The evening times., 1896-11-25
ITURB1DE WAS 4 WITNESS
Continued from First Page.

courteous manner possible he separately
addressed the court, then Mr.. Berry, ant
last Prince Iturbide, and then proceeded
TO scorch the dapper young attorney.
He said that 1t was very well for Mr..
Berry 10 give notice of his fear that his
shortcomings should work TO the disad-
vantage OF his client. lie objected most Sc
riously, however, to the insiDuation that
fair play wo,ld not be given. He was pre-
pared 10 see that Prince lturbide had every
right TO which he is entitled, and he would
do nothing that could he denominated d as
unfair play.
Mr.. Berry was so sorry. when he rose, that
his learned friend had taken his words in
the broad and rough sense. He explained
that when he spoke Of fair play he referred
TO the fact that Prince lturbide desired
to come 10 trial without counsel and in the
interest of Justice he Mr.. Berry had vol
unteered to defend linn
Subdued. humDled. respectful looking
more like John Doe. OF ancient fame, or
plain John Smith, Of nowadays, Iturbite
EIopped his brow and looked appealingIy
toward Judge Bradley. who held his eye
glass 10 his lips and teetered backward
and forward i'll his chair
Nj once did the puuce hook arDund
the courtroom to the distinguished
gentlemen ana well Known Club men who
we're ON every side inteTpste,ily watching
the progress u the case. Occasionally he
twisted his long mustache and turned his
small head 10 whisper into tn. ear OF his
friend Ferguson. who sat at his elbow.
ANSWER OF THE CLUB.
Mr.. Johnson read the ans wer OF the Met
ropolitan Club, admitting the election Of
lturbde was regular, denying that he COM
piled with tire regulations, and asserting
that he frequently violated the rules re-
garding the conduct Of the members.
IL was alleged, further. that Iturbide
did not pay proper charges for which
he was liable; was frequently guilty OF
misconduct and infraction of rules: he had
been frequently rebuked by the governors;
and was twice suspended for period or
four months each during the year before
A April 23, 1896.
The answer then exhibited the letter OF
notice sent To Iturbide The rule of the
club governing expulsions was read, and
then the answer stated that at the April
% meeting OF the governors Iturbide was
informed by the president, Hon. John
Davis, that the ground OF the charge
against him was thathe lsSA made scan
dalous charge against the daughter of
member of the club within the precincts
OF the club aud To members of the club.
1T is not true the answer continued,
that the petitioner denied that he had
done SO and endeayorcd to explain his an
swer for the Information of the said board
of governors ia his own defense, or that
he was prevented from SO proceeding, but
on the contrary, this respondent AYERS the
truti, 10 be that the said petitioner, upon
being advised, as aforesaid, Of the charge
against him, then and there admitted that
the charge against him was true, and re-
iterated the scandalOus statements which
it was charged he had made in the club
to members of the club concerning the
daughter OF a member Of the club.
BY UNANIMOUS VOTE
AT a meeting of the board of governors.
at which there were present twelve out
Of the fifteen members of the board Jf
governors, the said petitioner was, by
the unanimous vote of the said twelve
members OF the board OF governors, be
ing more than twO-thirdS of the entire
board, expelled from the club"
All this time the jury Of twelve solid
citizens stolidly listened and never once
looked toward Iturbide.
Again Mr.. Berry rose and read the
traverse OF his client To the clubs an
swer. In it Iturbde in detail told OF his
appearance before the governors.
Concerning the lady in question he ad-
mitted saving "on some rare occasions,
when it was incumbent upon me to do 80,
l asserted that she did" He referred
to the authorship of the anonymous letters
Then the traverse stated that the
president, Mr.. Davis, exclaimed. That's
all we want to hear,
Continuing. Mr.. Berry read that part OF
the traverse by which lturbidc hoped to
show that he was not allowed u fair hear
Ing.
in conclusion. Iturbide denied. in the
traverse, that e admitted making the
scandalous charges or that he has been
guilty OF unbeconing conduct, ana prayed
that the peremptory writ OF mandamus be
issued.
Iudye pra,Ilnv eliminated that norton nf
the pleading not concerned in the question
whether or not he had been improperly or
illegally expelled from the club
Mr.. Arnold Hayne, the secretary of the
club, was then placed upon the stand. He
was dressed in cheviOt suit and looked
every inch a Scotchuan. with iron-gra
beard. small niustache and Hight eyes.
During Mr. Berry's reading of the min
utes of the club he came to the sentence:
A disgraceful scene took place" But
Mr. Carlisle cut him short.
CLUES SECRET AFFAIRS.
Mr.. Berry" he said, abruptly. Il would
ask you. as a member of the Metropolitan
Club, not to read anything foreign to this
question You should know enough not to
read to the jury anything relating to mat
ters outside of this case"
The cat was almost out Of the bag. The
spectators frightened up. the clubrnen
looked curiously at each other, and n sup
pressed litter began To agitate the men
on the seats far back.
81 beg your pardCn." replied Mi Berry, |
but | thought that was continuation
of the same case. Mr.. Stenogra pher, please !
strike out that irrelevant part reau-
The minutes of the meeting held May ) |
last were read. showing the expulsion Of |
Iturbide from the club
Mr.. Carlisle here interposed an objection |
to the reading Of more minutes, arguing |