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Nm nming to Osteer last year a ONvles speaking over the telphe to the hesdgaarters 'ofies of the Las Wales Polies Departmat said that the speaker at the other sad of the wire had just killed a mae who had invaded his home. The man said he was Captain Charles L. Stokes, lately released from the army, and that he woul await the arrival et the offiots sent to arrest him at the home of his wife's father, a former Mayor oThe police eat at once and took Cap tabin Stohes into custody. He led them to a ravine, just outside the city limits, and there poelted out to them the body of Dr. Ernest R. -Roberts, a prosperous, widely known physician. The body had been pierced by Ave bullet wounds and had been dinfgured by blows from a stout club phth lay close by. At the trial, which has just been con cluded. it was shown that Dr. Roberts had paid ardent court to Mrs. Stokes while her husband was fghting in France, and that she had aooepted-his attentions. Their meetings satinued after the husband re turned and Dr. Roberts was received by Mrs. stokes In-her own home frequently Is the day time while her husband was at his business. The testimony disclosed that Captain Stokes had not slain Dr. Roberts in an ex cess of emotion, nor as the result of a hasty impulse. Several months before he discovered his wife's clandestine associa tics with the physician, and had cooly confronted them in his home, asking his wife to choose between them! Mrs. Stokes protested hysterically that she could not decide between them-rthat she couldn't decide which she loved best. Captain Stokes declared that in such a situation the balance of. her favor be longed to him, her husband, and that It she was not fully convinced that Dr. Rob erts was her heart's preference, then he would use his prerogative as a husband and #emand her friendship with Dr. Roberts be discontinued. Mrs. Stokes, the testimony disclosed, promised that she would have no more re lations with Dr. Roberts. Dr. Roberts him self, Captain Stokes testified, agreed that he would not pursue Mrs. Stokes again. A month later, in October, Captain Stokes returned to his home from a lodge meeting much earlier than whs usual when be attended such affairs. He saw Dr. Rob erts's automobile standing in front of his house. He told the court that he stood for several minutes making up his mind what to do. Then he went into his garage and procured a stout club. He intended, he tes tined, to give Dr. Roberts a beating-but not to kil him. He put his revolver in his pocket, to have it handy for self-de fense should Dr. Roberts prove to be armed. Whem he went to the frout of his house from the garage he saw Dr. Roberts just climbing into his car. Mrs. Stokes was at the door to wave good-by to her visitor. - He rushed to the car and leaped upon the running board and best Dr. Roberts with the club until the physician crumbled in his seat unconscious. Captain Stokes then took his place at the wheel, he testified, and drove the car away, intending to take the physician to his bomne. On the way Dr. Roberta revived, sat up and aimed a blow at Captain Stokes and clutclled at the wheel. The two men struggled desperately. The automobile, unstesred, swerved from~ the road ad down an embankment into the ravine. When the men had crawled out from beneath the wreckage of the car they renewed their struggle.' "Dr. Roberts shrieked at me," Captain Stokes testified: "'Why don't you give her to me-why don't you let mee have her? She has given herself to me and is my wife before God in everythingt' " At that Captain Stokes loet his reason, he said. He threw aside his club and drew his revolver and fired five shots point blank at his enemy. Each shot took effect. Dr. Roberts dropped. His body relaxed. He was dead. *Captain Stokes then made his way afoot to the home of his lather in-law, to whom he told the story of the tragedy. While his mother-In-law hurried to the home of her daughter to be with her when the news was spread, Captain Stokes telephoned- the police to come for him. Now, with the trial concluded, Captain Stokes has been released. He has forgiven his wife and has re-established his broken home. All of their friends were notified by Captain Stokes that if they desired to ontinue their friendship they must forget the tragedy in the past and must forgive and accept his wife as he has fotgiven and accepted her. But the* world at large will not be able, for some time, to forget the tragic episode in Captain Stokes's life, because the judge, is causing nation-wide discussion among people who are interested in the moral progress of society. The question raised by the judge is, "Should not the guilty wife, In such cases as this, be made to bear the punishment for the murder of the other man, rather. than the outraged husband? Is not the wife the one who really is responsible to 'ociety for the taking of her confederate's life, and the husband justified and deserv Ing of public sympathy and protection?' Judge Gavin CrAig, one of the most dis tinguished jurists of California, heard all the testimony In the trial. Captai Stokes,. Who Took the Law Into His Own Hands After His Home Had Been Broken Up by Robert. Of course there could be no compromise of the fact that Captain Stokes had taken the law into his own hands and had taken another's life. He could not bie formally declared "not guilty." But the court foued a way to release the accused by taking the case away from a jury and making his sentence merely an -order that Captain 8tores be released "under 'probation" that Is, under his promise that he would not kill again. In imposing this sentence Judge Craig ordered Captain Stokes to rise and stand before thie bench. Mrs. Stokes 1-ose with her husband and stood by his side. Loo0k Ing sternly at the woman Judge Craig said: "The wife must have realised that some terrible end must result from her contin ued misconduct. A jury of twelve wotnen or twelve men would, I have no doubt, acquit the defendant. Men wh~o brazenly and defiantly despoil other men's homes will realise more fully after this that such a course is extremely hasaidous, and the decision I am about to announce may, there fore, save other homes and protect inno cent children of the community against the acts of persons whose consciences seem to afford no safeguard. "The person most to blame in the sight of God for this entire tragedy i. Mrs. Stokes. But she is not before me for sen tence. If anyone can suggest how I could include her in any action I should be glad to do so. "It is the order of this court that the defeadant be released in his own custody se probation, the probatlonari period to endure for ten years.". Every word the judge spoke thus far he said with his eye. turned full upon Mrs. Stohes. Now he turned to the husband and added, "It Is on your wlfe's account, not yours, I make the period of probation so lon. She might do .something lie ths. 'ii:./ "The Pea Tmge Anyone I Shou Mrs.~ Chale L.SoeteWf a t eh ~k again and we must have a restraining in iluence over you." Public interest was quickly aroused by' the court's extraordinary decision. A, theory, proposed by such a learned jurist as Superior Court Judge Craig, that an un faithful wife should be punished instead of her husband when the latter killed the in vader of his home, was startling. It found immediate support by ministers and promi nent thinkers. Also it found opposition. Dr. Charles Edward Locke, Bishop of the Methodist Church, announced from his pulpit that he agreed with Judge Craig. Dr. Locke declared that fewer men would dare violate the sanctity of a home If they realis~d that they would have to anniver with their lives to the husband they wronged, and that fewer wives would for get their vows and their loyalty to the men who nplae thae honor in thae keeping if taidhless V peon Most to Blame h I Mrs. Stoke.. It rsto Realize aI Can Stuggest How 3 d e Glad to Do So 1/ A -ht Who Judge Cavin Craig Marked shed for Doctor Robert.' Death. they knew they might expect to suffer themselves the penalty of their husbands' justified slaying of the partners in their infamy. There are others, however, who hold that 'such a custom would upset something of the dignity of law and order. The wife's guilty conscience always will be her pun ishiment, these declare, and such a pun ishmient, they say, is more severe than hanging or imprisonment. Mrs. Stokces her self says: "A woman who does not know her own mind, who is too weak, vacillating and in decisive to choose hetween two men, ought to attffer the tortures of the damned. "There is no use in my denving that I saw Dr. Roberts very frequently while my husband was away; there is no use in try ing to pretend that I was not very fond of him. But I am not the type of woman who 8Ver In the Sight of God Cannot Be Doubted vome Terrible End A Could Include Her # # Judge Geels Cwaig i. t* * Cse of Captaia Stei A Punial Middle Her C the' tior TI Dr. Ernest E. Roberts, for Whose Murder Captain stokes Was Released Upon Pre~aios fer Tea Years. seeks attentions from a man. The things that have been s'aid of me along these-lines are absolutely false. It was of his own ac cord that the doctor came to my house almost every day. "It would be difficult to make any one understand the different kinds of suffering I have undergone because of this. The thought of what my busband was having to ~oear, and of what he would still have to undcrgo if he did not get probation, was constantly before me. I could not sit down to eat without thinking of the deprivations which he had. I could not lie down in a comfortable bed without remembering that he slept on a narrow cot in a cell. And sill of the beauty and brightness of the world meant nothing to me when I thought that perhaps he would be shut away from it forever. "When I thought of my itinocent chiil dren, of the shock and horror which would be theirs some day, and of the bitterness that they might feel toward me. the agony of death was in my heart. The fact that through my actions poignant grief had come to my aged mother, and that on her honored name and that of my brothers and sisters had come a shadow because of my conuct, I have felt the lamh of remorse night and day. "The tact that Captain Stokes has come back home, has resumed the same gentle, affectionate manner toward me,.* and is takitag up life just where it was broken by this horrkble affair, is a thint too big, too generous for the world to understand. "Rut there has been a sort of comrade ship between my husband and myself, like the frank, straightforward relations be tween two men. That is why I told him the truth about the other, and I was only trying to be truthful when I sid. 'I cannot choose.' hut people can be stupid, weak anm uit ofn grosenr even in truthful. for This Eti That She Had fust Result.. If In Any Action o Ween .s ament for Erring Wives During the Ages. When Cevicted She and ompanom Were Driven Through a rown and Lashed by the Execu ersa, Care Being Taken to See at the Woman Received as [any Blows as the Man. ness, and I should have had enough cour age to make a decision." Those who believe with the judge r member a 'custom of the Middle Ages, which, when a married woman was discov ered to have entered into an intrigue with a man not.her hueband, summoned ,both the man and the woman before the bar. Whien their guilt was. proven the sentence invariably was that both should be taken into the market places and there, before the Jeering. - ppulace, stripped ,of their cl'ething and Sogged with knotted thongs. Not only the woman was whipped,'nor only the man, bet both of them. The agents of the cotirt enttusted with the duty of be stowing the' punishment were expert. in the wielding of the cruel thongs. Each blow was deliveted with such skill that, It fell with equal force upon each culprit's body. The woman obtained no more mercy than the map. -To punish the womaq who has caused her husband to slay another man and let the husband go free would be to make extremely rare such conditions as Captain Stokes found when he came borne from the army, upholders of Judge Craig assert. The old saying that man always is to blame where woman is conoerned, is pure Action, these declare, for, they say, every wife is queen of herself, and that no man not her husband ean obtain her favor unless she fre'ely grants it. She, therefore, is poten: - tially kuilty of fl)ede when she commits a wrong, for..b6 must expect that her hus band, it.b discovers her, may be led to slepbe~ confederate. She, therefore, should ~M punished for that murder, and she alone, if It occurs, say the supporters of Judge Craig. In the case of Captain Stokes, the courti pointed out, the circumstances wee pecu liarly acesative of the 'wife. Wen the husband learned that Dr. Roberts was vis iting his bome, be brought his wife and the.. physician te to face and asked her to chooge between them. He did not berate her nor vent wrath upon i he phys ce. Hie said to her. In effect: "We are two men. Both love y. 7 lawfully. He unlawfully Teu have wronged me, yet I am ready to fuiw gad4U forget. lie cannot inkrry you,' be already has a* wife, but he wit oatlane ' to love you adld will, perhaps, proteob yee If you wish. Take your choice betwol.,. -and then abide by it." Mrs. Stokis wept and faltered. She be came hystrical. -8he could not cboose, she said, ,since she loved thset both t was then the husband asserte'd hi. rights and orderpd Dr. Roberts troio the house and warnesd him to stay away, , No hue band oord have been expected to de W~ Judge Craig found, and, havivg doe that all further guilt redted with the wt.