Evening capital news. (Boise, Idaho) 1901-1927, 1919-11-08

The witness was asked II no ~.
called going to the Statesman o1ice
before McKafg came to Idaho and noti-
flying the editor that he was coming to
take charge Of the organization OF the
league In Idaho.
Scholtz could not recall the exact
conversation, but testified he believed
| he had informed both papers that Nc
+, Kaig was coming to Idaho.
! Under redirect examination, the
witness testified McKaig was not the
only field worker in Idaho, that the
league had others with equal authority,
but not as much prominence. He was
also Queried concerning the National
Non Partisan league control over state
matters and replied that the executive
committee had control over the edi-
torial publications and finances, but the
choice of speakers was left to the state
manager. The witness testified that
he had refused to accept some Of the
speakers offered him by the executive
committee. because he thought they
were Objectionable
sTENoGRAPHER CURIOUS.
Miss kahl, stenographer for the Nom
Partisan league. testified briefly to be-
ing in the office when Governor Good
ing first called to confer with Mr..
Scholtz. She testified she was in an
conversation and out Of curiosity took
them down. She testified she dated
her notes and the date on those notes
was April 20.
Asked by the defense If she had taken
the conversation of any other callers at
the league headquarters, she could not
recall that she had. Another question
asked by defense Of the witness, If she
was the party who wrote the letter to
the blind leader Of the Democratic
party at Hazelton. she admitted that
she was and that she had signed her
name to the letter at the request Of
Scholtx
II. F. samuels, the Non-Partisan
League choice for governor arrived in
Boise this morning and was in the
court room all the morning. It is un-
derstood he is here to give testimony
for the plaintiffs. who expect to close
DEADLOCK ON PHOTOGRAPHS.
A deadlock over the admission of the
Photographic copy of purported let
ter from the defendant, F. r. Gooding,
to w. G. Scholtz, caused an early adj
journment of court Friday evening in
the $4,000 libel suit case
The plaintiff vigorously attempted to
have the copy introduced, first by
proving by the witness Scholtz that
he was familiar with the signature of
Governor Gooding and that the sigma
ture to the Photographic copy was his
signature; second that the original
copy was beyond the jurisdiction of
the court and the copy was secondary
evidence.
The defense as vigorously opposed
the Introduction of the Photographic
copy of the letter, holding that no at
tempt had been made to produce the
original until after the trial opened,
that the copy was not the best evil
dence, that Scholtz had not qualified
sufficient to show that he knew that
the signature to the purported letter
was that of the defendant and further |
that the proper grounds for it's intro
duction had not been laid.
Attorneys on both sides cited author |
tiles to support their contentious and |
as the plaintiff declared he could not |
proceed until after the court had ruled |
on the question, an adjournment was |
talsen until Saturday morning.
TAYlOR'S NAME MENTIONED.
When the afternoon session began, |
Scholtz was again questioned as to |
the Gooding letter. He was asked If |
he had the original. He replied: mo, |
I returned It to s. D. Taylor" An OBJ |
lection to the latter part Of his an
swer was made as not responsive, but |
a voluntary statement on the part of
the witness and the court ordered the
latter part stricken from tho records. |
Failing to have the letter intro
duced through the witness. Scholtz,
Kess1er had himself sworn and read an
inquiry concerning s.. D. Taylor in |
which he was said to be in Texas The |
mere inquiry concerning man did not !
prove his actual whereabouts, the |
court held, and that additional proof |
would be required.
Kessler next called the defendant |
Gooding. but was unsuccessful in find |
ing out from him as to the whereabouts |
of Taylor, the witness testifying he
had not seen him since last spring and |
did not know where he was. but had |
heard he was going to Texas.
A short recess was taken during |
which the court examined certain au-
thorities and upon more being cited, |
upon re-convening, and no evidence |
ready upon the part of the plaintiff |
until ruling was made. an adjourn
ment was taken.
~