The San Francisco call., 1913-09-12
D|CGS JUDGE
SEES PROOF
Of PLOT
Evidence Enough to Show
Conspiracy, if Jury Believes
1t, Rules Van Fleet

The evidence is entirely sufficient,
Iif the jury believe it. to prove a con-
spiraey in this case" said Judge Van
Fleet in court this morning. and the
Jaw of Attorney Charles B. Harris Of
Sacramento dropped
Harris and his former client. Maury
n. Diggs. are being tried on a charge
OF conspiracy to suborn perjury. de-
velopment of the notorious Diggs-
caminetti elopement
The opinion OF the trial Judge. added
10 the evidence Of the star witness.
Miss Nell Barton, who told a story
that would not shake under minute
cross examination-ho Diggs and
Harris arranged with her in the pri-
vate office of Harris at Sacramento to
approach Marsha Warrington. to get
her to shield Diggs-brought frowns
at the counsel table for the defense
when court recessed at noon
GIRLS TESTIMONY STANDS
Nate c. Coghlan. who cross exam
ined Miss Barton, moved to strike out
portion of her testimony on the
ground that no start had been made
toward proving a conspiracy. Then
the Judge gave his opinion of the evil
dence
Judge Van Fleet also criticised the
"co-conspirator' argument applied by
the defense to Miss Barton.
The defense argued Miss Barton's
testimony as hearsay unless the prose-
cution would concede her to be a CO.
conspirator with Diggs and Harris
Miss Barton's cross examination
was completed shortly after o'clock
She was the last witness for the gov
ernment.
Before Miss Hazel Miller. the for
mer stenographer for Harris. was re-
called today. Mrs. Harris went over to
the chair occupied by Miss Miller and
talked with her very seriously. with
many gestures and exclamations, but
nothing came of it.
DEFENSE ENDS TO-DAY
The defense will submit all of its
evidence this afternoon
Theodore Roche and Matt ]. Sulli-
van. special prosecutors. wanted
Judge Van Fleet to hold court to-
night to get the case off their minds,
but Robert DevIin of the defense
had made arrangements TO leave the
city, so the arguments will not be
made before Tuesday. The case will
go to the jury late Tuesday.
Five character witnesses from Sac
ramento were put on by the defense
in order that they might return to
Sacramento to take care OF business
there. They were Judge c. n. Post.
Judge Peter ]. Shields and Judge J. ".
Hughes, all of the superior court OF
Sacramento, Judge f. C. Hart OF the
district court of appeal. and Eugene
wachhorst, district attorney of Sac
ramento county.
MISS BAHToN's TESTIMONY
The testimony of Miss Barton was
as follows:
Q-During the latter part of March,
1919. do you recall visiting the law
office OF Mr.. Charles B. Harris. a law
yer practieing in Sacramento. Al
do.
Q.-Do you recall the date7 At
was Saturday before Easter
Q.-Please state TO the jury how
you happened to go to Mr.. Harris
Office? Al was called on the tele-
phone about noon time.
Q.-what were you requested to do?
Ale said he was Attorney Har-
ris and he wanted TO see me and
wanted TO know If / would come TO
his Office. He said 1t was In regard to
the two girls; he wanted TO know
IL I knew what he meant and ! said
did not He said he didn't care to
mention any names on the telephone
and so / told him would be there at
o'clock.
Q.-who did you meet in that pri-
vate office7 A.--Attorney Harris and
Mr.. Diggs.
Q.-Upon entering the private office,