Los Angeles daily herald., 1889-06-27

up nv tiAob bALlOs
Yes. We found Mr.. Scott at his Of
fee.
eve staid in the Office of Mr.. Scott un-
til about that evening. He finished
| the trust deed about at that hour.
"Mr. Scott alone made the instrument.
"He made notes himself.
"No. l was not there all the time.
| 81 was back and forth in the streets.
"No. Father Banta was not under the
influence of liquor that day. He said he
wanted to be perfectly clear in the BRAIN
"No sir; he had not taken any intoxi-
cants. l would have known it if he had
"Mr. Scott explained the effect of a
trust deed. Mr.. Banta did not under
stand it.
81 never made any suggestion as to
the deed.
Eyes, there was some conversation as to
who should be the trustee. Mr.. Banta
wanted it to be me. l said no; thought
it would be better to have some one else
| mentioned p. NJ. Green. MIR. Banta
said that he did not think Mr.. Green
would care to be bothered about it.
Father Banta asked if there would
not be some income-a salary to the per-
son who acted as trustee. Father Banta
said it would be better to
have that income go to me for
the children. 4 am going to live
with you,' Father Banta said. The old
man Morris advice is pretty good still.
l want to 60 around with you and advise
you when you make loans.'
81 proposed Mr.. Green. / made no
other suggestion about the matter.
when the papers were completed Mr..
Scott put the deed on record. That was
after it was executed.
81 did not see it put on record.
'It was finally prepared and signed
on this second day we were in Los An
geles. 1t was on the 9th day of the
month.
"Mr. Scott read it over to father
Banta. He read it slowly.
"While Mr.. Scott read it, Banta said
it was as he wanted to have it.
No; l made no suggestion about
what was in the deed.
81 was present when it was acknowl-
edged.
Il do not think l can recall the name
the Notary. know where his Office
is. 1t is in the Temple Block.
"When it was done, Mr.. Banta went
down stairs with Mr.. Scott. Then he
went home.
81 went home with him. l went to
my hotel and he went to Mrs. Banta's.
1t was about dark when we got home.
"He was alone when he left me at the
hotel.
81 saw him next day. think he
came to my house.
'He went back to Mrs. Banta's to get
some papers. He took his meals at our
house that day.
SAT no time during these three days
was he under the influence of liquor.
"We staid in Los Angeles that night,
because our train was gone, and because
father Banta was anxious to get his busi-
ness all completed.
"The last visit OF Mr.. Banta to Mrs.
1t was in March-the first part of the
month.
1T was in 1888.
HE said before he started he was 60
ing to see Matte.
at was in the fore part of March. She
had emorrhage of the lungs.
81 saw him when he came back.
"He said he had told Matte he had
heard she wanted to see him, and that
she said she did not want to see him she
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| him to go back to Pierce's. He
told me Mrs. Banta told him to go back
and read his agreement of separation.
"He sat down and cried.
81 never knew him to 60 there after
that.
"While father Banta was with us do
not believe, and Inever saw, and never
heard of his using morphine. knew of
his using laudanum. gave it to him. /
gave him about twelve drops. 1t was for
bowel complaint. He mussed his bed
l gave it out of a bottle l had. l heard
stories of his using morphine years ago.
II gave him laudanum twice. 1t was
in February or March, 1888.
while at the Gem Villa he used a
little Whisky. He bought it in pint
flask. He used perhaps a fask and a
half a week. l do not think he ever
used two fl asks in the same week.
"He bought it. l never bought whisky
or laudanum for him.
81 never knew father Banta to take
morphine.
81 never saw any in his possession.
If he had taken it would have known
it."
There was grea. deal more testimony
to the same effect.
The case was continued until Friday
morning