The Washington times., 1914-06-26


1tion 10 return and continue the Dis
ct as his actual place Of residence
not to make another jurisdiction
s residence; that is. his nome and
niding place and the center of his ac-
tiles. to the extent of abandoning
= actual residence in this District;
ID provided also that his absence
1erefrom was not of such duration and
-aracter as to destroy his actual res
.ence
Essential Question.
The essential question in the case is:
the act of Mr.. Newman, in leaving
a District for the city of Chicago, un-
all the circumstances developed in
. evidence, amount to an abandon
mt of his actual residence here? In
.ermining this two factors should en-
into your deliberations:
First, did he leave with the inten-
n of returning to the District?
Second If he had such an intention
returning, was the length of his ap-
nee and the character of his activi-
:, while absent, such as to occasion
abandonment of his actual residence
the District?
I have stated that the term actual
-idence permits absences for reason
e periods either for pleasure or busi-
IS. Was the absence of Mr.. New
an. beginning July, 1911, such as to in
ate to your minds, under all the Cir
instances. an abandonment of his ac-
al residence here? If either of the
owe facts is established in your
inds by A preponderance of the evil
nee, viz; that he had not an intention
" return, or that his absence was OF
lch a nature as to indicate an aban-
Unment of his actual residence, then
our verdict must be for the relator.
If You believe from the evidence
at he left this District, in July, 1Bl1,
it'll an intention to return, and that
S absence and activities while absent
ere not such as to indicate an aban-
.onment of his actual residence here,
hen your verdict should be for the
espondent. Mr.. Newman.
The burden of proof is upon the rela-
or to establish the fact that Mr.. New
uan had not been an actual resident Of
. District for three years next prior
his appointment"
Oliver P: Newman was born in Lin
DIN, Neb., in 1877. His parents later
noved to Des Moines, Iowa, and he
rev up there, attending the pubic
hools and academies in Des Moines.
Deciding upon career In the army
. 1907. he entered West Point, but
Dund mathematics too much for him.
pon leaving the army school, Mr.. New
an decided upon newspaper work as a
relihood- Before becoming an active
swspaper man, Mr.. Newman wrote an
rticle on West Point life, which was
Ccepted by Munsey's magazine. In
-sS. Mr.. Newman became reporter on
ne Des Moines Leader, and from that
ne TO the appointment as Commission
he was an active newspaper man.
He has worked in various sections Of
le country as a reporter, city editor,
iitorial writer. managing editor, and
ashington correspondent. Mr.. New
an worked in Des Moines, FL Paso.
an Antonio. Austin, Sioux City,. Lin
In. St Joseph. Washington, and Tren-
N.
The White House was covered" by
=. Newman for the Newspaper Enter
ise Association, and the Presidential
npzign was covered" for the Scripps
pers. When Mr.. Wilson was non1i-
ated, Mr.. Newman went to Trenton,
-agirt, and Princeton, remaining with
r. Wilson up to the time Of his in
uguration.
Nr. Newman returned here, where he
as IN service Up to the time he be-
ne Commissioner, July Is. 1913. He
as married to Mrs. Gilbert BlXby In
eaumont. Tex, in 1904.