The New York herald., 1876-12-17
A FAMILY FRIEND.
Examination of Mrs. Fitzgerald and
Her Son.
4 L f. CT A l. p u I'll Z

box OF diamond Jewcry, valued at 81 600 Mrs Fi,z
ecrala made the following affidavit OF complaint
against Mrs. Snyder before Justice bixby yesterday
rnE AFFIDAVIT
That this dcpone nj resides tEe city OF San Fran
CISCO that she came 10 this city about three weeks
since, and, WITH ner son. became boardcr IN premises
No. IS East Fourth street, kept by Mrs Bertha sny
der where she was TO pay SO per week; that soon
after the last week OF dcponenrs board became due
she had stolen from her about $50 IN
money, the proceeds OF check received
by deponcnt since her arrival IN this c,y.
Ihdt this dcponent has friends residing IN Philadc-
phia and being pressed to pay balance due for board
amounting to $40 she stated 10 Mrs Snyder that she
would TO fhilade phia leaving three OF her trunks
coaiainng the greater part oi her wardrobe, worth
hundreds OF dollars, as security Tor this balance
unul she could send tho money or return with II from
Philadelphia. That Mrs snyder was not satisfied with
the proposals made TO her by inis dcponent. And de-
ponent further says iha, at the time aud place aiore
SAID she showed Mrs Bertha snyder box containing
tho aforesaid property, while she. the said snyder
was in deponenls sleeping room, aud that Mrs.
snyder did there, against her Will and without
tho consen, OF dcponcnt. violently take sand
properly from dcponents possession saying
that shc would hold the security Tor
said balance, aud did carry the same away from
the room aud possession depononL that the trunks
and contents which tins dcponcnt proposed 10 leave
with Mrs. Snyder security or the sum vi $40, was
well known to Mrs SNYDER to be worth many hun
ured dollars over the due Tor board That since
the taking OF said property by hrs. Snyder, she has
denied that she took IT. and denies all knowledge
Of the same. and says the statement made by de-
ponent and her son as TO tho aknP OF the property Is
false and untrue. And deponcnt charges that tho
will was with the fconipus ntent 10 deprive depon-
ent OF the same and cheat deiraud her out OF
its entire value, which is not less than 81 0Oo.
EUSEBIA FITZGERALD.
Annexed to the affidavit was the schedule of tho
stolen property, ulready.published in the HERALD.
rHg EXAMINATION
At halt past three O'Clock all the persons pres
cnt. Mrs. Fitzgerald wore brown and purple dress,
u valuable sealskin sacquc, and her blonde hair was
tas.cfully arranged beneath light gray hat She was
accompanied by her son, Horace Leo, aged eleven
years. Mrs. Snyder. who was plainly dressed sat be-
side her counsel Mr. Price. Mrs Fitzgerald gave the
following testimony on her cross-examipatlon II
have given my right pame reside in the city OF San
Francisco; | do not choose to say whore; If must
answer, live in Washington street; l do not
know what street my house is near, or
what tho number is; have lived in my
own house there seven years; left there
on the 2Sth of May last went direct to Philadepha
where have been since left California, with my
son; three weeks ago left Philadelphia and came
here; went to board at Mrs. Snyder's; Colonel St
Martin had engaged board there at my request
At this stage Of the proceeding Counsellor Price rc
quesed that Mrs Fitzgcrad's Horace bo placed in
another room, which was done.
PLAINTIFFS ACQUAINTANCE WITH COLONEL MARTIN
On tho examination being resumed Ms Fitzgerald
said:-I have known Colonel St. Martin for great
have known him long that cannot be positive how
long; It is not true that met him for tho first time
at tho Centennial; | came to this city after
a policy my first husbands lite; while IN
Philadelphia; lived with Mr.. and Mrs MOTIFS IN
came here went direct from tho depot 10 Mrs. Sny-
der's did not stop any where on the way; received
check for $500 from the insurance company; Colonel
ST. Martin not with me; was too III TO go out
and he got 1t Tor me and cashed 1t; this was Mon
day last; when came 40 Mrs Snydcrs did not rep.
resent Colonel st. Martin AS being my brother-inlaw
@ Did Colonel st. Martin pay yonr FIRST weeks
board bill? A. may say he did, but with money OF
my own.
O. borrowed money! A. Yes, borrowed money;
the last OF the $500 was that placed IL In an
envelope and put II in pocket Monday evening;
Mrs. snyder aud my boy were IN tho room; thought
pinned 1t in my pocket, but now know must not
out together; hc did not know had the money IN
my pocket; while was placing the money in my
pocket Horace SAID Mamma dont aks .,,,d Inc money
won't lose itn asked Colonel 81. Martin 10 go out
with mo; ! was IN need OF fresh ar;
my SON. Colonel ST. Martin and went 10 DorIon's, in
Fulton Market to have somo oysters; on the way
down Colonel ST. Martin did not ask me about tho
money; he did not know had III alter We ate tho
oysters, ! paid for .hsm with money had in my
Ianing the $500 until reached home.
DIAMONDS WE'RE TAKEN
Mrs Snyder took my diamonds between two and three
o'clock on Wednesday; l sent my boy 10 Colonel 81
Martn's with a note; 10 was not nt his Office, but
camc in the evening; did not mention about the
the motto Mrs. Snyder persuaded me not
to make any trouble about II, as It would
Be AL she s 70 svs S sSo wa %
pay her gas BILL and would give me the money when
she came back; she wanted me to 80 out Tor walk,
but said TOO worried to 60 anywhere; Thursday
evening Colonel ST. Martin camo and said that tho old
woman had been to his ONCE dunning him for money.
Mrs Snyder; her servant answered, and said her
mistress was dressing; knew that was not so;
! rang again and Mrs. snyder camc; taxed her
with dacei nd annie
for her pary board bill in my baggage and
diamonds she then denied having my diamonds; and
sent for the police; know the servant, Ellen Diilon
l saw her on Thursday, after had accused Mrs Sny
der OF stealing my diamonds; did not tell her that
II she she saw my box OF diamonds IN Mrs sny
dcrs possession down stairs, would give her $780,
and take her travelling as my servant
WOULDN'T HAVE SUCH A SERVANT.
II she would do such a thing would not have her in
my service; positively swear did not offer her $500
ior either recovering my property or 10 swear against
o. Who is your present husbands A. 1 do not see
what that has to do with The case; am not ashamed
O You seem to be- What he do in San Fran
ciscos A. lie has full charge OF the city and county
hospital
d Do YOU know Mr. Mylcs? A. Yes.
O. Who is her A. shan't tell you. Ask me any
thing about my family and will, but VIII not say
q Did he not frequsn,y visit you at No. ss East
Fourth slrcetY A. indignantly Yes, and SO did his
wife, Hc Is gentlcmrn and she Is a lady.
O. Where does he live A. rciuseto say
Judge Bixbyl viii not force the witness to answer
any such questions tA
Counsellor Pricc-Your Honor will tho impor.
tancc OF 1, whom say that intend to prove the faIsy
OF this lady's statement
Judge Bixby--I adhere to my former ruling, but Mr.
Mylrs' residence VIII lie furnished you In private.
Examination continucd-I did not take any box
from tho house Thursday evening; IL Is true that
tho servant Ellen ound my jewel box on the bed on
"Wednesday and placed II the burcau did not show
her any Icwciry may have said thai /, my jewel
box; the box was the bureau Thursday;
never wrapped the box up IN paper
TIE LIE
At this moment Ellen Dillon, the servant, who
sitting tho room. jumped up and said, ''You did"
Mrs Fzgcrad's examination closing with her last
swer her son Horace was called. Tho boy being
placed the stand proved To be one OF the smar,est
witnesses ever examined by the counsel. He said -
on Thursday did not go for Mr.. ST Martin; when Mr..
ST. Martin came he said tho Old woman bad been
around TO his place asking for money, and
that there had been loud talking and that
he was very much annoyed; when Mrs. Snyder camo
into the mamma demanded her baggage