government bases it's
prosecution of Maury L. Diggs ana
Drew Caminetti under the Mann act,
which forbids the transportation of
women for immoral purposes from one
state to another. The trial of Caminet-
ii will follow that of Diggs, now in
progress.
The day was punctuated by series
of sharp minor surprises. Juror Bliss
showed a disposition to question the
good faith of the government in with
holding from evidence a transcript of
the story told by Marsha Warrington
to the assistant district attorney of
Sacramento county on the way home
from Reno after the arrests which is
now in the possession of the prosecu-
ton. He was instructed by the court
that the jury could take cognizance of
nothing except what came regularly
before.
Curiosity as to his state of mind in
creased, when, after the noon ad-
tournment, he was fifteen minutes
. late, but Judge Van Fleet accepted
suavely his statement that he had
misunderstood the instructions as to
when to return
Goes More Into Detail
Contrary to expectation, Lola Nor
ris was the more outspoken witness of
the two. She was never at a loss for