The twice-a-week Twin Falls times. (Twin Falls, Idaho) 1916-1918, 1917-02-20

part first shown him told about visit
ing a saloon and picture show Ills
testimony was similar to that CT the
city treasurer but more brief He
formed the impression at first that the
idea at first conveyed by the .eading
was that Zines was mot keeping com
pany with people of good repute."
Later he gained the impression that
it was natural that some people who
were not of the highest character
might naturally be taking treatment
and that it would be the duty of Emes
to look after them. The thought that
if it were Emes who was in the room
with the woman, when the silhouette
of the couple thrown on the shade it
was a suspicious circumstance and if
true would indicate improper conduct.
A request by the state for the report
was refused by the efsrdaut on Gun
sti'utional grounds.
The court adjourned at noon until
A o'clock, when DR.. Zines took the
stand. Dr Zines lid that he went To
Salt Lake City September in order
to take charge of the Keeley institute
during the absence of its manager, DR..
r. e. Maupin. He had Known the fam
lily for years and was on terms of in
bers He had known Dr. Maupin for
twenty-four years. While i'll salt
Lake he was physician in charge and
general manager. He had been in sa-
looms about ten times looking for pa
tents who had left the institute. He
had not taken any liquor while there.
He went to two cabaret in COM
pany with another man looking for
patient. He knew nothing of the
character of the places. He had gone
down town several times with DR..
Maupin's wife and sister when they
went shopping, had gone to matinees
with both together and with each
separately and had on one occasion
taken Mrs. Maupin to a show in the
evening. After he and Mrs. Maupin
had returned he had turned out the
hall light, in performance of his duty
as manager of the institution and had
retired to his room on the second
floor. He had never been on the third
floor while there. A room in front,
possibly the one mentioned in the re-
port, was occupied by the Jap cook
and his wife. The cook was slightly
shorter than the witness and Japanese
wife considerably shorter than Mrs
Maupin. He could not say that the
detective might not have thought that
the silhouettes on the curtain re-
sembled him and Mrs. Maupin. He
returned to Twin Falls late in Sep
TENDER and heard nothing of the report
reflecting on his character until told
of it the day before election by Mr.
Denton. Later he heard of it from Mr.
Kingsbury and three others. He be-
lieved that report derogatory to his
character and containing all the i'm
putation reflecting upon his morals
set forth in the complaint had been
circulated by Crosby and that the lat
ter knew them to be false.
c. o. Longley, counsel for the de
PENDANT moved to dismiss the action
He said that no libel had been proven
With the sole exception of the appear
ance of the silhouette on the thirC
story window on a certain night
every fact testified to as being con
tanned in the report had been declared
true by DR.. Emes on the witness stand
They were all commendable, some o
the highly so and none of them rep
rehensible. Dr. Emes was a man o
the highest character Would it b,
commended he asked, that the law o
libel made a man responsible for TIN
! N1ClOuS lSuucHClcS OL an l0QlVlOud
who might construe a harmless thin,
to be bad. Continuing, he said in sub
stance:
There was nothing reflecting on tn
character of DR.. Zines in the chanc
fact that man on the street had seel
two shadows on a wall occupied b.
the cook and his wife, shortly afte
Emes and Mrs. Maupin had returne,
from the theatre. The report did no
say that it was DR.. Emes who was il
the room. To man on the street, tn
difference in size between Dr. Eme
and the Japanese cook, would not b
apparent in the shadow on the cur
tain.
Two witnesses for the state had tax
en- a proper view of the matter. The
had declared that if the man and WON
an in the room were DR.. Emes and tn
lady who accompanied him to the the
atre it looked bad but they question