Los Angeles herald., 1891-11-06

The defense had an innings in the
Hellman embezzlement case, which wat
resumed at o'clock yesterday after
noon before Justice Stanton.
The theory of the defense is that Mar
co Hellman was entitled to retain the
money he is alleged to have embezzled
from Cation, Bell & Co., under the pro
visions of a contract made between hin
and the firm.
Moritz Meyberg was the first witnes:
called. Mr.. Mey berg testified that he
met Mr.. Smith, of Cation, Bell & Co., ir
January, about the time Marco Hellmar
was established as agent here.
Witness also had a call from Clark in
August last, when the latter came dowr
from San Francisco in response to {
letter, and they had conversation in re
gard to DEFENDANTS bond. Meybert
Bros. were on the bond to Cation, Bel
& Co. for $500, and wrote to the firm
stating they wished to withdraw.
Mr.. Meyberg said the desire to with.
draw from the security was that he had
heard that Hellman was issuing policies
to persons to whom he was indebted for
sums of money borrowed before he was
of age, and that these parties would not
pay the premiums.
The Meybergs were induced to remain
on the bond by an agreement or con-
tract providing that Hellman was to
turn all money collected over to them,
which they were to remit to the San
Francisco house, and also send weekly
statement of the money paid them and
Cation, Bell 4 Co. were to send to them
statement of the business done by the
defendant. The contract also provided
that Hellman was to be paid salary
after August 1st of $500 per month, and
If he secured insurance aggregating over
$1,000 monthly he was to receive COM
mission of 25 per cent. in addition to the
regular salary. If the amount was less
than $1,000 he was to have the salary OF
$500, and Mr.. Meyberg stated that an
agreement was then made that the de-
fendant could retain the amounts col
lected during June and July, and apply
the money to his salary as it fell due.
For the business done during May, June
and July the defendant was to be paid a
commission of 20 per cent.
Cation, Bell & Company rendered
but three statements to Meyberg Bros.
Witness said he had paid some money
to Cation, Bell & Company on the May
account. Hellman transferred check
to him for portion of the amount due,
and he made up the balance charging
the amount advanced to defendant.
Mr.. Smith of Cation, Bell & Com
pany, called on the witness and de-
manded $1184, the amount Hellman is
alleged to have embezzled. and stated
that if it was not paid he would have
the young man arrested. Witness after
wards saw Smith take defendants books
from his Office and at that time he again
demanded the amount.
During another interview several days
later witness requested statement OF
the account which was refused him and
Smith said at this time the Meybergs
would have to pay the full amount OF
the bond, $2500, and he did not know
but what they would be called upon to
pay $4,000. He claimed the bond was
forfeited by reason of Hellman's actions.
A meeting was arranged for two days
after the arrest was made, at which the
bondsmen and representatives of the
San Francisco firm, together with the
defendant and attorneys were present,
but nothing was done.
AT this juncture court adjourned. The
case will be taken up at 2 O'Clock this
afternoon.