Arizona republican., 1922-06-04
CALIFORNIA DIVORCE
LAW MAY BE CLEARED
BY VALENTINO TRIAL
Fate Of Flapper's Idol De-
pends On Interpretation
Of Statute Upon Which
The Charge Is Based
rRepubIican A, p, leased Wirel

LOS ANGELES, June S-Rodolph
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 pre-
liminary hearing on charges that
Valentino married Miss Winifred
Hudnut at Mexicaii, Lower Califor-
MIA, and afterward lived with her at
Palm Springs, Cal, while he still was
legally married to Miss Jean Acker.
Whether Justice Handy will bind
Valentino over to the Los Angeles
superior court for trial or dismiss
the complaint, depends upon his i'm
depreciation of the California statutes
upon which the district attorneys Of
flee based the charge against the
actor
1t was contended by Deputy District
Attorney Costello that the fact that
Valentino and his second wife lived
in the same cottage at Palm Springs
for three days following their mar
riage warranted holding the defendant
for trial. w. /. Gilbert, representing
Valentino, argued that no evidence
showing marital relations had been
produced. Both cited decisions they
contended sustained their points.
Frank James. attorney for the
Famous Players Lasky corporation
attacked the validity of the measure
on the ground the acts charged by
the prosecution did not constitute
bigamy
The arguments followed testimony
by DIR. Floretta White. physician of
Palm Springs, that she attended the
marriage at Mexicali and that the
couple stayed at her cottage at the
Springs that night. Mrs. Valentino
was i'll, she testified, and asked to
have a room by herself and Valentino
and Douglas Gerard, groomsman at
the wedding, were assigned to anoth-
er room.
When Mr.. Costello submitted his
case, Mr.. James moved to dismiss the
complaint saying he was surprised
the deputy district attorney had not
moved. He said it would be a great
misfortune if this defendant should
be held to answer when there is no
hope of his conviction by jury"
Mr.. Costello said there were sew
eral points in connection with the
case upon which the supreme court
of California never had rendered
decision and he felt that for this rea-
son, if for no other. there should be
an opportunity to ajudicate. He said
that Valentino had ''wilfully and
knowingly violated the laws of the
state" and formed the intent to so
violate them before he went to Mex
icali with his consort." He said
Valentino hurried" his bride out of
the state after it became known
prosecution was possible. and, added
that the possibility of arrest of seven
other persons depended on the out
come of the present action.
"Do you contend Mrs. Valentino is
guilty of bigamy also?" asked Mr..
Gilbert.
"You will find section of the code
which saws that if any person mar
ries another person, knowing that the
other person has a husband or wife
living, said person shall be guilty
of bigamy." replied Mr. Costello
Mr. Costello said he had been un-
able to serve a subpoena issued for
Nine. ALA Nazimova. Russian ac-
tress. to appear at the hearing. DIR.
White testified she understood Nine.
Nazimova was stopping at cottage
in which the Valentines passed
night during their stay at Palm
Springs.
The prosecutor said he had been
informed Nine. Nazimova left for
New York yesterday.