The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1893-09-22

replied that the account in question did
not really represent money belonging to
w. b. Bancroft, but was fictitious" ac-
count, and the money belonged to Captain
j. ID. Cox.
Did you receive any instructions con-
corning his account from either Captain
Cox or w. B. Bancroft"
The other side raised a storm of objec-
tiOns to this question, but Judge Slack al
lowed it to be answered. Dorland said
that some time previous to November 1,
1890, Captain Cox came TO him and told
him not to allow w. b. Bancroft to draw
one nickel on this special account Ii he
did so Cox would hold the company re-
sp0nsible From that time on not one dol
lar was withdrawn from that account by
w. b. Bancroft.
did you ever speak to II. II. Bancroft
about w. 3. Bancroft's overdrafts q"
Not until after he had left the COM
paDy."
why not?"
wv B. Bancroft specially requested me
not to do So"
This closed Dorland's direct examine
ton. and the Judge ordered a recess. to
allow DOrland time. as he said. to "fortify
himself for the cross-examination to fol-
low"
After the recess NJ. Galpin came forward
with proposed amended answer 10 the
complaint, duly set out and typewriter,
duu diloe0U W Uo QIdWu w dS pea III
mitigation OF damages. In this II. Ii.
Bancroft set forth the reasons which
caused him TO think so i'll of his nepGe W,
and occasioned the utlerance and publica-
ton of certain words which were set
forth.
Unfortunately the words quoted therein
were n OF the actual words alleged TO have
been uttered, and the acceptance of the
proposed amended answer was vigorously
protested against by counsel for the other
side, on the ground that as Ii. II. Bancroft
did not admit the words alleged in the orig
lnal complaint to have been uttered and
published, his reasons OF speaking dis parag-
ingly of his nephew at all could not be
taken in mitigation of damages. II Mr..
b tncrOft wished to explain he must first
admit word for word the truth of the allie
cations in the complaint.
Judge Slack read the proposed amended
answer over carefully and seemed to think
that the tone of 1t could hardly be taken
in mitigation OF damages. However, he
refused to decide that matter until the
next hearing of the case on MONDAY next,
and In the meantime ordered Mr.. DeUprey
to proceed with his cross-examination of
I. A. G. Dorland.
Deuprey responded with alacrty and
Dorland took the chair. He told how be
had been intimately acquainted with Fl
II. Bancroft since 1865, and had been his
cashier and clerk ever since. He is now
manager. He didn't know what sort of
manager he made. but he was sure he was
net spy.
did you not make reports to Fl. II.
Bancroft concerning other of his en-
ployes?" asked Deuprey.
mo. sir; never"
Now isn't it fact that you called off
certain pianos to II. Ii. Bancroft, and told
him that his nephew had undersold them,
when the fact was that he had sold them
from lists supplied bV Won pr
Dorland waxed furious and leaped to his
feet. He contented himself. however,
with denying the accusation.
what else did you do in the way of
management"
II looked after the interests of all con-
cerDed."
Especially +. a. C. Dorland's?"
'Nu. SIR"
Continuing. the witness said that al
though nomlnally engaged by the Ban
croft Company he considered himself
bound over to II. Fl. Bancroft, as that
gentleman practically owned the whole
concern. For this he received $500 a
month. salary he had received for some
six years Once, Aowever. when he went
East Ter two mouths and nalf, he re-
fused to accept his salary during that time,
although empowered to draw it. At this
the cross-examining counsel smiled in
credulously, Dorland further said that no
one now got any money from the company
except the creditors. He did what he
could. however, to help II. II. Bancroft,
and he had done his best to defeat this
| Infamous suit"
Dorland was then put on the rack con-
corning this visit and comm and from Cap
tain Cox. He could not name the date
except that il was previous to Novem Der
l, 1891. Asked how long before, he could
! only say that 1t was less than three mont his
before. Cox came to him and said Mr..
| Dorland. do not allow w. b. Bancroft 10
draw another nickel of that account. He
| had the privilege of drawing $4,000 or
$1,000, instead of which he had drawn
| $1,000 or $4,000. and he's nearly beg
| CARED me: I'll have IL no more. He's mis-.
| used me-"
| There was fine scene in court at this.