Daily capital journal. (Salem, Oregon) 1903-1919, 1917-01-06
THE OLD. Old STORY
tcontinued from page one.)

of Pocatello, Idaho, and of meeting
the defendant about three weeks later.
Their aequaintanceship drifted along
for about three years when she said
Gardner began to pay her more at
tentiOn and began to ask her to 90
places. She told of her promising to
become his wife when she became of
age and how they planned to 90 to
live ON homestead he was taking up.
She admitted her parents did not like
Gardner, but she would not 20 with
him until she was of age.
The events took place between the
last of May and the Fourth of July,
1915, that eliminated in the birth of
the child in March, 1916, and the pres
ent suit for $4,000 damages. She told
how she worked in the Salem steam
laundry at the collar mangle until the
day before her child was born and
stated she has not worked since, and
that she has been trying to be good
mother to her baby.
| Samuel Shaffer was called next and
told of how little he reany knew about
| his daughter. Re adGitted he did not
know anything about her condition
until he heard the baby cry. The
mother was also called and testified
that she was not informed as to her
daughters condition until she was
asked to get doctor.
Miss Shaffer declared that Gardner
induced her to submit to his embraces
because of reiterated promises of theil
marriage, and that if anything serious
resulted he would stand by her. She
said that after the Fourth of July,
f1915 Gardner went to the coast to
take up his homestead and that when
he returned the latter part of Septem-
Der of that year she told him of her
condition. He then wanted to take her
down to Portland where everything
could be Efixed' so no one would
know anything about it. This she says
she flatly refused to consent to saying
that she would tsee it through if she
had to go alone Finding that his
attitude was not what he promised,
when he called up on the telephone one
day in October, 1915, and asked for
her, she told him she was done. =
|. Concerning a statement she is al
legged to have made in the presence of
witness that 81 never will marry
that scrub, and if j have to never
will live with him. she emphatieally
replied that she did not.
Defendants Version.
Earl Gardner, defendant, took the
witness stand this morning in his own
behalf and told his story. He de-
clared that his meetings with Fannie
Shaffer became more and more FIRE,
quent in the spring Of 1915 and that
after the season when band concerts
began, he took her to them. He de-
MED the first instance cited by Miss
| Shaffer and asserted that instead Of
him seducing her it was she who
seduced him and caused him to fall
from virtue.
He testified that, on the second in
stance, which took place down by the
river in North Salem in the vicinity OF
the poor farm, that she asked him tc
tell stories, whether off-color or not
He asserted she was willing to accept
his advances and was Of the opinion
that it was not wrong 'sif they were
not caught or no harm came from it.
Regarding the Fourth Of July Incl
dent, the testimony developed dis
crepancy. She declared the last in
stance TOOK place on that date and he
said it was on July II, 1915. This
was refuted by postal card intro
duced as evidence bearing the pos
mark of 'FIorence, July g." telling
that he was going to another town
The card was sent to Fannie by Earle
Gardner and showed conclusively thai
he was not in Salem at that time
when he asserted he was here.
1t was brought out in the argument
of Attorney Carey Martin, who will
Attorney Winslow, is conducting th'
case for the plaintiff, that a woman
! named Stone who was a friend Of th'
Gardners, came to Salem and on pre-
tense of using the Shaffer telephon'
: entered the Shaffer home and tried Il
get Fannie Shaffer to make som,
statement that could clear Earl
Z Gardner of responsibility in the case
-->,----->-->--~-------