The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-05-08
every overcharge to the death. A singular

every overcharge to the death. A singular
mixture of method and recklessness.
"Where were you, Mr.. Hill, on August
8, 1872" asked Shain's attorney Neal.
The witness-defendant consulted his
diary "iag-book" with great deliberation.
81 was still off sir he replied at length.
"My diary shows $40 paid off the bill, $40
to two messenger-boys."
''Where were you on December Z, 1891,
and what was your condition as to sobriety
or otherwise?"
Again the diary was deliberately con-
suited
"sober, sir" came the answer in mat
ter-of-fact tone.
"How do you know?"
Because find it recorded here that I
was attending to business at office from
9:45 A. NJ. to 6:10 P. M What | did after
that don't know, but I'll give it to you
next day if you like. No record of the
payment of 500. On December II 1 was
all right, attending to misunderstanding
letters from 9:25 A. NJ" and the witness
glanced at the court amiabiy.
Captain Hill could not tell anything
positively about his doings except where
it was recorded in the diary. He had a
regular method with Pierre Carrere. Up
to June Is, 1891, he had borrowed cash from
him occasionally, but on that date had paid
him $500 for little dinners and suppers and
had then changed his ''modus operandi, !"
as he called it. He had not borrowed
money from him since then.
He always paid his bill in round figures.
eff owed him $3.50 and my bill on the
next night was $40 for dinner would give
him a draft for $780," he said. ''If the
whole amount came to $155 70 1 would give
him draft for $160 and take the difference
in small change"
He said he gave the drafts in some room
of the Tortoni building, but could not
identify it. He had no recollection of any,
thing, but had implicit faith in his diary.
''If | was off at any time" he repeated,
'smy diary will show whether I was at
Tortoni's or not. | must refresh my MEM
ory."
The court asked: "May you not when
on spree have got money from the pro-
prietor Of the Tortoni and forgotten it2"
The witness slapped his diary conf
IDENTIFY. "No, sir, not after June IS, 1891,
when | changed my methods"
Ibid you not send for meals to III
O'Farrell street," asked the counsel, con-
sulting the bill.
There was another consultation with the
diary, from which the witness emerged
triumphant. mo, sir" he replied. 81
have not set foot inside that house since
April 1 of that year until now. Before
that, yes"
Were you sober or not on February 20,
1922"
The witness had not brought his diary
for that year, and while it was being
brought Pierre Carrere, the proprietor of
the Tortoni, and Joseph La Costa, waiter
there in 1891, were examined.
Pierre could not vouch for every item in
his cashbook and the waiter got badly
tangled up in its dates and amounts.
All the while Captain Hill sat and snorted
easy defiance.
81 would not care for the amount" said
he, "but they shall not impose on me Just
because / was off I was too smart for
them and had their dispositions taken
right away, before the books could be doc
tored. For myself, my diary will see me
through, but wild horses shall not extort
from me the names of my lady and gen
tlemen friends during the evenings in
question.
~ have little pigeon-hole at my office
which l call my flying artillery and into
that l fire all my tender and duplicating
correspondence. The ladies shall not
suffer That is the kind of a man ann
Just then, as the plaintiff concluded his
case, messenger brought in the missing
diary of 1892, but Judge Hunt said it
would not be wanted now.
Lets see though, just for luck, how I
was on February 90" exclaimed the de-
PENDANT as he buried his nose in the book.
81 wasn't off," he soon announced
briefly. II was dead on; paid check
and attended to business all day. 1t is no
into the ashes,'' he added gleefully, Il
and my diary have got them sure"
The court said it was merely a question
of figures and amounts, and continued the
case to allow transcript of the testimony
to be taken. The transcript would take
money, but Defendant Hill said, Hang
the expense and the court thought the
transcript had better be made to assist all
parties in understanding the tortuous ac-
counts.
The Hawaiian Nation Band.