The herald., 1896-07-15
An AL|B| THE DEFENSE
Defendant Dole Proved to
Be Ubiquitous
GAME OF STUD poker LOOMS Up
Two Damage Suits Against the
Electric Road
DAMAGES SET AT $4,000
Increase in Assessed Valuation for the
Current Year
Itemized Valuation OF All the Incorporated
Cities 10 the County
The Suit Of nsry Edna Osborne to Recover
$4,000 submitted-A Barber Sued for
$4,000 Damnges-New Suits AMI
General Court News
Increase 10 Assessed Valuation for the
Current Year
Itemized Valuation OF All the Incorporated
Cities 10 the County

When the father OF the fmmortal sam
Weller advised the founder and rotund
president of the Pickwick club to prove
a h'alibi" he knew what he was talking
about. An honest alibi tangles up
case beyond recognition, and this seems
in a fair way of being shown in the trial
of Attorney Dole, in department one,
for forgery in raising $3.50 check to
$3.50
To the casual spectator the case has
presented little interest so far. The evil
dence has been tame. and in that respect
there have been no sensational features.
But with the opening of the defense
things have changed somewhat. Not
that the testimony is of a more lively
nature, but simply that, conceding the
truthfulness of the statements of the
witnesses for the prosecution and also
that of the witnesses put forward by
the defense, and they are one and all
reputable people, 1t has been conclusive
ly proved that the defendant Dole Is
ubiquitous and has the faculty of being
in two places at one and the same time.
Yesterday R. F. Chiffon, assistant
cashier of the bank at Santa Ana. testi-
fled to having seen the defendant obtain
the certified check for $3.50 on the 18th
Of February. He, perhaps. was the most
positive witness for the prosecution in
Identifying Dole.
Mr.. Cruikshauk, president of the bank,
Miss Brunfes and others testified to the
defendant having worn dark glasses.
The former described them as dark col
ored and the latter qualified her state
ment by saying they were blue. Yester-
day when Mr.. Porter, of the bank at
Orange, was recalled for cross-eXam-
ination by the defense, he stated that the
glasses worn by the defendant were
tinted blue. and In reply to the query of
juror said that they appeared ordinary
and not clouded glasses, but when the
sun struck on them they appeared as if
just tinted slightly.
Some of the witnesses for the prosecu-
ton allowed themselves wide margin of
time in seeing the defendant but Mr..
Chiffon placed 1t at just before noon or
| just before o'clock, for at those two
hours he was in the habit of attending
to certain work at certain desk.
On the other hand the defense put
forward witnesses to show that
Dole was in the city on the 18th of
February, and transacted business at
such hours as to prohibit the idea that
he could possibly be in the places the
prosecution says he was. Il the defense
can strengthen their position in this di-
rection the underpinning of the case is
gone.
For the remainder of the case 1t is to
be presumed that no denial will be made
of the fact that Dole really had the
check, and it was a matter of specula-
tion yesterday. in view of the turn the
case seemed about to take, how his hold
ing possession would be accounted for
Some light maybe gained by remem-
bering certain questions put to the jury
by Henry T. Gage, esq, when he was
examining them as to their qualifica-
tions. He inquired of each one if he be-
longed to any church. He put the ques-
tion, ha stated. for the reason that dur
Ing the trial it might develop that oc-
casionally the defendant INDUCED in a
game of poker In such case counsel
wanted to know If they would view such
indulgence with churchly rigidity. or
with absolute Indifference.
In the light Of these questions, it is
easily to be conceived how Dole may
have got into rather rapid company and
yielded to the seductions of a poker
game. With stakes fairly high and
blind luck standing behind Dole's chair.
he, as well.a any other, might be big
winner and receive the much disputed
check in payment or part payment of
his winnings. Naturally he would then
pass the raised check in all innocence.
and one is not supposed to always know
the company he gets into when he has
bias in favor of a poker game
While all this is mere surmise. some
such defense appears to be probable
Yesterday witnesses from San Francisco
We're put upon the witness stand to
prove when Dole arrived there and the
publicity of his life. Others testified to
his having said good-by to them here
and leaving with them his address in
San Francisco.
Detective Whitaker testified to his
embarrassment when arrested and his
denying the charge, but while, as an at
torney, denying their right to arrest him
without warrant. waived all rights
he had and volunteered to go where they
wished and when they wished.
All these facts, taken together, do not
indicate guilt, and by the time the tes-
timony has closed it is certain there
will have been much material gathered
to afford the defense a strong basis for
a telling argument.