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1 STAGE SIXTEEN 4 THE ARIZONA REPUBLICAN, SATURDAY MORNING, JUNE 21, 1919 L1URY FAILS TO ; (AGREE IN CASE i inABERi NC-1 HAS BLAZED TRAIL FOR NEWEST FORM OF OCEAN TRAVEL After Seven Hours and Standing 10 for Acquittal and Two for Conviction, They Are Discharged by-Court Alter deliberating seven hours a jury in Judge Stanford's court was dis charged for failure to agree in the case i.f the state versus Nina Wagner, i harged with the larceny of J1.000 in ash and $1,700 in Liberty bonds claimed by W. D. Thornton. Immed iately after Foreman Bell informed the court that it was impossible to arrive ;it a verdict and the jury was dis missed, Hobert Jp.rrott, assistant oun ly attorney, asked that the case be re wet. Objection was made by G. S. Cun ningham for the defense who stated that a new panel would not be called Juring the hot weather months. "I ask at this time for the defendant to be released on her own recogniz r.nce," said Mr. Cunningham. " Judge Stanford stated that in view of he fact the calendar was crowded until August and the case could not be tried until fall, he would let the matter stand as it was, committing Mrs. Wagner ti the Crittenden Home. He intimated that the nature of the case would not svarrant it taking any more of the court's time. ' Ten For Acquittal The court offered an explanation of bis taking the case out of the hands of .counsel and placing it with the jury, vhich he said was not done with disre spect to the bar, but to teach counsel a lesson. He stated that there was still it witness for either side and arguments to be submitted, but that when none of the five counsel engaged in the case appeared in court at the hour set, he offered the instructions ; The state was represented in the ac tion by County Attorney L. M. Laney and Assistant County Attorney Robert ,'larrott while the defense counsel in cluded R. H. Brumbach, Spencer B. Vugh and G. S. Cunningham. The balloting from the beginning stood 10 for acquittal and 2 for con viction. Comes to Abrupt Close The case came to an abrupt close at I ! J y x!x .aftW "ff is, S fM R&KNcD.MfiUrTa irrrmrrj rertn STJOHN'S I DO4fT moo orrnt 7f. urr t4Jt V v 1 2: Ttr 0- rAc nam i : PL YMOJTH 1r Jl. ?6fh fOPCCO OOVN MT I Ja rotary e n3 A ft HI PLYMOUTH ' Kite cd r&A 2 LUT rikt Ji ? ili '5RAIN t 9 r ,wia OPEN HI! If JOHN 0. DUNBAR 1 LIBEL CHARGE Editor of Weekly Is De nounced in Strong Terms by. County Attorney Milnes, Secretary to Gov ernor, on Stand me wona loonst mine not lar distant future may consult a map like the or.e shown sibove when arranging his summer itinerary. It shows the a route irom new iorn to riymoain. r.nglana. and tne nme of ai arrival and departure, given in New York time. Glenn Curtis, pioneer U. S. air- believes the Azores will become a take passengers to the Azores, man, sees ocean passenger traffic junction, so to speak, of trans- i from whence branch lines wil! by air in the next few He i Atlantic lines. One main line will carrs tiiem to all parts of Ejropo. The route taken from New York to the Azores by the NC-4 is be lieved to be the best one. . neys for the defense were in the court room. The clerk of the court was also noticeable for his absence, and Judge Stanford after repeated glances at the clock read the instructions and sub mitted the case. The morning session was featured by the attack and counter attack of R. H. Brumbach, counsel for the defense, and the witness, W. V. Anderson, counsel for Thornton on the white slavery case which grew out of his bringing the Wagner girl here from Oklahoma. Tho girl had accused Anderson of intimi dating her into making a statement to the county attorney, and- the state called Anderson to explain how he ame to talk to the defendant while she was a prisoner in the county jai'. Says She Admitted Marriage Mr. Anderson testified that Tony Wagner, the soldier husband of the de fendant, came to his office to inquire into the Thornton case. He refused to believe the story told him relative to his wife's previous marriage, her mis conduct and other facts that Anderson revealed. At the request of Wagner, Anderson said he went to jail with Captain Harding and Clyde Downing of the Great War Veterans' association, whose members became interested in I Wairnpr's affairs BANKERS TESTIFY BEFORE SENATE COMMITTEE ON TREATY "LEAK" At first Mrs. Wagner refused to dis- 1 o'clock yesterday when the fate of the cu?s her case, but later, the witness c!rl defendapt was placed in the hands of the jury without counsel being per mitted to argue the case. When the jr.oon hour arrived. Judge Stanford stated that an hour's recf-ss would be aken, and when court convened nei Jher the state's attorneys nor attor- ONE -1387--- USE TELEPHONE AND HAVfc TOUR GROCERIES DELIVERED SPUDS SPUDS 7 lbs. New SPUDS 25 Cents These are nice large ones. 11 lbs. Sugar for. $1.00 With J5.0Q., order of other Groceries. This saves you 22c on every dollar s worth of sugar. 16c 25c 70c 85c California Large can Tomatoes Bulk Peanut Butter per pound 3 lbs. Bulk Peanut Butter 10 lbs. Pink Beans (Why pay more?) Kansas Hard Wheat Flour- 48-lb. sack 24-lb. sack $3.35 S1.75 S1.03 93c $1:28 25c 31c $3.00 65c 18c We make the price and deliver to your door. Mail orders filled promptly. Marvin Smith Grocery Co. 331 East Washington Street. Thone 13S7 Quart Mason Jars, 1 per dozen rint Mason Jars, per dozen M -gal. Mason Jars, per dozen ; 5 large bars White Laundry Soap .... , . . 1-lb. Bulk Lard Compound 10 lbs. Bulk Lard Compound 1 quart Jar Honey Bulk Soda Crackers, per pound said, when confronted with the possi bility of Wagner's lacing courtmartial for accepting stolen property she ad mitted her marriage to James Sibley, her acts of delinquency, even stating that she wanted to confess to stealing the money and bonds. Anderson claimed that when she was about to make this confesison to her husband, he left them alone in the cell. Anderson was not al lowed to give his testimony without in terruption from Brumbach and when he cross examined him, he dwelt on the fact that Anderson had not been in the service. "Uncle Sam did not want a one-eyed man," said the witness in reply to Brumbach's query as to why he. had not served his country. Brumbach vol unteered the remark that while he had not qualified to service he had at- i tempted to drag down a soldier's wife. I Denies Living on Woman J Anderson, white with anger, sprang from the witness chair while the court ordered such line of questioning to cease at once. . Thornton was recalled and testified that he had never at any time used the girl as a "human mint" as she charged. He had never benefitted by her acts of prostitution, he declared. During the cross examination of the witness, he disclosed the fact that he had at one time served a sentence for manslaughter. Lnited States authorities testified as to the disposition of the cash and funds taken from the Wagner girl by special agents of the department of justice. A bond was sent to Mrs. Thornton, and execution levied on $1,000 for Thorn tons fine for the crime for which he is also serving a six months' jail sentence. It was when Thornton made com plaint against Nina Wagner after her departure for California with the cash and bonds that led to his own arrest on violation of the Mann act. Nina was brought here from thecoast and. according to the federal officers, con fessed that she took the roll of bills and bonds from Thornton's shirt pocket while he was asleep. She claimed her right in . that Thornton had failed to live up to his promise of making her the gift. During the long period that elapsed since her arrest, the defendant has aroused the interest of many women of the city wno followed her case with in terest. She has convinced many of her supporters that she is eager to begin life over again and travel the straight and narrow path. Iff if MP w"4 - Hifforr V Denouncing John O. Dunbar, owner and editor of Dunbar's Weekly as "an old fellow with a dirty sheet who should not be allowed to libel decent people," L. M. Laney, county attorney, argued his case before Justice De Souza last evening, urging that the newspaper man be held to the super ior court and a jury pass on the ca.se which he charged should be prosecut ed diligently. F. C. Struckmeyer, who offered no defense for his client, charged with criminal libel, made no response to the axj-'ument, but will submit a brief not later than June 26. The court allowed the county attorney until June 28 in which to file his answer and stated j that he would pas on the matter at 2 i o'clock Saturday afternoon. ent issues were introduced. In each issue was some reference to Milnes. and particular exception was taken by the state to a copy of June 7 in wti-li was a paragraph with reference to Rutherford's "submarine" act which was connected up with the case. The county prosecutor held that the ex hibits to which .Struckmeyer offered objections which were overruled by the court, showed malice on the paP ot the defendant. He contended that the "submarine legislation" cited by Dun bar was a "studied ugly attempt ! viciously confuse." Word Interpreted Laney then ealled witnesses to tin stand to give their interpretation of the article in which Milnes was re ferred to a sa degenerate. Struck meyer insisted that Dunbar was re- ; sponsible only for the language use.; and no more and that a newspapei editor could not be crucified by lh definition of a word by an individual while the dictionary gave a different meaning. The court ruled with the state, and Ralph Rollins, a newspaper man, was called to the stand. Mr Rollins interpreted the article to refe.1 to Mr. Milnes. but he was not asked tr define degenerate, which was left ti Ben Tierce of the state highway de partment, the next witness for thf state. Mr. Pierce stated that he knew that the article in the paper referred to the governor's secretary and that it was casting slurs at Mr. Milnes. He saiil while degenerate might mean deterio ration, the manner in which it was used in this instance to his mind mean; moral degenerate, and he had so heart! it discussed on the street by others who read the article. His comments on the side relative to the WeeUl: newspaper caused many a laugh in thf court room. 0 " Arrested in a complaint sworn to by j Percy R. Milnes, secretary to Governor : Campbell, who took exception to an i article which appeared in the May 31 j issue of the Weekly'in which he was j referred to as a degenerate, the case j was early set for a preliminary hear i ing when counsel for the defense asked I for a continuance owing to the ab i sence from town of the governor whom j he alleged was a material witness. The j continuance was granted, but the gov t ernor was not present nor was he nor j any other witness subpoenaed by the 1 defense. j Defense Is Disclosed There was much time given to i argument of counsel to objections of V testimony, but the argument given by Laney in closing held the particular attention of the crowded courtroom. Laney not only held forth on the point in question, but to articles in general which had appeared in the weekly edited by Dunbar of the personal at tacks "he had gotten away with" until one man had the courage to institute proceedings. The county attorney de clared that his office was always open to anyone who had cause for action. While the defense relied only on cross examination, it was made evi dent what the defense would be, Struckmeyer holding that the defini tion of degenerate was "deterioration" Theater miibi iiiiiiTO mma mi Riverside Park The jazz orchestra at Riverside frarl. has been augmented by the addition o! a violin, and there is now not a bettei dance music organization in the stat than the one presiding over the des tinies or the pavilion at Riverside- Tlv dance will be conducted as usual to night. I The concessions are running I .! blast all the time, and present a rcgii:.t midway appearance. New ones will 1" added as quickly as they can be broug'ii: in. and the Riverside "pike" will stead ily grow. The changes in the landscape and surroundings of the park have addd materially to the beauty of the resort. More of tnis sort of improvement is un der contemplation at this time, nini work will be started at once. Tomorrow there will be staged an other big water carnival at the poo'. The Republican tomorrow niorniiig will carry full particulars of this program. Last of '"The Red Lantern" The conflict of a soul burdened with lc 1 r ili t-ifinc? ttit. ml und lh. and had been used by Dunbar in that j emotton8 ot two races is the story tol.i in Xazimova's great master spectacle. left to right, above :'J. P. Morgan, Frank A. Vanderlip, H. P. Davi wn and Jacob H, Schiff. Below: Thomas W. Lamont. The senate foreign relations committee began its investigation j into the "leak" of the peace treaty into Wall street by summoning J. P. Morgan, Thomas W. Lamont and H. P. Davison of the Morgan & Co., and Frank A. Vanderlip, until recently president of the Na tional City bank of New York, to appear as witnesses. Jacob H. Schiff, another prominent New York banker, is also expected to testify. Lamont is in Europe and may not appear as a witness for several weeks. As the investigation proceeds it is probable that the list of wit nesses will be enlarged until every large financial institution in Wail street is represented. The subpoenas already issued carry with them instructions to tha witnesses to submit corres pondence passing between the New York offices of J. P. Morgan & C-. and Kuhn, Loeb & Co. and their foreign representatives bear ing on the peace treaty. pecple of Arizona in support of com prehensive plans for the accomplish ment of the aforesaid purposes, and to recommend such general public or pri vate action and action by other or ganizations as may be decided upon by this organization." NIL IS ISSUED TO ORGANIZE FOR GREAT RECUWUTIOIIIVVORK YDUBEG MAN GAVE BAD CHECK IS CHARGED LOS ANGELES FIRM HIGH CHOOL GIRLS TO S SELL TICKETS T lit MEMORIAL High school girls will rally today in an effort to sell 1000 tickets to the Luke memorial tournament, to be held at the state fair grounds one week hence. All former and present students are urged to take part in the activities, which will start early this morning and continue until late evening. Mrs. Payne at the .chamber of commerce will be directly in charge of the sales campaign today. All girls who can possibly do so are requested to report at the chamber of commerce this morning, where they will be organized into teams and al lotted certain sections of the business district. It is planned to have the committee or teams in the business district throughout the morning, afternoon and evening hours. Sales plans will be conducted along practically the same methods used in Liberty loan and war saving stamp campaigns. At least 200 girls will be necessary to make the event a success, it is de clared. Many of the girls will be able to work only a few hours in the after noon or evening, but these ere re quested to donate whatever time pos sible to the drive. Numerous other plans are being worked out by high school students for making the tournament a complete success. A general mass meeting will be held at the high school auditorium Monday evening at 8:30 o'clock for the i purpse of completing details. The temporary committee on organi zation for the big Arizona reclamation project met last night and set the date for the first conference of the Arizona committee on co-operation and organi zation, which is to-be held in Phoenix next Wednesday, June 25. at noon. The meeting will be at the Arizona club at lu.icbeon and will be of great impor tance. A constitution and by-laws will bo adopted, means of financing the work take nup, officers elected, and other matters o fimportance discussed. Among those who will be invited to become members of this committee are the committees o the realty board and the chamber of commerce that already have shown such interest in the matter; representatives from the Water Users, the Sentinel, Gila Bend. Hassayampa, Buckeyi, Agua Fria. Par adise valley, Marinette, S. W. Cotton company. Florence. Santa Cruz. Casa Grande, Maricopa, Gila Valley, San Simon. Bowie, Pomerene San Carlos projects. Representtives of such civic and business organizations as the City of Phoenix Arizona Merchants' associ ation, M. M., Rotar yclub, Kiwanis clul. Phoenix Women's club, and nu merous other organizations, will be represented and have bee nnotified to send their representatives. The committee on organization that is sending out the call consists of Guy V. Nevitt, chairman; George H. Max well, Andrew Kimball, W. R. Elliot, F.alph Murphy, and C. M. Morgan, sec retary pro tern. Headquarters pending final organization-have been estab lished at 119 North First avenue, where preparations are being made to launch the campaign that is to accom plish the purpose of the committee, which has been stated in the proposed corstitution of the organization as follows: "To accomplish the complete con servation and utilization of all water falling on the watersheds within the state of Arizona, and the utilization of the waters of the Colorado river for the reclamation and permanent irriga tion of the largest possible area of land in Arizona, under the Newlands-Olm-sted plan, of the flo w of the Gila river an dall its tributaries, so as to control floods and standardize the flow of the river and tributary streams throughout the year, and store all er ratic of surplus flood waters in under ground basins to replenish the sup piits from subterranean sources and c:er.te a reserve supply for years of water shortage, and to that end to bring into harmonious co-operation an. co-ordination all irrigation pro jects in the state .and to unite tt Charged with passing bogus checks, Fred Richards was taken into custody by Police Officers Crowe and Fuerriegel late Thursday afternoon. He was later arraigned before Justice Frank De Souza and released on $300 bonds. Richards, a popular Phoenix young man. is alleged to have issued several small checks to different busines men of the city. When the checks came back-marked "no account," action was taken by one or two of the men to re cover the amounts involved- Richards is 19 years old and employed at a local office. I l l GROCERY 1ERESTS SPECIAL COICLAIE F MM Sir Knights of Phoenix commandery will hold a special conclave in the Ma sonic temple Monday morning at 4:30 o'clock, to confer the templar degree on three companions. This early morning session is not unusual as this com mandery knighted several sir knights two years ago. and on other occasions, held early conclaves. This will be the last meeting until after the warm sea son is over and it is desired that every frater will make an effort to attend. A good breakfast at one of the best cafes will be served about 8 o clock. Any sir knight who desires to be called by phone and who has an auto, will be accommodated by calling up the re corder. TOO LATE TO CLASSIFY - REWARD OFFERED for return of young, short haired Airedale, dark, with small white spot on chest. Phone 1257. L. H. Chalmers. dg FOR RENT Nice room with use of screen room by week or month, close to capitol and street car. Call at 1516 West Adams. tf A.Mtu hpanisn-speakmg young man for canvassing. Must have good reference and some experience as sales man. See Mr. Rountree, Washington hotel. dd WANTED Job in a small creamery or dairy. I can make butter and am ennrl milker r09 Fast Sth St.. Temne Announcement of the sale of the E. S. Wakelin Grocer Co. of Phoenix to Haas Baruch and Co., of Los Angeles was made yesterday by W. W. Ed wards, manager of the company. Change of management will take place July 1, when Mr. Wakelin will retire to devote his time to the Citizens' State Bank of Five Points, of which he is president. "Xo changes in administration of business affairs will take place for a lime at least." said W. D. Berry, head Oi the Haas Baruch and Co., interests in Arizona, yesterday. "J. M, Taggett, connected with our sales force, will re main with us as heretofore. Mr. Ed wards will be connected with the or ganization in practically the same ca pacity as at present." The company's office at 35 South Center street will be discontinued after July lj Mr. Berry added,' when it will be installed at the wholesale grocery. corner of Fifth avenue and Jackson street. The E. S. Wakelin Grocer Co., organ ized in February, 1899, is one of the oldest business houses in Phoenix. Es tablished first as both a retail and wholesale house, it continued for 10 years as a store in the Fleifiing block. now occupied by the Phoenix Savings Bank and Trust Co. The grocery was then moved to the coi ner of the O'Neill block, and for five years it rerjained there. In 191S the present building was constructed, and the company thereafter engaged in the wholesale grocery business exclusively. W. W . Ldwards, present manager. assumed control in 1910, after the death of L. Lachance, and has ably conducted tho business through a remarkably successful period. as-suc- :;stlod b hangnfelid "I want to thank the trade for their loyal support," said Mr. Edwards yes terday, "and I hope they will transfer it to the new owners. As retailers we were in a sense, distributors of the Haas, Baruch and Co. line of groceries, and so, in a way, the firm has always been interested in this concern. Haas, Baruch and Co. have been in business in Arizona for 48 years. o SUCCESSFUL CHARLES " Charles M. Schwab's resignation from the shipping board led a New York broker to say: ! "Schwab succeeds in everything. It's a whole hog with him every time. ' 'I said to a banker one day In pre-war times: " 'In regard to that pool you were getting up did Schwab take part?' " 'No,' said the banker. 'He took all'." Exvbauga. sense. He aeclarea mat tne racis in the complaint did not constitute a public offense and that the language ; used was not libelous. ' Laney held to the contrary, claiming that the term "degenerate" held the complainant up to contempt and ridi cule. He contended that the use of the term "moral gents" in the same paragraph coupled with "degenerate" clearly left but one interpretation, and that was "moral degenerate." Dunbar Leaves Despite the hot evening the court room held more than its seating ca pacity, prominent state officials, poli ticians of both parties and men about town being present during the three hours' session. Before the argument Mr. Dunbar asked to be excused, and neither he nor Mr. Milnes were pres ent when Laney bitterly denounced the defendant's alleged libelous attacks. Mr. Milnes was the first witness called by the state. He stated his name and official position and was shown a copy of the Weekly in which the objectionable article appeared. Laney offered it in evidence at this time but objection was made on the ground that he had failed to establish Dunbar as the owner and editor. Under cross examination he was asked where he had passed every year of his life from the time he hnd grown to manhood. lie said mat oeiore coming to Phoenix he had lived in Prescott and prior to that in cauior nia, citing the different cities in which he lived and the length of time he had resided in each place. Mr. Milnes said that after he completed his education in Santa Clara county he had read law in San Francisco, but had never taken the bar examination. He was a news paper man by profession, he said. Editor Identified He was asked if it were not true that he had published many editorials in the Prescott Journal-Miner of which he and his brother, J. W. Milnes, are owners. His "no" was heard above Mr. Laney's objection on the ground that if there should have been one libel it would not excuse another. He was then asked concerning the intimacy between his brother and the governor, but declared that no letters had passed between them nor had his brother called or telephoned Governor Campbell since he took over the of fice of governor. Later, other witness brought out that the -article in Dun bar's could not have referred to any other Milnes but the complainant, Mrs. Con Cronln, wife of the state librarian, and a clerk in that office, identified Mr. Dunbar as the proprie tor and editor of the Weekly, and seven copies of the paper of as many differ- The Red Lantern, which will l.c ol -fered at the Columbia theater for the last, times today. "The Red Lantern" is truly colossa' when It is judged by the combination of the supreme artistry of its brilliant stui- and by the sumptuous environment provided for her and her supporting cast. It has the added value of beint; based upon one of the most talked of novels' of the decade. "The Red Lan tern," a romance of the ancient city ot Pekin from the pen of Edith Wherry. The total cost of producing the "Red Lantern" was, in round figures, Si'"1. 000. The time required to make it was six months and 17 days, 19 weeks in ac tual production and seven weeks and three days devoted to elaborate re search work carried out by June Ml"i is and Albert Capellani, who made tiv screen adaptation and scenario in order to insure absolute accuracy in the mat ter of Chinese life and customs. In this they were aided by several assistant librarians of Los Angeles an-! Hollywood, so that before a scene was photographed, they had amassed1 a wealth of material that assured au thenticity in every detail and also sug gested many bits of quaint business. throwing truthful sidelights on the characters of the inhabitants of the an cient capital of China. "The Red Lantern" is nnouestionnblv one of the big film plays of the screen. It is equal in size to many of the biy super plays of former years and is de clared to be Nazimova's greatest un dertaking. There will be five eomplet? shows today, starting at 2:15 and con tinuing until 11 o'clock without intci -ruption. A Strand comedy is the augmenting feature for today only. Tomorrow, "Laughing Bill Hyde." a Rex Beach story starring William Rog -ers will be the feature. THE DIFFERENCE (Edinburgh Scotsman) Male Shopper My wife sent me fo: some fillet. Clerk For yourself or for her? Male Shopper What difference doc. that make? Clerk If it's for yourself, it's beef; if it's for her, it's lace. MORLEY'S OPEN NIGHT CABARET AND DANCING L RIVERSIDE U PARK DancingToDigKl The Pool Is Always Open Look Over the Concessions Have Meals at Riverside Restaurant Big Water Sports Tomorrow The House Of Comfort The Home Of Good Music, POSITIVELY LAST TIMES TODAY . Performances start at 2:15; 4:00; 5:30; 7:15; 9:00 AZ..I MO VA In her latest success "THE RED LANTERN" Prices 20, 30, 40c War Tax Included "LAUGHING Beginning Sunday BILL HYDE" a Rex Beach Story