The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-10-13
WAVED HER Shoe IN COURT.
Mrs. Foltz Tries to Make a
Point on Heels.
Witness IN the Big Forgery Case Tells Why
she Defendant Wells Was Anxious
20 Find a WIongdoer,

Once more yesterday morning was re-
sumed in Judge Troutt's court the legal
sparripg match between Assistant District
Attorney ainkle and Mrs. Clara Foltz over
the guilt or Innocence of James E. Wells.
accused Of obtaining $1,000 by inducing Ollie
Hutchings to peTsonate Miss Emma L. Dick.
The sudacity Of the alleged impersona-
ton continues to attract unusual interest
and the courtroom was crowded with spec
tators.
Several points were made By defendants
counsel Yesterday, notably one In regard
to the height Of the impersonatrlx OF Miss
Dick. The effect Of these, however, was
badly impaired BY the volunteered testi-
mony Of a witness later IN the day.
In the morning Captain Lees Of the Police
Department was recalled for examination.
He said that Pitcher had been exonerated
By Wells from completely in the affair.
Wells had not displayed much anxiety TO
see lin when thu forgery was discovered,
although when Defective Cofey went to see
him Wells had told the detective that he
had already been to see Captain Lees, but
found he was not in.
IWas not Wells the first person that in
formed you of the forgery?' asked Mrs.
Foltz.
bad first heard of the case from Chief
Crowley.
Did not Mr. Wells. in pursuance with
his desire to find the culprit, describe Ollie
Hutehings to you?"
ale did"
''He even gave you an accurate estimate
Of her height, did be not2"
We'll, he said she was feet 10 Inches
tall. and don't suppose she is more than b
feet Z inches"
"He made her out taller than she was.
did he? Now, wouldn't fashionable
high-beeled shoe make difference Z"
Captain Lees hesitated, and Mrs. FoltZ re-
solved on coup d'etat.
she sat down. bent over. and In fash
was balancing herself on one foot and
waving little object in the air.
"Do you see what this ?" she asked.
at appears to be a SHOE" said the wit
ness.
Don't you think shoe with heel like
this. or little higher, would make differ
ence in woman's height"
"Yes," admitted the captain. and the
lady attorney bushed with triumph or the
effort Of replacing the shoe where it be-
Ionged.
Subsequently Mrs. Foltz clinched her
point by calling Ollie HutchiDgs to the
stand and asking her what her height was.
Five feet seven inches, was the reply.
KINDLY show your heels to the jury,
madam" was the next remark of counsel,
encased in low-heeled shoes for the jury'S
Inspection.
''Can all the jury see those are low
heels?" asked Mrs. FoltZ, and on bein &
assured Of that fact appeared quite content
with her coup de theater
Captain Lees stated that he had no In
terest in Ollie Hutchings other than some
misgiVing that she has been misled by older
and shrewder criminals.
j. Robinson, janitor, testified that he
bad seen Ollie Hutchlngs at Wells Office
about the time of the forgery and parLlcu-
larry noticed mole or scar on her face.
Mrs. Emma l., C0wie was recalled for the
defense and testified TO having noticed
scar on the woman's face.
Detective Bee gave some ties timoDy as to
the efforts Of the police 10 place the per-
sonatrIX Of Miss Dick.
4. Z. LeRVitt, mining man, proved an
interesting witness
Under the cross-examinatiOn OF Mrs.
FOItz ii appeared that he had been engaged
by the defendant Wells to trace Ollie
Hutchings.
did you not with another man search all
the big towns In the State at the defend
ants instance to find the forger?"
Il did,, replied the witness with q
twinkle in his eye
''Did you not write him these reports OF
your search in good faith and did you not
receive your pay from Mr. Wells2"
81 did"
'"rherep exclaimed Mrs. Foltz "He
told you to find the woman at any cost, did
be not?"
"Yes. and If / found her to tell her to
skip out" was the unexpected reply.
Mrs. FoltZ did not allow the effect of the
statement to disconcert her, but showed
that Leavatt was not principal In the
matter, and had the reports of the search.
ing detectives admitted as evidence.
An adjournment was then taken unit
this morning