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- The Story of Mrs. Whitelaw Reid's Club for American Girls in Paris Will Be Told in The Sunday Call VOLUME BILLION DOLLAR MERGER LATEST FINANCIAL D[Al‘ American Telephone and Tele- graph Co. Absorbs West- ern Union’s Vast System CVL—NO. Successiul Outcome of Monster Consolidation Looking to Con- trol of Wire Communication Sale of Gould Stock Made Pos- : sible Gigantic Scheme of Telephone Magnates { FACTS ABOUT THE { MERGED PROPERTY Total preperty value of telephome com- pany £545.045.600 Total property value of Wenstern Union telegraph compuny . 124.086,920 Total value of bimed properties. ... 5669,132 Axsocintes corporations gaged in the telephome business, whose stock résts the parent con- com- en- a majority of in the treasury { cern { New York telephone H compan: $50. 000 { New England tcle- phone and telegraph 31.700.000 company Bell telephone com- pany of Pennaylvania 31,150,000 York and New ¢ Jersey teiephone * company Southern New 100,000 Bell tele- phone company 21,400,000 { Cumberiand telephene 2 and telegraph com- : pany 15,000,000 ! Chicage telephone { company 17,500,000 { Western telephone and telegraph 16,000,000 Bell telephone com- pany Cannda Number of messages transmitted annu- aliy by telephone company 5.956,500.000 Number messages transmitted annn- by Westers 65,053,000 pmpany o1 2.500,000 of ally Union Miles of wire in tele- phone system Miles of wire in teleg § ®rap wtemh 1,352,509 8,089,579 i telegraph Western aph company )e necessa to include s f bonds and stock of e and telegraph company sition of the Western Union | sompany hag been in gress « ths, and only a suff asure control . . was_taken over | dinal . L rEs will sa i $ e telegraph- ing a ele £ Sale of (lould Stock | NEW YO A 6.—The W n one pet p 't the te Jay Go s been < a fam fe a generatior nd was by e sale of Gould stock at the| rger was accomplished While the report has been irrent the Mackay companies, controllin e Postal telegrap mate will be i ludecd | reorganization. no confifmation of this 11d be obtained in New k. Om-| f the Postal were emp that | e company woulé remair pendent. | e present cdpital of the telephone | stock and $228,000,000 in bonds. The | Western Union has,a capitalization 0‘1 000,000 in stock and $40,000,000 in | s1 vo as | of the Western Union the stock exchange Stocks ree points o he passing of control. on the news of Official denial was given this after- oon of reporis that President Clowry | and Assistant General Manager Bar- ay would resign from the Western | Union. It wis réported that William H. Baker, formerly vice president and | general manager of the Postal tele- graph company, would become general manager of the Western Union. —_— SUICIDE FOLLOWS CALAMITY -New York, | Nov. 16.—Loss ‘of his son and wine employes | o the Sre which destrored his comb factory in | Brooklyn last week ix believed to have been he cause of the suicide today of Robert Mor- besd of the Srm which conducted. the cstablishment. Morrison's body was found in (he batbroom of bis home, where be had turped on the gas and died of aspbyxyintion. e AT S A ACCUSED OF SWINDLING —Valiejo. Noy. 16.— Waldon R. Ross, sccused of passing a ficti- tious check on the Mouticello steamship wom- rison, | winds, make | pany. was arrested o San Fraucisco apd -brougbt bere todag, 170. INDEX OF THE SAN FRANCISCO CALL'S| NEWS TODAY RDAY temperature, northeast wind: maxi minimum temperature, —Cloudy; 56 light east Page 15 FORECAST FOR TODAY-—Cloudy Cony atulations due to Oskland. Dynamite as a moral agent Page 8 | Shameful disregard for buman life. Page8 | POLITICAL bable candidacy of Governor Gillett for fon presents difficult problem for Lincoln- iy league Page 16 | CITY Rufus P. Jennings tenders his resignafion as chairman of the California propoticn commit tee Page3 Widow August Chamot take cure apnulment of death. Relatives Cheva prelimina ps to = age who is reinstated with rank of I plan at meeting cial bodles. Page T »etus given convention b ot firm purchased by the Studebaker any to open a big automobile Page 7 Id in park results in suit for di Page'? raising fur seal pups by hand | t extinction of spe cles. Page 4 sths for bond election to remain in as in the recent municipal elec. Page 16 < James Mclachlap urges that a gove of nships be placed in service between Pacific coast points and the | stbmus of Panama Page 7 ne of the founders of Bowen & Co., dies of at his bome in Alameda Page 16 | SUBURBAN Seven towns added to the municipality of Oskland by the apmesation election beld ses terdny Page 1| attend Richmond carnival La Selle is elected to be ee investigates scene 11 show pose can find po disagreeable aroma red spite fepee Page S en students of the state university plan sm for dance to raise bullding fund Page 9 G s of Polrtechnic bigh schol to give fMon of season. Page 9 Miss Ruth Hougbton, at beautiful bome wed ding, becomes bride of Seymour Hall Page 8 Oskland police chief may be given dew title eased pay. Page 8 So girls walt on tables st Sap Leandro hamber of commerce banquét Page 9 Berkeles names speeial charity commission to st benevolent soclety in work Page 8 m Plumas county Page s ayes divoree suit comes up for fpal cour day PageS | comedy to large - erself in bo al, ving her and objecting fo accert alms, say s shamming to obtain belic she Page 1 | % ., | of the annexed territory, ‘were strong shrieks in horrar when Joe Armes’ | . sed garments are introduced® as evi- | fOF annexationfor this, besides other Page 1 |reasons. Lower taxes, better fire and inspector of United States reeis- |police protection and a chance to share mation completes inspection of Heteh |y the development of Oakland as a Hetcby Page2 £ commercial center were the principal Musbet demands recount of ballots cast at | Fusd r Los Angeles prin election, alleging fraudg |Other arguments used by the proponents every distriet Page 3 | of annexation. Wild man who dwells in a cave terrorizes | The chief opposition was in the vicin- sidents in vicisity of Hopland. Pagel | ity of Fruitvale avenue and East Four- EASTEERN teenth street, where a 5 cent fare is Horace MeKipley reargested on release from |now enjoyed. But even in precinct 5, | prison and faces new trial for land fravds. P35 American telephone and telegraph company ah s Western Uinion telegraph company. which 1 fect a billion dollar merger, Page 1 } gress is expected to make an investigation of the sugar scandal. Page 2 Troops called to guard Panl mine and balk alleged plot to dynamite officlals and rail road president Page 3 | FOREIGN Former chief mistress of ceremonles to em peror of Korea describes visit of Alice Rooseveit (Mrs. Longworth) Page 1 House of lords to reject Britlsh premier's finance plans and force appesl to people. Page § Pope Plus celebrates bis episcopal jubilee and rumor says Mgr. Faleonlo will be created car- Page 5 Provisional government organized by Estrada at Bluefields, Nicaragus, and attack of Zelaya awaited. Page 5 Drnamite exploded in ball of Crete chamber of deputies and annexationists credited with outrage. Page 5 Steinheil sued for damages by American Page 5 Mme, newspaperman for false accusation. SPORTS Portland will bave only one ball club in the fleld next season Page 11 Henry Plet attributes defeat at bands of Wol gast to weakened condition. Page 11 Jay Dwiggios elected captain of U. C. football squad for 1910. Page 10 Johnpy O'Keefe signed to meet Joe O'Connor ! and Martin Judd at Point Richmond. Page 10 “dward Corrigan, veteran of the turf. files petition in bankruptey. Page 10 Olympics will meét Barbarians at Rugby next Saturday on Presidio grounds. Page 10 Governor of Colotado declates Jeffries and Jobnson can mot fight in bis state. Page 10 George La Blanch, former prize fighter, asks forgiveness at gospel mission in Boston, Page 10 Polytechnle high scbool and Hitehcoek military academy meet in baseball todas. Page 10 Gambler fn bis will asks executors to pay back all the money be w, Page 10 Basket ball teams of Bt. Mary’s and St. Jo- seph’s will play off rivalry in Oakiand to- . Page 10 Nationals and Athleties will line up for first game in San Francisco this afternom. Page 10 Betting at Emeryville will be by memory system introduced by am expert from New York. Page 11 MARINE Liper Alameda arrives from \bnolnln with passengers and cargo from tropies.. Page 15 SOCIAL Announcement made of the betrothal of Miss Margaret Thompson dnd Ensign Charles C. Har- Ugun, U. 8. N Page 6 | of Charles Webb Howard sues to gain | . on Marin county ranchPage 3 | Page 2 | clear former Chief of | Page 2 | Joseph Comboy, former captaln of \ trlal for the murder of Bernard Page3 Page S | Page 4| berner divorce suit transterred to | Page8 | GREAT VOI[ 10 MAKE OAKLAND A GREATER CITY Annexation of Seven Towns In- spires Desire for Consolidated Form of Government | EDITORIAL 3 | What does Spring Valles really want? Page 6 | . Marketing California fruit Page 6 | Practically No Opposition at the Election Merging the Out- lying Districts !l TOWNS ADDED TO | CITY OF OAKLAND o) | nicipality | § greater Oakiana: FRUITVALE MELROSE CLAREMOX DIMOND ALLENDALE | FITCHBUR: | ELMHURST | R A A i A2 | | [Special Dispatch to The Call) | CAKLAND, Nov. 16.—Greater Oak- with a population conserv- estimated at 300,000, today by The old « i 16.—Here AKLAND, Nov. are the districts that have have joined with thix mu- in becoming la d, a city | atively | atea was cre overwhelming vote ty was virtually unanimous | in favor of taking in the outlying dis- tricts an The outlying districts ex- | presseq their willingness to become | part of Oakiand by a vote of 2% to 1 | The second desire of Mayor Mott and | the city administration, enthusiastic- |ally backed by all the civie, indus- | trial and fraternal organizations of the city, and earnestly worked for by hundreds of citizensg was thus accom- plished. At day the city | overwhelming front itable ‘ the bong election yester- .of Oakland voted by an majority to develop its and construct modern and Today the project to malke a greater city met with a splendid success at the polls. Fruitvale, Melrose, Claremont, to water municipal buildings. Di- mond, Allendale, Fitchburg and Elm- hurst will now be a part of Greater Oakland. | In Oakland the opposition was nil. | The proportion of votes cast was 50 to 1 in favor of annexation. In some pre- cincts not was registered one vote against annexation. | Practically No Opposition | In the outlying districts sentiment sirong in favor of annexation with the exception of two precincts in the heart of Fruitvale. the present 5 cent limit of the Oakland traction company were strong- influenced by Mayor Mott's promise that fares would be only 5 cents in all |was fare 1y | parts of Oakland after annexation. Elm- which comprises lower Fruitvale, an- nexation carried by a vote of 130 to 1128, This was the closest contest. Mid- ldl@ Fruitvale registered 207 votes for | annexation and 131 against. A majority { vote of the whole-outside district taken | together and of the city proper were | necessary to carry the eiection. Early in the day it was apparent that the opponents of annexation were ral- lying in Fruitvale to attempt to bear the project to join Oakland. Workers from Oakland were rushed to the spot {in automobiles and the liveliest kind of | canvassing . engued. The campaigners for annexation, sure of success in Oak- land and confident that success was much more than probable in the other outlying districts, concentrated their efforts in Fruitvale. During the after- noon Oakland was almost empty of automobiles. Hundreds of them wers loaned by their owners for the pur- poses of the campaign. How the Vote Stood In Oakland 7,928 votes were cast in favor of annexation and 1680 against. In the annexed districts 2,179 votes were for annexation and 837 against. The vote by wards in Oakland was as follows: First ward, 1,638 to 34; second, 1,203 to 15; third, 882 to 18; fourth, 867 to 21; fifth, 1,065 to-21; sixth, 717 to 19; seventh, 1,461 to 82, In the outlying districts the vote was as follows: Fruitvale No. 1 (Latham terrace), 275 to 63; Fruitvale Nos, 2 anll 3 (Dimond), 186 to 69; Fruitvale No. 4 (Middle Fruit. vale), 207 to 131; Fruitvale No. § (Lower Fruitvale), 130 to 128; Fruit- vale No. 6 (Allendale); 320 to 151; Fruitvale No. 7 (Melrose), 454 to 126; Claremont and part of Piedmont, 34 to 7; Brooklyn No. 1 (Fitchburg), 386 to $5; Brooklyn No. 2 (Elmhurst), 187 to 57. Area of Territory The territory annexed to Oakland has an area gréater than that of the city itself by 50 per cent. There are 24.09 'square miles in Oakland pr per and “GRL STARVES AND R IMs REFUSE MONEY = Physician Says Heiress Imag- ines Herself a Pauper and Declines to Accep: Alms Sister in Law Declares Younyg Woman Is Shamming lliness to Secure Money [Special Cable to The Call] SACRAMENTO, Nov.16.—A case that is puzzling physielans and nurses alike is that of pretty Miss Sarah Cole| ‘uf Qroville, aged 22 years, who, al- though lying near death at her:room {in this city, has been refused money | and aid by her two brothers at Thomp- Flat, just across the Feather| | river from Oroville. A request for as- | sistance has brought forth the startling | | reply that she is only feigning sick- | ness in order to force them to pay her | bills, and that she has been in a habit | sons | of doing this. Whether there is anything in the | charge of the relatives or not, the| physicians are having great difficulty All districts beyond | | hurst and Fitchburg, at the farthest end | ., | ties on this oont- i Loy . in keeping the girl alive, as she | slowly starving herself to death. For | more than a week she has not touched food, and she refuses to take any kind of nourishment. In her weakened con- | aition imagines she |and thinks to | accepting alms. | Heir to Large Estate Two nurses have had charge of Miss Cole for days, and she is at- tended by A. F. Higgins, who says he has sent repeated messages to her relatives at Oroville, but has received no answer. He says: “This is the is she is a pauper,| receive food would be several Dr. most peculiar case I have ever seen. The young woman, I understand, is one.of the heirs to al large estate in Butte county and has three or four brothers. Her mother and father are dead. She 1s well ed- ucated, is refined and a_ lovely girl She is slowly starving to death, her mind is failing, and if her condition, | made possible by reason of the down- right cruelty of her relatives, is not changed speedily whe il dle" Trick, Declares Reiative Mrs. Cole, a sister in law of the girl, was communicated with today at Oro- ville and mad? the following startling statement: “If she will come to Oroville and enter a hospital We will take care of her, but she has played this game be- fore and her brothers are about tired of t. Tell her to eat something and she will be all right. This is an old trick of hers. Whenever she wants any -new | clothes she goes away, purchases them and charges them to her brothers. Then she conveniently gets sick at a | hotel and sends word home for her relatives to come and pay ler bills, “There will be nothing doing this time. Her trick is to refuse to take food. I do not believe that she is sick now. I think she is faking.” Miss Cole formerly worked in the Oroville telephone office and was a great favorite. PR ) MARGARET ILLINGTON AND “HUBBY” MISSING |E. T. Bowes, Tacoma Million- aire, and Bride Disappear [Special Dispatch to The Call] PORTLAND, Ore., 16.—Margaret Illington-Frohman-Bowes has probably | gone into seclusion to “darn socks.” At |any rate she and her “hubby.” Edward T. Bowes, the Tacoma millionaire, have disappeared from sight. Newspapermer. for two days watched all trains through Portland, without results, and now word comes from Tacoma that the bridal party can not be found in that city. Rumor will not down, however, that Bowes and his bride are in seclusion in Tacoma. Servants at the millionaire’'s home there deny to newspapermen and callers that the sought for man and wife are spending a quiet honeymoon within the walls of their own mansion. It is said that a hurrying automobile Sccupied by a man who looked Iike Bowes and a woman with classic fea- tures, much after the style of certain magazine portraits, was seen to draw up at the Bowes home in Tacoma. —_— NAVAL COALING STATICN | AT ORCA BAY, ALASKA One Result of Protest Against " Chartering Foreigh Ships SBATTLE, Wash, Nov. 16.—United States engineers are making surveys and preparing machines for a naval coaling station at tle head of Orca bay, Alaska. There is an abundant supply ‘of coal within convenient distance of the bay, and the coal is equal ln\s(nm qulllty to any in the avorld. The navy department. has heen ‘en- gaged in controversy with the com- merclal bodies of Puget séund, which insist that Pacific coast coal be burned by warships, although naval officers say that the coal avallable is inferior. Further, the shipment ‘of naval coal from the“Atlantic coast to the Pacific in British'ships has led to such strong ‘protests from shipping men that _ the government is considering the ship- ‘ment of coal clear across the conmmu by rail at hi vy colt 3 K 1 Nov. ment. o put an end*to m» '»Ifian SRl L < 5 gk = O. = 5.5 o O, s TR o . Tl L Mrs. Eva Francis Suydam one of the in the scandal over Thomas Matthews’ ?nnapals | eral | i WILD MAN MAKES HOME IN A CAVE “Lair of Robber Whe Has Terrorized Countryside [Special Dispaich to The Call] UKIAH, 16.—The residents of mountain Nov. the section near Hopland have been terror stricken for the last few days owing to the fact that a wild man is reported to be in that vicinity, but from the depredations he has com- mitted and the -way he has eluded capture some think that there is a professiorial criminal at work. At the different farmhouses things have been last few months, but to missing: for the not until today was there a clew where the plunder went. People of that section formed a posse this morning and started a hunt for the offender, and at Squaw Rock, a point ‘on the Northwestern railroad, they found a cave and frém this 10 undergrolind passageways lead in dif- ferent directions.” Inside the cave were found: indications that some one had left there biit a few minutes Dbefore. probably having watched the from sonte distant point and then made good his escape. There were .. also found several’ old ~watches, = pocket knives, clothing and. different articles collected ‘from ‘the nearby farmhouses. The posse then:proceeded to search for more caves, in ai endeavor to find the end .of seme of ;the passageways, and while so hunting they saw. a man running along the mountain.side and suddenly disappear from sight. =, On going to’the spot whiere they last saw the “fugitive they found that he had jumped into a’ passageway, that had been covered with brush and.which had enabled him to enter or depart when- ever he saw fit. An old.Italian who lives in a_ lonely hut in the mountains near by stated to the posse that the wild man of the hills had visited bis place, at differeqt intervals and stolen flour and meat |, and that he had put poison in'boih articles, but the wily intruder avolded the poisoned goods. The Italian;said that his visitor was about 35 years of age and of the halfbreed Indian type. He though there were two men. A large posse will' continue the search in an effort to find the end of the passageways, while a watch.wm be kept up day-and night at the main ‘cave. GEORGE CROCKER ILL IN'NEW YORK HOME Ailment Is Said to Be Serious Disorder of Stomach . NEW YORK, Nov. 16. — George Crocker, son;of a multimiilidnaire Cal- ifornia pioneer, is seriously ill at his Fifth avenue residence. His older brother; Willlam H. Crocker, recently || hurried. ‘trom_Europe qfl‘ is now wi him. m!yllchnl ‘have not made known the dtuo of his iliness, but it n\..m B wbea“;fllorerolth omch‘ Ranchers Near Hopland Find| posse | POLICE ASKED 10 PROTECT CORTEGE Scene Created Between Step- mother and Supposed Fiancee of Late Vallejo Capitalist [Spegial Dispatch to The Call] VALLEJO, Nov. 16.—Respectful | solemnity in the observance of the last funeral rites and the traditiéonal calm and quiet that'are supposed to be born | out ' of ‘sympathy for tNose suffering under the burden of, a_sacred grief| were rudely dispelled at the {unemu here today of Thomas Matthews, step- | son of Mrs. Margaret Matthews Belt, | the wealthy proprietor of Harbin | Springs. Over the flower decked casket con- taining the earthly remains of the de- ceased heir of the Belt fortune two women, each clad*in deepest mourning, clashed \ in a: conflict of verbal atta®k, charge and countercharge that set gossip on edge throughout the city and thdt promises, unless stifled by outside intervention, to develop into a scandal of the most sensational kind. The principals in this quarrel, which led to police surveillance of the home where tife ‘funeral services were held and to the collection in that vicinity of a throng of curious onlookers, were Mrs. Margaret Matthews Belt, step- mother of the deceased, and Mrs. E. F. Suydam, who claims to have beén Mat- thews' affianced wife. Bitterest animesity between - these two, women, each of whom claimed so great a heart interest in the man. who was'ealled Sunday by death, led to the loutbreak of open warfare between them even: before his body had ;been cbn- signed to {its last resting place. Mrs. Suydam’s tribute to the merhory ‘of the | man whose love she claims to have had was coldly rejected by the stepmother, Mis. ¢Suydam herself was ordered to remain away from the home wWhere the services were being held, police were cllled upon to enforce this command and Mrs. Suydam retaliated by insin- uatlng that some hidden secret lay be- hind Matthews’ death and that it would bear a .thorough inevstigation. Though the most violent outburst of the quarrel was quelled and partially lsmoothed_over before the time set for the funeral services' at the home of Mrs. Belt, news of 'the trouble between the . two, women spread like wildfire and crowds gatlered before the house, half expecting some new disturbance to_interrupt the progress of the sol- |June 5 last, PRICE FIVE CENTS. AL TRIALOF - ALMABELL LAUNCHED Girl Slayer Shrieks in Horror When Blood Stained Gar- ments Are Shown Aged Mother Shields Daughter’s Eyes From Sight of Dead Man’s Clothes Prosecutor Outlines New Evis dence in Opening Address to the Jury Prisoner Alleged to Have Long Carried Revolver and Threat- ened to Kill Armes By ARTHUR L. PRICE [Special Dispaich to The Call] UBU Nov. 16.—Alma Bell's A aged mother made herself to- day a broad maternal screen to shield from her daughter’s eyes the sight of the blood stained garments of the dead Joe Armes, which seemed in court to epitomize all the woe | caused by the killing of the man by his sweetheart. With tragic calm the old woman from the foothills stood in the center of the courtroom, while be- hind her crouched the girl who had killed her lover. Before them stood Special Prosecutor George W. Hamil- ton, ~offering identification the clothing Joe Armes had worn when he was killed. When the garments were presented by the prosecution to be identified by Frank Armes, brother of the dead man, Alma shriecked in horror and grief at the ghastly reminder of the tragedy. The brother on the stand wept, and at one side of the courtroom the widowed mether of Joe, huddled in her mourn- ing garb, cried silently, while near her sat a sister, sobbing. The woe caused by Alma Bell's bullet seemed concen- trated in the courtroom. Jurors wiped heir dampened glasses. Sorrow for Defendant There was sorrow for Alma Bell to- day, which was the opening one of her actual trial for the killing of Armes and there was also the introduction of particularly strong evi- dence against her. It was asserted that as long ago as December of last year, six months before she killed Armes in what the defense claims was a moment of temporary insanity, the girl carried a pistol strapped to her leg below the knee, and that Indirectly she then threatened Joe with death if he nes- lected her for other girls. Frank Armes, who was the chief wit- ness today. testifieq to that matter. He and Alma were driving to Au- burn from a dance at Rock Creek some time during last December, he testifled. Joe Armes had been at the dance, but had gone home' with some other girls. Armes testified ‘that on the read to Auburn Alma complaineg bitterly of Joe's conduct. “I can’t bear to have other giris,” she for a him go with is alleged to have said. “He thinks I haven't got a gun. but I'll show him some day. T kill him," she said,” coatinued Frank Armes, “and then she lifted up her skirt and drew out a revelver which ‘was fastened to her leg.” Attorney Hamilton produced a small, black weapon, which the witness partly identiqed. + Attorney Chamberlain tried hard to upset that story, which was the most sensational development of the day. BRut Armes held to the story. Two Shots Heard It was also testified to that two shots were heard on the night of the shoot- ing. the shot which caused the death of Armes and another, which had not been mentioned before as having been fired. The impression is that the sec- onad shot might have been-fired by Alma in an attempt to kill herself after she saw that her lover was dead. Attorney Hamiiton made his opening address to the jury this morning. He reviewed the evidence that will be pre- sented, most of whi: haa been antici- pated, but also outlined the testimony regarding the threat made by the girl emn service. The intervention of friends and the precaution taken to bring about a temporary settlement of the trouble, however, prevented what was expected by many here to become a near riot. Mrs. Suydam's declaration that she had been engaged to Matthews for the last year and her insistence upon pay- ‘ing material tribute to hisememory was the direct cause of all the disturb- ance. , Mrs. Beit to recognize Mrs. Suydam or claim and exer- cised her right as pmother of the .qocnuq to exclude Mrs. Suydam from any participation in the last cere- mohies. Her angeér finally quelled after last December. The courtroom followed with closest attantion the references Hamilton made to the question of the defendant's moral character. He declared that if that issue was brought up it must first be introduced by the girl herself. He declared that the girl had already ad- métted her shortcomings. “In her statement to Sheriff McAuley, which we will produce,” declared Ham- ilton, “she admits that she had been intimate with Joe Armes and had been engaged to him, and also that she had been intimate with Frank Peters and engaged to marry Peters.” The defense raised no objection to that point, although it was vital to the success of their case to show that