Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-08-21

JURY SAYS GUILTY ON
FOUR OF six COUNTS
Each Count Carries Penalty Of From
One to Five Year, in Psnitsntiary-
Sentence 70 Be Promo unesd Sept. q
Defense Announces Intention to Ap.
peal.

peal.
San Francisco, Aug. 2L-dn eloping
with Marsha Warrington from Saera-
mento. Cal, to Reno. New. tMaury I.
DiSEs. former state architect Of Cali
fornia. was guilty Of violating the
Mann act. which makes It felony to
transport women for Immoral purposes
from one state to another. This was
the verdict last night Of the Jury that
tried him. Five years IN the federal
penitentary Is the maximum penalty.
There were six counts in the indict
ment and the jury found verdict Of
guilty on the first four. Each count
carries O maximum penalty Of five
years and q minimum Of one year In q
federal penitentiary.
Dless Nsrvousiy Awaits Verdict.
Diggs, his wife. father. mother and
his three aunts. Mrs. Drew Caminetti
and Mrs. Anthony Caminetu. were In
court waiting for the verdict. Diggs
was pale. and his wife showed the ten
sion she was under by the twttching
OF her lips. the tension about her eyes
and the lessened bloom Of her rich
color. The questions Of tho foreman.
clearly foreshadowing the coming ver-
dict, gave them time to steel stem
selves for the final shock. and there
was no demonstration OF any sort
when the expected blow fell.
The case won national notortety
when United States Attorney John L.
McNab resigned. charging that the
trial had been delayed by political In
fluence and made public his reshgna-
tion in an open letter to President
Wilson.
Guilty on First Ballot.
Nine ballots were taken by the jury.
and from the first the jurors were un-
animous for conviction on the first four
counts. but on the fifth. charging the
defendants with persuading. advising
and inducing Marsha Warrington to
20 from Sacramento to Reno Tor nm
moral purposes. and on the sixth.
charging the same offense. with respect
to Lola Norris. they were as obstinate
ly disagreed.
With reference to Marsha Warning
ton the vote stood seven for acquittal
and ave for conviction for the nine
consecutive ballots. With reference to
Lola Norris the vote stood ten Tor
conviction and two for acquittal. Ike
wise for the nine consecutive ballots.
The difference In attitude toward he
two girls is explained by the fact that
the Jury considered Marsha Warning
ton the moro forward Of the two
Sentenced Sept. 2.
Sentence will be pronounced week
from Tuesday. Sept. 2. Judge Van
Fleet set the bail at $4,000 on each
count. making $4,000 in all.
I.P. Diggs, the defendants father.
and Marshall Diggs. his uncle. were
both ready with bonds IN the amount
named, and United States Commission
er Krull was ready to accept them iast
night.
Counsel for the defense announced
that they would appeal to the hishest
court in the land and asked Tor ten
days in which to petition for writ
of error to the United States circuit
court Of appeals.
Charge by Judge Plain.
In view Of tho contention OF the de-
fense that no criminally Immoral pur
pose had been proved, the interpreta-
ton of the statute by the ouose was
awaited with much interest.
"The act, SO far as here involved,
provides in substance that any per
son who shall knowingly transport IN
=. interstate commerce any woman
or girl for the purpose OF prostitution
or debauchery or for any other I'M :
moral purpose shall be deemed
guilty of a felony and punished as
therein provided.
20
far as here involved means transpor-
tation from one state TO another.
"As / have heretofore lntimnto6 to
you. 1t is immaterial what the char-
acter OF the two girls involved in these
charges was at the time OF tue acts
charged. The act denounces the carry
ing in interstate commerce for the I'M
moral purposes specified OF any wom-
an or girl regardless OF whether
the girl or woman who Is the subject
Of the act be lewd or chaste. or wheth-
er or not the man has himself previ-
ously had intercourse with her.
Truth Rests With Jury.
"The defense Is all before you. and
It ia for you to say where the truth
taken to Reno by the defendant In the
manner GIld1H Heus IuSIl tHc OiAS SoS"
ton remaining is as to the intent with
which they were SO taken.
And even II you nnd that the de-
fendant and his companion were ac-
tuated in their departure or flight
from Sacramento by a fear Of exposura
or arrest, but that nevertheless In TAX
ing these two girls along there existed
the intention to subject them to the
immoral purposes charged. the defend
ant is guilty"
points Out Guilt Evidence.
III that immoral purpose was one
fector IN inducing them to leave Sacrn :
mento and take these girls with him II
n.at.erc not that no may also have
bena actCated by his fears or other
consideration moving him to take that
trip. He would nevertheless be guilty"
The defense took exception to the
charge. In general and to speciflc IN
s:ructions.