Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1922-06-04
VALENTINO WILL
KNOW HIS FATE
ON NEXT MONDAY
Judge viii Decide Whether.
Moving Picture Actor Must
Stand Trial on a Charge,
of Bigamy.
(By The Associated Prets.)

Los Angeles, June 3.-Rodoiph
Valentino, hero of many film ro-
mances, will know next Monday
whether he must face a jury on a
charge of bigamy Justice of the
Peace Handy announced this today
at the conclusion Of the actors
preliminary hearing on charges
that Valentino married Miss Winl-
fred Hudnut at Mexicali, Lower
California, and afterward lived
with her at Palm Springs, Cal,
while he still was legally married
to Miss Jean Acker.
Whether Justice Handy VIII
bind Valentino over to the Los An
geles court for trial or dismiss the
complaint, depends upon his inter-
pretation of the California statutes
upon which the district attorney
office based the charge against the
actor
1t was contended by Deputy Dis
trict Attorney Costello that the
fact Valentino and his second wife
lived in the same cottage at Palm
Springs for three days following
their marriage warranted holding
the defendant for trial. w. !. Gill
bert, representing Valentino, ar
gued that no evidence showing
marital relations had been pro-
dueed. Both cited decisions they
contended sustained their points.
Frank James, attorney for the
Famous -Lasky corporation,
attacked the validity of the meas
ure on the ground the acts charged
by the prosecution did not consti-
tute bigamy.
The arguments followed testi-
mony by DIR. F1oretta White, phys
ician of Palm Springs, that she at
tended the marriage at Mexicali
and that the couple stayed at her
cottage at the springs that night.
Mrs. Valentino was i'll, she testi-
fled. and asked to have a room by
herself, and Valentino and Doug
las Gerard, groomsman at the we'd
ding, were assigned to another
room.
Moves to Dismiss.
When Mr.. Costello submitted his
case Mr.. James moved to dismiss
the complaint, saying he was sur
prised the deputy district attorney
! had not moved. He said It would
be great misfortune If this de-
fendant should be held to answer
/, when there is no hope of his con-
viction by a jury.
| Mr.. Costello said there were sew
| eral points in connection with the
case upon which the supreme court
| of California had never rendered
decision and he felt that for this
reason, if for no other, there
should be an op oortunity to ad-
judicate. He said that Valentino
i had "wiIfully and knowingly vio-
lated the laws of the state" and
formed the intent to so violate
with his consort.' He said Valen-
| tino hurried" his bride out of the
state after it became known pros
ecution was possible, and added
that the possibility of arrest of
, seven other persons depended on
the outcome OF the present action.
"Do you contended Mrs. Valen-
tino is guilty of bigamy also?" ask
ed Mr.. Gilbert.
"You will find a section of the
code which says that If any person
marries another person, knowing
that the other person has a hus-
band or wife living, said person
shall be guilty of bigamy," replied
the deputy district attorney.
Mr.. Costello said he had been
unable to serve a subpoena issued
for Nine. ALA Nazimova, Russian
actress. to appear at the hearing.
DR.. White testified she understood
(Crntinued on Page Two.)