Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1926-05-22
CAROLS Bath Tub
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CdrrOll 5 0dCH luD
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newspapernen, both of whom attend
ed the party as guests and reported
1t for their paper, the Daily Mirror,
One was Philip A. Payne. managing
editor; the other Arthur F. Irwin.
reporter and assistant night city edi-
tor.
Heated remarks arose from ques-j
tioning by Herbert C. Smythe, chief
counsel for the defense, as to whether
they considered 1t the gentlemanly
thing to expose the party after hav-
ing accepted CAROLS courtesy.
Payne said Carroll wanted public
ity and told him to "go as far as you
like" Payne then had painted a word
picture of the party in his paper.
did you talk to Carroll about pub
licity after the party?" Smythe asked
him.
Yes, SIR" replied Payne, II called
him on the phone the morning after
the party and asked him why he was
denying the Mirrors story: He said
it was because it was making trouble
for him. I told him I objected to his
telling newSpapermen that had
violated his confidence when I was
a guest, when the truth was that /
had published the story at his re-
quest"
"Mr. Payne" Smythe asked later,
you published this story, did you
not, in order to increase circulation"
Every story print is for the pur-
pose of increasing circulation" The
witness added he considered the
story unimportant, although interest
ing.
Irwin had testified at the morning
session that a bathtub was placed in
the center of the stage containing
champagne. He said he had two
drinks before Joyce Hawley, show
girl, stepped into it, entirely unclotn-
ed, after which about twenty men
drank from the tub.
Didn't you get word from Mr.
Hearst to stop printing the stuff
after Mr.. Carroll had wired your boss
about the stories you were running?"
Smythe asked Payne.
'I did not"
The lawyer and witness were
shouting at each other. The former
handed Payne what purported to be
a copy of CAROLS telegram to M.
Hearst and Payne began looking at
other papers attached to it.
What are you doing now 90"
Smythe asked.
II am reading some Of the reports
Mr.. Carroll seems to have obtained
about me. I've got some reports about
him l could show you.'
Smythe then asked Payne If he
had controlling interest in a show
competing with CAROLS Vanities.
Payne answered in the negative ana
Smythe then raised the point as to
guests privileges.
Weren't you there as guest?"
Il was there as a reporter"
DO you always go where you are
invited as reporter"
Wherever l go / am a reporter
first of ALL
Then you are dangerous man
to invite anywhere. are you not. Mr..
Payne?"
Not to everyone replied Payne,
although perhaps for you, MI. Car
roll wanted the publicity. Most
places l am invited to my hosts have
nothing to fear"
Irwin at the morning session had
given a complete presentation of his
views or the party.
Irwin also was submitted to severe
criticism by Smythe for his willing
ness to testify as to the party and
his writing of the stories of the
party.
You're not very reluctant about
testifying, are you?" Smythe asked
him.
Naturally I am"
DO you call your testimony in this
case reluctant?"
We'll, Mr.. Smythe, do you want
me to lie?"
When Irwin testified that the tub,
with Joyce Hawley in it, was full,
counsel told him that would be about
140 gallons of liquid.
Have you ever seen that much
champagne at one time?" he was
asked.
NO, sir" he replied.
When he testified to seeing other
bottles labelled whiskey. Judge Cod
dard cautioned the jury that all label
might be evidence but that it was
not conclusive about what was in
the bottle.
Before the case was adjourned I'M
til Monday afternoon two other writ
ers for the Daily Mirror were ex-
amined. They were Paul F. Lubbe.
reporter, and Robert 3. Coleman, Jr.,
dramatic editor. Their testimony
was substantially the same as that
of the previous Witnesses