The Washington times., 1920-07-12
FREES SOLDIER WHO
KILLED BETRAyER
Judge Rules Sanotity Of Home
Violated BY Victim After
Repeated Warnings.

Los AN6ELEs. July ls.-Under
remarkable precedent just establish
ed by the criminal courts In this oeun-
~ q returned soldier 10 Justinsd In
killing the man who won the love OF
his wife and broke UP bis home dur
ing his absence on the battlsneid-
The case 10 that of Capt. Charles
l.. Stokes. who slew DR.. Ernest Il.
Roberts. Declaring that the soldiers
home must be protected from In
yasion. Judge Gavin crais did not
even permit the case to 50 TO the
jury. but accepted the findings OF a
pi ohation officer. He said;
~ agree with the probation officer
that a jury OF twelve women and men
would acquit the defendant. He Is
therefore sentenced TO ten years on
probation"
GAVE DOCTOR WARNINGS.
The Investigation conducted by the
probation officer revealed an aston
ishing state OF facts. When Captain
Stokes returned from service. he
found that DIR. Roberts had won the
affections of his wife. Whereupon he
warned the doctor repeatedly to dis
continue his attentions. Relatives OF
Mrs. Stokes also warned Roberts. At
last. Stokes sent for DR., Roberts to
come to his house. There he had Mrs.
| Stokes face the two of them. He
made this plain proposition to his
wife:
Choose between us now. which
one do you want? I will abide by
your decision. IL you choose Or.
Roberts I will get out OF your life.
II you choose your husband. will
begin life anew with you and the two
children. It's up to you"
Mrs. Stokes said she could not
choose. She said she did not know
which one she loved the more.
Captain Stokes thereupon made a
second proposal. which he said he
hoped might bring happiness to his
| wife. He suggested to DR.. Roberts
that both OF them leave California and
thus give Mrs. Stokes an opportunity
to make her choice In their absence.
The physician refused.
WARNED OF TRAGEDY.
1t was then that Captain Stokes
a snake" IL 1t were not for the chill
dren.
A few nights later Stokes met DR..
Roberts leaving his house. He took
the physician to a gulch just on Will
shire Boulevard. gave him a chance
to defend himself, and after night
killed him.
Judge Craig in his decision. exoner-
ating the husband, said:
THE person most to blame In the
sight OF God for this tragedy is Mrs.
Stokes. She had a husband. who, all
the evidence shows, gave her no
cause for complaint. She had two
children entrusted to her care. Her
| nd oh MI
all pleaded with her and 1t cannot be
doubted that she had reason to realize
that some terrible end must result
from her misconduct
"She is not before me for sentence.
However. II any one can suggest how
I could include her in any action. I
should be glad to do So"
DR.. Roberts met Mrs. Stokes while
he was at Camp kearny and while the
captain was with his regiment over
seas"
MUST PROTECT HOMES.
In meeting the objections OF the
prosecutor that the probation of Cap
tain Stokes would set a bad example
and that no one should be allowed to
take the law into his own hands,
Judge Craig added a solemn contri-
button to the unwritten law. He said
from the bench:
Those who commit an offense like
this and hope for judicial leniency
hope in vain unless the evidence they
produce measures up to that in this
case. In my experience OF ten years
on the bench / have never known any
other evidence to meet that of this
case.
"On the other hand. it may be re.
membered that men who would bra
zenly and dehsntly spoil other mems
homes will realize more fully that
such a course is extremely hazard
Gus. This decision, therefore. may
save some other homes and protect
the innocent children of the COM
munity against the cast OF persons
whose conscience seems to afford no
safeguard"
Judge Craig said that 70 ra per'od
of six months before the killing Cap
tain Stokes had at least fifty causes
of action for divorce. He said he had
made the probation period as long as
ten years, not because of Captain
Stokes, but because of his wife. He
said to the prisoner. Is ne freed him:
You are loyal to your wife. but
from the courts standpoint your
wife might do something like this