Weekly journal-miner., 1920-04-14
MRS. SCHENDEL TAXES STAND
 FOR STATE
(From Thursdays Daily.l
THESE ARE TRYING THE
 ISSUES IN SAGE CASE

Alberta Florence Schendel, l7-year- old prosecutrix in the Sage case, told the jury yesterday afternoon how she had been given the alternative of ac- companying Clarence Sage, special officer for the United Verde, and Fred Woods, a Jerome plumber, to Sage's apartments, or of sleeping with the greasers in the city jail"
 Her testimony came at the end of a day devoted to examination of pre- liminary witnesses, including attaches of the Sullivan hotel in Jerome. where Mrs. Schendel was living, and from which, she testified, she was taken about 1:30 on the morning of January c last by Night Policemen R. P. Giles and George Floyd. Some of the testimony was introduced after ob- lection of counsel for the defense and twice the assistant county attorney was complained of for "miscounduct" by Judge P. A. McCarran, senior of defense counsel. and assignments of error were noted at his request.
 The states witnesses were excluded from the courtroom under the rule. First to be called was James Sullivan. clerk in the hotel, who testified as 10 the arrival of Giles and Floyd at the place the night in question. and told of their having extracted Mrs. Schen- del from her room At the request of the defense. Sullivan drew a rough diagram of the hotel layout This op- eration was repeated in the afternoon with another witness and Judge Nc Carran said he didn't want to seem to be making artists out of the states witnesses"
 Joseph Seidel, a miner who lived at the hotel, next stated he was in the lobby with Sullivan when the of ficers accompanied the prosecuting witness from the place. He said she was fully dressed. but without a hat, and seemed worried. On cross-eXamination, Judge Mel Carran asked the witness of what country he was a native America, " said the witness. T mean where were you born?" McCarran insisted Nebraska" Seidel replied Mrs. Schendel spoke to Sullivan, the witness said. but he couldn't hear what passed
 Another Irishman A second obvious Irishman follow ed Seidel. He was Tim D. Harring- ton. former manager of the Sullivan hotel who told the court he was sit ting i'll the lobby at the time Mrs. Schende1 was led through it to the street. He definitely fixed the time he came up from his room, which was directly under that of Mrs. Schendel, as l:l4 a. m.
 He said he saw Giles and Floyd starding by the door of the wash room talking. There was an eX- change of argument by counsel at this point over the admissability of testimony relating to conversations not had in the presence of the defend ant. and the state avOwed it would later prove concerted action. This was no: sufficient for the court, however, who explained that only in cases where a conspiracy was charged and testified to, could the assertions of one defendant be binding on another, when not made in the others presence.
 The passage of the lobby occurred at l:30, Harrington declared, and he and Sullivan stepped to the door and saw the three progress to a point a block and a half away, where they were joined by another individual.
 Harrington gave his testimony in a very positive tone of voice, and was frequently jerlled up, all standing by the court or defense counsel to await the ruling of the judge What he thought was not permitted to get into the record.
 He told of going with Sullivan to a restaurant, where they had a lunch, and of their return to the hotel, where they talked until about } o'clock, when he retired.
 Giles, he said, was sober and Floyd drunk. He said he saw Sage going from a point near the Bank of Jerome toward the company store.
 More Fireworks
 McCarran, without trying to ease the question a particle, threw a shell into the case with his first interroga- tory. He asked Harrington if it were not part of his duty to collect the rent for certain places of immoral purpose. located in the rear of the Sullivan hotel Although the witness registered an instant No" the prose- cution leaped up with an objection on the ground there was nothing in the record of the direct examination con- corning the existence of cribs in conjunction with the hotel. The de- fense was blocked on this question, but Judge McCarran repeated it in half dozen forms, so as to make his record" as the court described it.
 He then took another line and in quired into the witness personal re- lations with the two officers and learned that Harrington had been ar rested twice in two nights. Hot nights, eh:" counsel queried. The witness admitted it.
 Sullivan was then recalled and tes- tified his brother had been occupying