The San Francisco call., 1913-09-22
AYERS NOTE:
L.E IS IN
LIGHT
Captain introduces Officers
Warning Despite Wife's
Lawyers Objection

A long missing letter interjecting
a sensationm turn into the divorce
suit of Captain Henry c. Merriam.
U. S. A.. supervisor of coast defense
on the Pacific coast. was produced in
Judge Graham's court this morning
and took Mrs. Merriam's attorneys off
their feet
This evidence, startling enough in
itself, had force added to 1t later in
the morning, when Captain Merriam
told or the widespread gossip. OF Of
ficers at tho New Orleans posi-. con-
cerning his wife. which he heard when
he returned from his field duty on the
Texas border.
The note tended to show Mrs Mer-
Iriams conduct previous to the return of
Captain Merriam to Jackson barracks
from the Texas border in 1911. and
was written to the captain by Lieu
tenant Halliday, post surgeon at
Jackson barracks, New Orleans,
where Mrs Merriam is said to have
been indtscreet with Major Clarence
Murphy. member of the staff of the
governor of louisiana
"LET IN LIGHT HE SAYS
Captain Merriam declared that it
"1et in the light upon his life with
Mrs. Merriam. At the first hearing
of the case it was missing. but was
found during the long adjournment
of the case, while Major Murphy was
coming all the way from Paris to
help clear Mrs. Merriam's reputation.
The captains attorney. Walter II.
lection of Attorneys Barclay Henley
and Judson w. Reeves for the de-
tense They appeared to be taken
by surprise and Henley asked a re-
cess of court so that he might read
the letter
LETTER is ADMITTED
Linforth objected declaring that he
wanted to continue the captains ex-
animation. Judge Graham admitted
the letter and the captains testi-
mony concerning it, subject to a mo-
tion to strike them from the record
should they be found not material
A deposition from Doctor Halliday
which Captain Merriam's attorneys
sought will not be forthcoming, ac-
cording to Linforth Lieutenant Hal
liday is now at Jolo, in the Philip
pines, and the cost of getting his
deposition is too great for Captain
Merriams pocketbook. Linforth says
that he relies on Halliday's letter in
stead
CAPTAIN TELLS OF SCANDAL
Captain Merriams testimony ira
versed the ground of the former evil
dence given by him at the opening of
the trial. He told of the friendship
he had for Major Murphy, of the
MAJORS visits to the Merriam house
at Jackson barracks and of his i'm
plicit trust In Major Murphy when he
departed for the border.
The captain said that when he re-
turned all the officers of his mess
were talking of scandal in which
his wifes name was mentioned He
said that Mrs. Merriam herself told
him of this talk
Merriam said Major Kephart, COM
mandant of the post, told him of hav-
ing ordered Mrs. Merriam off the res
ervatfon. Other officers mentioned by
Captain Merriam as speaking of the
scandal were Captain Lomax, Lieu
tenat Keeler, Lieutenant Hanna, Lieu
tenant Williams and Major Boce
Still the captain had faith in his
wife. according to his testimony, and
acceded to her pleadings that he aid
her by appearing friendly to Major
Murphy. Later he went to Washing
ton and learned other facts which
caused him to break with Murphy.
Major Murphy sat in the courtroom
listening to the testimony OF Captain
Merriam. Mrs Merriam and the cap
Continued on Page 3. Column