The morning call., 1894-12-07
HIS INTENTIONS WERE GOOD
Denies Having Made Any False
Representations.
CoMPLAINANTs CONTRADICT HIM
They Show That He Spoke of Large
Supscriptions-Was a Compro-
mise Offer Made ?

zens present after all in Judge Campbell's
court yesterday morning when the case of
the People against j. E. Mitchell, charged
with obtaining money under false pre-
lenses, was called. Where it was expected a
score or more from Mayor Ellert and May
oT-eleet Sutro down would be on hand, only
half dozen appeared, among them being
eX-Sen ator James q. Fair and eX-POst-
master Backus.
AS was published yesterday Mitchell, it
is claimed. swindled Messrs. ". p. Van
Alstene and A. c. Hugill of the San Fran
cisco Photo-EDgraving Company out of
something over S1100 in getting out SOU
venir volume of prominent CalifOrnians for
the Columbian Worlds Fair at Chicago.
According to the complaint he interested
Van Alstene and Hugill in the schems by
representing to them that he had secured
subscription money from G. P. Hunting
ton. Claus Spreckels, Adolph Sutro and
other wealthy and prominent men.
Senator Fair, when examined, testified
that he remembered nothing about having
any business with the Photo Engraving
Company in relation to souvenir. He
had met Mitchell somewhere, he could not
exactly remember where, but had had no
business with him.
Ex-Postmasler Backus testified that he
had paid SO to Van Alstene, but he knew
nothing about Mitchell.
W. p. Van Astene, one of the complain
ants, was the next witness. and he told OF
his business relations with Mitchell He
testified that Mitchell had explained to
him how he was DESTROYS of getting out
the souvenir volume and showed him a
document signed by the secretary OF the
California Worlds Fair Commission which
contained the names of many prominent
hi nfh1 al b fSof,
10 Mitchell and he gave Van Als.ene to
understand, so the latter said, that
those who were named therein we're
regular subscribers TO the work.
1t is upon ths understanding as to these
names that the prosecution hopes TO
he would not have given Mite hell any
credit had it not been for the fact that he
thought these prominent men were inter-
ested in it and would subscribe. AS re-
suit of Mitchelps misrepresentation Van
Alstene says that his firm was out Sl140.
lie admitted receiving some money, in-
GLIDING 1925 from j. T. HOughton. of
which he received $50, SO from S. w.
Backus and SO from Sheriff McDade,
MilchelPs attorney here created some
what Of sensation by asking the witness
if he had not offered to compromise the
case with Mitchell if the latter would tele-
graph TO his friends for $500 and pay it to
made such an offer. He was then asked If
h would consent to q dismissal if he got
the money, and he answered in the mega
tive.
At the afternoon session of court A. c.
Hugill was called. He coTroborated his
partners statements in the main about the
firms belief in the genuineness of MitchePs
representations about the prominent sub
scribers. He, however, did not remember
that Mitchell mentioned any particular
names, but he gave the witness to under
stan0 that he had some prominent sub
scribers for large amounts.
Edward D. Dement,. newspaper writer,
who had been employed by Mitchell to %
work on the souvenir, testified that the
defendant had said in his hearing that he
had secured Senator Stanford as a sur
scriber for $500; Senator Perkins, $500
c. P. Huntington, $1,000; Charles Mont
gomery, $500; AdolDh Sutro. $1,000, and
others for various amounts ranging from
500 to $1,000. Witness had performed
work for Mitchell for which he had never
been paid.
At this point Mitchel's attorney offered
In evidence the entry from the commits
sion's secretary, which set forth that
Mitchell had been empowered 10 get out
the souvenir under certain conditions and
that the prominent men named therein
would be acceptable 10 the commission if
IUelI COUSbul COulu DC ODlaIQ6Q TO De
written up; also contract between
Mitchell and the complainant wherein he
assigned his interest In the souvenir for
$1140.
Judge Campbell thought that this agree
meut, made in Angus. 1898. five month 3
after the work was started, had an impor-
tant bearing on the case. He did not see
the Fair Commissioners and find out what
MitchelPs standing was. They had acted,
he thought, in an unbusiness-like way 10
not doing. so before gong TO such an ex-
pense. Their methods were very foolish
or else there was something back of the
prosecution.
Mtchell's attorney here made motion
for dismissal, but 1t was not granted,
j. E. Mitchell was cal ed and testified
that be had full authority from the fair
directors for doing what he had done about
the souvenir. lie then told of his transac.
tions with Van Alstene and Hugil, and
what he had to d them and what he had
not. he denied having informed them or
Dement, that be would get $1,000 from Sutro.
$1,000 from Spreekels or sums from others
in order To make them have faith IN tire
venture. Relying upon his canvasser's
statements be may have TOLD them as he
did others. that be expected to get this or
that, but it was with no intention to de-
ceive them. Henry Miller, Irwin C.
Stump, S. w. BackIs aud hers had sub-
scribed. He had never told Van Alste ne
that the men on the list were actual sub
serlbers. He said he vas trying TO get
them to become so. Throughout, he
claimed. he worked hard to make the SOU
Venr a success.
He then added that several days ago
Van AIstene and Hugill called upon him
in the City Prison and Van Alsteue told
him that if be would telegraph and gel
$500 be would have the case dismissed.
Mr. Hugil was called TO the stand tC
tell what he knew of the matter H.
shifted uneaSily In the witness chair
admitted that something was said aboni
$780, but he refused TO say positively thai
Van AIstene had made the overtures.
MtcnelPs lawyer thought that the mat
ter of compromise should be investigated
The point was not pushed, though, and
then the court said he would postpone the
further hearing until Saturday, there be.
ing nU more witneSse-, and then the at
torneys could argue the case If hey de-
sired. II was not question of the law,
but of facts in the case which he wanted
20 lon L mn nj m do % Nv0ut6 like IN