The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-05-01

and her little boy had sat Cor stood) were
offered in evidence was covered with pic
lures representing a great variety of poses
and costumes.
The courtroom looked like millinery
display of spring opening, the defendant
being surrounded with lady friends. She
was altogether composed and at times
amused. She was represented by Frank l.
Kingwell ESQ. Colonel Marceau had for
his counsel Messrs. Dunno & McPike.
They presented the bill and books and set
up their claim of photographs ordered and
delivered.
Mrs. Neil took the stand, arrayed richly
and jauntily, an olive-colored cape, with
elaborate trimming and high collar, and
Ieghorn hat, with sweeping black feath-
ers, being parts of her costume.
On the stand she said that she knew
Mrs. Marceau before she became Mrs. Mar
ceau; was present at the wedding; and on
the day after the wedding, at the Ocean
Beach Hotel, at Santa Cruz, Mrs. Marceau
had invited her to come to the gallery
in San Francisco and have her picture
taken. and that it would not cost her a
cent; that she had accepted the invitation,
and had a number of sittings one Sunday
afternoon; that she ordered from the lot
three and a half dozen, which had been
delivered, together with four other larger
pictures. This, she insisted, was all she
received.
Miss Annie Donovan, who was en-
ployed in the printing department OF Mar
ceau, testified that she met Mrs. Marceau
IN the hallway one day shortly after Mrs.
Neil had been there. Mr.. Marceau had
just passed through the hall and Mrs.
Mareeau was crying. Miss Donovan asked
what the matter was, and Mrs. Marceau
said that Mr.. Marceau had been scolding
her for having invited Mrs. Neil there to
have her picture taken The witness testi-
fed that Mrs. Marceau acted as Mr.. Mar
ceau's agent in many ways directing the
work in the Office, etc.
Plaintiffs attorney objected strenuously
to this testimony. II know the purpose
of it," he said. '.They want to show that
Mrs. Marceau goes out over the country
inviting her friends everywhere to 90 to
the gallery and have their photographs
taken, and that when they accept the
invitation Mr.. Marceau sends a bill for the
same. But that is not the kind of business
he is in, and it has not been shown by any
other witness that Mrs. Marceau is an
agent with Mr.. Marceaus consent.
"Why," continued the counsel, "Mr. Mar
ceau was married on the 9th of July, 1891.
In August this defendant came to his
studio. 1t is impossible that she could
have known of any instance where Mr..
Marceau could have consented to do work
upon his wife's word"
"On the other hand" said Judge Groe-
ginger, lean you show that Mrs. Neil or
dered these pictures ~
The witness and those following were
cross-examined to show this point, but
without results.
Miss Minnie Murphy, who was employed
in the delivery department at Marceau's,
testified that she delivered only three and
one-half dozen pictures to Mrs. Neil. She
said it was Marceau's rule and instruction
to his receiving clerk TO "collect the full
amount upon receipt of an order when
possible" and where that was not to get as
much as they could.
Miss Ethel Cohn, who lives at Fresno
and the Palace Hotel also when in this
city, was the next and most important wit
ness. She is very pretty young lady and
was with Mrs. Neil on the occasion of the
picture taking and appeared in some OF
those that lay on the Judges bench.
She said that she, with her mother, Wis
tied Mrs. Marceau at the Ocean Beach
Hotel on the morning after the wedding to
congratulate her. Mrs. Neil was there and
Mrs. Marceau extended a general invita-
ton to them to come to the gallery and
have their photographs taken, saying, at
will not cost you or your friends cent. u
Shortly after, while they were still talking
together, Mr. Marceau came downstairs
and joined them, and Mrs. Mareeau re-
marked that she had just invited these la
dies to come and have their pictures taken