The Sunday telegram. [volume] (Clarksburg, W. Va.) 1914-1927, 1916-07-30
FEMALE JURY
D|SAGREES IN
MORALS CASE
Unable to Agree in Case Of
Model Charged with Posing
in the Nude.

"SNSl S''S@' wv ''S''
in the Nude.
SAN DIEGO, Calf, July ga jury
of women was called together in the
police court here to decide whether
a girl who admittedly posed, almost
IL not quite nude, before a gathering
of men was guilty of violation OF the
statutes that apply in such cases. The
jury disagreed.
The case was that OF Miss Indy
Weatherbee, artists model, who was
arrested and prosecuted under the
name Of May Hayden, accused OF hav-
ing posed and danced in a condition
of nakedness before an audience Of
men in the Paris after Midnight" con-
cession at the exposition on the night
before her arrest
The prosecution was based upon
the statements OF Police Sergeant Ed
ward f. Forbes, commander of the eX-
position police force, who witnessed
the exhibition. ordered the place closed
and later swore to the complaint upon
which the girl was arrested.
Says She Was "Bare OF Attire"
Forbes preliminary statement to the
jury of ten women and before a crowd
ed courtroom was this:
1.-THE body of the Paris show house
was darkened and the stage was brill
liantly lighted. The defendant, abso-
lutely bare Of any sort Of attire, posed
as Stella and later did what we call
the hoochee-koochee dance"
The girl, who said that she is a
professional poser and artists model,
denied that she was entirely unclothed,
denied performing any dance, and told
the court that she left the couch on
which she posed only 10 save herself
from a hail of coins, buttons and
nails" that was ralned on her by the
members of the audience.
Main Issue Of the Case.
But for that one thing, she declared,
the performance on the night the con-
cession was closed was the same 1t
had always been.
The main issue of the case was made
the amount Of body covering worn by
the young woman during tho perform
ance that brought about her arrest
The nude in art" was repeatedly men
toned by the girls attorneys in exam
ming prospective jurors and brought
forth a storm Of rebuke from Judge
Puterbaugh, who said:
This complaint says nothing about
art, and l think 1t would be better II
you would confne your questions only
to the nude part of it,"
Questions TO the Jurors.
Would you be prejudiced against a
young woman who appeared before the
public very scantily clad?" Attorney
Praul asked of the next prospective
juror. And again Judge Puterbaugh
asked that the questions put to the
jurors be kept moro closely to the
subject Of the complaint
~ would call a woman scantily clad
who didn't wear enough to keep her
warm" he said.
"The defense is compelled to learn
the attitude of the prospective Jurors
along these lines responded Attor-
ney Praul, "and we cannot we'll give
an exhibition so they will know just
what mo trial is TO be about.
Poll man Forbes, as the first wit
ness, was asked:
How do you know that, as you say,
this young woman wore no protection
of any kind?"
He declared that he had seen I'M
clad women before.
She Wore n "Garment."
Contradicting Forbes testimony, the
defendant herself, Jessie Forrest,
another poser and Ed Richards, one
of the men employees of the concession,
testified that the exhibition consisted
only of a pose representing the pic
ture stella and that the accused
girl wore "a small bit of nesh-colored
silkaline held in position with silk
threads of flesh color"
The technical names for such gar
mcnts," as they are known among
professional models and posers, were
told to the court, and Miss Forrest
and Richards, both of whom were
back stage" during the performance
swore that garment" had not been
omitted on the night in question.
The trial was over in three hours
and three hours time was given to thu
jury for supper and deliberations. Al
s o'clock the jury was dismissed. Al
that time, as near as could be learned
it stood five for acquittal and five fol
conviction.
How the Jury Voted.
The crowd that listened to the pro
ceedings was for the most part men
though there was sprinkling Of
women among them. Some women ant
men left the courtroom when the ques'
tioning about costumes began. Bail
lift Paul Connors was compelled tt
rap for order continually to still thu
laughter. The only unmarried woman
summoned for jury duty, Miss B. V
Nave, was excused. The case is tt
be tried again.