Show 1 I MAXINE DEMPSEY WILL NOT APPEAR IN COURT TRIAl Barred From Giving Testimony Testimony mony as Divorce Lends II Malice l Br Rr al l S i Washington April 4 I. When When ben Jack Dempsey the pugilist goes gocs to trial In I San on a a. char charge c of oC i ha having I evaded tho draft law Ja- Jahe he will not ha have I to face Maxine Dempsey his former wife Ue If however however- he hc should waive tho the right ight of or excluding her she ma may be called ailed to the the- stand and to testify but oth- oth erwi sho will not figure In tho the governments government's gov- gov 0 case against tho the champion This Information was wa wa given I cn out hero yesterday by Miss Anette Adams 1 United States district attorney for for- forthe the northern district of or California Miss Adams left lert last Jast night for o- o oSan San FranIsco FrancIsco Francisco Fran- Fran cIsco Isco and nd will wm be on hand on April 17 when hen Dempsey DempRe and his man manager er Jack Kearns are arc arraigned before the federal fedral fed fed- eral ral court Two TO Chars There are arc two counts in the Indictment Indictment indictment indict Indict- ment against Demp Dempsey cr the first charin charging char char- in ing ng conspiracy with Intent to evade e the federal selective e service law Tho second sec- sec ond nd count charges him with the violation viola viola- ion tion of tho the law Jaw Itself Kearns will bo be tried on a a. J. J conspiracy ac char charge c Unless finless Dem m waives wal his ri right ht and ind nd I IS 13 willing for his for forI fonter er wife i Cc I to o t testify she will In all probability not ot be bo called to the witness stand by byI bythe I the he government declared Miss Adams dams I The Thc case against Dempsey interests us s only In that It is a 3 case sc of f viola viola- violation Jon Hon of the thc fc federal cral law We c have other ther defendants awaiting at trial in San Francisco on similar charges The case against the champion will willbe willbo be bo handled in exactly the same wa way that hat the others arc are tried her office had hada Asked Asted If she thought a a. a clear case a against tho champion and andus his us manager Miss lIss Adams dams said she preferred preferred pre pre- to wait walt until the trial before commenting on this feature i We c think w we e have ha a clear clear- cascI case case- I she he replied smilingly I but of course that hat statement will have ha to depend up upon pon n the trial to be brought out D Dempsey mp ey First Miss Adams said It was Improbable sho ho wi will personally appear In court In Inho Inthe ho tho trial of oC Dempsey and Kearns Kearn She Sho has as assigned the task of or prosecuting ho tho champion an and his manager to Colnel Colonel Col- Col onel nel Th Thomas mas Miss Adams dams said that although there were other defendants to o be tried on charges chares of at draft evasion eva eva- ion sion sion it Is not likely the trials will b be bunched the cases of Dempsey and Kearns Cearns gaining precedence over 01 the others Questioned as to whether whether- she knew Dempsey cr worked in a shipyard ard during the war Miss lIss Adams replied that hat so far Car as she knew he did not Tho The statement of oC the thc district attorney attorney ne ney yesterday Indicates that all the preparations that were made to have Maxine Dempsey testify at the trial and her avowed purpose of or getting even with the champion will come to naught Officials of or the tho district attorneys attorney's of- of flee ico hero said that under the federal procedure Maxine Dempsey was absolutely barred from Crom giving ing testimony test as aso asto asto to o the fact of her divorce would be considered as lending tho the fact of ot malce malice mal- mal ice ce to her statements Th Tho strength of oC the tho governments government's case caRe against tho the fighter has heretofore appeared to rest primarily upon the tho fa fact act t that the former Mrs I would reveal rc startling facts when the the- trial was held Now 0 under th tho facts acts made mado known by 11 Miss lIss dams Adams tin un- un-I un less Dempsey express expressly waives wal his rights of oC objecting to her her- testimony mol she will not be allowed to come como Into cal officials put upon the federal law Jaw even en comments upon Maxine Demp- Demp court oth other r than a as a spectator Under thA tw construction that tho the losey's losey's lo- lo sey's connection with the case would bo be absolute absolutely barred |