Los Angeles daily herald., 1889-05-02
DYKES VS.. VAN EVERY.
The Defense Begins It's Case II
Judge Wade,s Court.

The Defense Begins It's Case I'm
Judge Wade's Court.
The case of Frances Dyke against
George S. Van Every, to recover 10000
damages for breach Of promise, was re-
sumed in Judge Wade's Court yesterday
While the Court was busy in hearing
preliminary motions, Miss Dykes burst
into tears and implored Van Every tc
tell her where her baby is. She said:
"Oh, George, George, do give me my
baby! Tell me where my baby is
Please, oh, please, tell ne where my
baby isl"
She was taken into Judge Wade's
chambers until she composed herself
The plaintiffs counsel then read depo.
sition of Samantha Dykes, mother of the
plaintiff, which stated that Van Every
had called at their house to see her
daughter, and bad declared that his in
tentions were the fame toward Miss
Dykes as Mr.. Dykes bad been toward
her. She therefore looked upon him as
q prospective son-in.law.
The deposition of R. G. Darnell was
also read, in which he said that he was
a broker, residing at Argentine, Mo-. and
he knew the plaintiff and defendant in
this case. He also knew ]. L, Van
Every and Mr.. Merrimau, and saw them
with the plaintiff in Van Every's office,
in Kansas City, when q paper was
signed by the plaintiff, at the instance of
John L. Van Every. There was much
talk about the signing of the paper. 1t
was late in the evening, and alter dark.
John L. Van Every wanted her to settle,
and he told the plaintiff that the defend
ant was broken in health and had lost
all his money. George was going to
Cuba, and would never return,
and she would never see him
again, and that what John Of
fered her was all she would get
at any time and told her that what he
was doing was out Of pity for her, and
that if she did not take what he offered
she would get nothing. The representa-
tions were all untrue, for we went directly
over to the telegraph Office after the paper
was signed and telegraphed George S.
Van Every, who was then on Fort Scott
and Gulf train, and had not been, nor did
he intend to go, to Florida, nor was he
nor had he been sick, nor had he lost any
or all of his money, but at the same time
he had large balance in the bank at
Kansas City. The representations made
at that time were untrue and false in
every particular, and the men who per-
suaded Miss Dykes to sign the release
knew these representations were false,
and al of US at that time knew that
George S. Van Every was worth at least
500, 900, and enjoying the best of health.
He had been partner in the business
conducted by John L. Vsa Every, and
that was how be had been ca!lsd in to
witness ..hhe signature Of Miss Dykes 10
the document which was fraudulently
secured from her by false and untrue rep
reservations as to the health and wealth
of George Van Every. He knew that
Miss Dykes never knew what the con-
tents of the paper were which she signed.
He was friendly to George Van Every
and was anxious to help him cut OF his
scrape with this girl, and he now thought,
as he had always thought, that if George
had paid her the $500 he promised her
there would have been no further trouble
and this suit would not have been
brought.
Miss Dykes was then placed on the
going over part of her former testimony,
Van Every had given her.
Upon cross-examination, Miss Dykes
tee tilted that she had not said that her
baby had been born alive, but had died
at o'clock in the afternoon. She had
said that the baby had been born alive,
but she had been told it had died at 4
o'clock in the afternoon. She said she
had come to California alone, and she
did not know Lizzie Pullman.