Evening star., 1922-03-07
FIND MRS. BAGGETT
INNOCENT At: TRIAL
Acquitted of Making False
Affidavit at Alexandria
Hearing.
Special Dispatch to The Star.

ALEXANDRIA, Va, March Mrs.
Mary L. BagEett. whose name has
been prominently mentioned in con-
nection with housing persons seek
ing divorce in Alexadria, was acquit-
ted of the charge of making an al
legged false affidavit as to the resi-
dence of Mrs. Isabel Wright Of River
dale, Nd, by Civil and Police JUS
tiee F. G. Duvall in the police court
yesterday afternoon
The decision was given shortly be-
fore 4 o'clock. The complainant
against Mrs. Wright was her former
husband Thomas J. Wright Of WASH
ington: The court in acquitting Mrs.
Baggett declared that it believed the
prosecution had totally failed to max e
out even a prima facie case. Mrs.
Wright obtained her divorce in Alex
andria.
Judges Decision.
The decision of Justice Duvall fol-
lows:
THE matter before this court as 1
see 1t is not the question Of Mrs.
Horce matters in the city of Alex
andria, as has been shown by the
investigating committee or by the
public press. The question before this
court Is the question of the common
wealth against Mrs Mary L.. Baggett,
Thomas j: Wright prosecuting wit
ness, and 1t Is my purpose to consider
nothing but the case which is before
me, and l believe that the common
wealth or the prosecution in this case
has totally failed to make out even a
against Mrs. Baggett / take it that
my duty, in the event that a prima
facie or reasonable case is made out
IS to send it on to the grand jury in
felony matters of this kind.
Mr.. Wrights statement today, be-
fore me, Is different from the state
ment he made to me at the time that
l issued the warrant against Mrs.
Baggett. in this particular. that !
didn't know that at the time Mrs.
wright was supposed to have ac-
quired her residence in the city of
Alexandria or was acquiring the
same. Mr.. Wright was in Jail and not
In a position where he could know
the facts which he stated to me- His
statement here today shows that he
could not have actually known where
Mrs. Wright was living and could
not have known that she did not dur
ing those five months acquire a resi-
dence and domicile In the state OF
Virginia and the city of Alexandria,
at Mrs. Bargget's house. His state
ment is that after the time when he
was released from Jail. he OCCASION
ally saw Mrs. Wright at 329 C street
northwest, and that he usually saw
the child there. That might mean
that she was resident and was
domiciled at 329 c street or it might
mean that the child may have been
left there by her. I understand that
this place was children's aid society
and the child may have been there
while her mother was elsewhere, ac-
quiring this residence, and the mother
may have been there to see her child.
Not All for Granted.
II cannot be asked in this case, by
the commonwealth. to take every
thing for granted, and 1 don't In
tend to do SO either. I want to do
to do what is honest; I want to dc
what is fair. but l don't believe that
even prima facie case has been made
out.
This statement refers back to two
opposing statements which have been
made and nothing more. 1t is oath
against oath. There must be two wit
nesses to testify to the falSity of a
statement. or one witness with strong
corropobative circum stances / con-
cede that it is not my province to
pass upon the guilt or innocence OF
the accused. in this case, but it is
within my province and power to
seriously Inconvenience and subject
to disgrace in the community, as well
as put to great expense, persons ap-
pearing in my court by sending them
on to the grand jury. l don't think
that there has been prima facie case
made out in this case and, therefore
! dismiss it
Judge Robinson Moncure of the
corporation court will take the
stand this afternoon in the investi.
cation by committee of the bar
association relative to the alleged
divorce evil here. The examination
of witnesses was resumed this morn
ing by the committee and number
of persons were placed on the. stand
by Attorney Frank Stuart to tell OF
the alleged political activity of Judge
Moncure in behalf of Howard w
Smith for the Office of common.
wealth's attorney. When the hear
ing was opened Chairman Howard
w. Smith announced that it was the
purpose of the compittee, as far as
possible, to conclude the hearing of
testimony today. Among those who
testified at the morning session were
c. B. Lanham. Mayor ]. NJ. Duncan
W. S. Snow, r. F. Downham. John
Barton Phillip, r. ]. Thomas. S. M.
Pullman, Rev. DR.. E. v. REGISTER
Aubray Shuman and Justice OF the
Peace Frank w. Troth of Fairfax
county,