The herald., 1896-07-16

by the $40 train, and arrived here about
IL o'clock. / did not leave the train at
any intermediate point.
Previous to that date 1 had made ar
rangements to go to San Francisco. ]
was to take charge of a magazine for a
publishing house. My health was bad
and 1 gave up my profession as a lawyer
TO recruit and also gain funds to prose-
cute my professional career. i have
never been professional gambler, but
have played at cards ndhorse racing.
Upon arrrying in Los Angeles went
to the Los Angeles Turf Exchange, on
Spring street. I remained little while
and then went to the office OF Benton &
Aitllen. Mr.. Benton rents a house of
which I had charge. and l went to his
office to collect the rent. 1t was between
IL and 1 o'clock and Mr.. Benton was not
In. From the night of the 18th to the
18th l slept at Pasadena. On the after
noon of the 18th 1 went home on the
Southern Pacific train at o'clock and
reached Pasadena about 4:25. On the
17th, when Miss Brunjes said I was in
Azusa, l met Mr. Stone, the druggist, in
this city. My mother owns a house on
Court street, and on the 18th the tenant
moved out and Mr.. Stone moved in, and
| went at noon for the rent. He told me
to call next day, and did so. I know Mr..
Doheny and was at his Office on Febru
In the morning. On the 18th. Saturday
I cashed small check for Sc at the City
bank 1t was between banking hours
10 to IL. On the 10th. Sunday, l was at
home save that l called upon DR.. Gaylor
In Pasadena between and 6 o'clock. On
the 10Th l went from Pasadena by the
Southern Pacific train leaving at Z or 7:10
for the city. I saw Mr. Pierce between
and next morning regarding some
stock transactions. at his house on South
Hope street. / went to Blacks pool
room the same day and won from $50 to
$50. perhaps little more. 1t was be-
tween IL and O'Clock ] met Mr.. King
there. l had seen him about the rooms
more or less. l had some conversation
with him and he introduced me to a Mr..
Adams. King proposed a game of poker,
but 1 replied that I didn't care to and
three of us couldn't get seats al the table
anyway. King and Adams passed out,
and later when l also went out found
them standing in front. King renewed
his invitation to play game and come
up to his room, and l consented, King
remarking that he would try and pick
up fourth man. We went to his room
in the Vickery block. When we COM
menced to play l lost for a while. but
then 1 began to win and won straight
along. After we had been playing for
short time Adams. who had been los
ing, said he was broke. He put his hand
in his pocket. remarking he had certi
fed check, and If we liked he'd play on
the credit of that ] saw the name of
Charles Adams on the check and asked
him if that was his name. He said il
was. I said; That's all right so far as
I'm concerned, and the game went on.
We played for perhaps two hours and
latter l won straight along. Finally
Adams, who had been figuring on piece
of paper said: Hold on, I've played out
the check, and I guess had better stop
King had about $50 interest in the
check. and l had about 800 in front of
me on the table. King suggested that as
his interest in the check was SO small l
should buy him out, and | did
Il took the check to the State Loan
and Trust company ana drew out $500
and placed the balance to my credit. l
wrote my name on ii. and with that en-
ception made no alteration in the doc
ument. / had no suspicion that it had
been altered in any way, and never
passed it with any intent to defraud.
"On the 21st of February left for San
Francisco on the 2:30 train"
Practically that was the defendants
statement, and albeit subjected to
rigid cross examination, was not moved
from the stand he took. OF course, as
matter of law, Mr.. Gage interposed
the usual objections to the prosecution $
pursuing many lines of inquiry. This
led TO q little spat.
The prosecution seemed to think that
when any defendant is arrested. it is
the natural and proper thing for him
to protest his innocence to the arresting
officer. and. metaphorically, weep upon
his bosom. while telling all he may
know regarding the charge preferred
against him. With some such idea in
mind. Mr.. Harris asked the witness why
he did not say anything regarding the
charge to the arresting officers.
Mr.. Gage protested against such ques-
tions being put to the witness, who was
also the defendant
The court was inclined to permit the
latitude to the prosecution.
We know 10 rule of law" remarked
Mr.. Gage. that compels a defendant
to tell anything to any scoundrel of an
officer that may happen to have him in
charge"
Very well. then" replied Mr. Harris.
1T the officers are scoundrels YOU at
least called them upon the stand, Mr..
Cage
''f had no reference to the San Fran
cisco officers, sir" was the response,
land the expression was used as ques-
ton Of law. with no reference to any par
ticular officer
Then the examination resumed the
even tenor of its way and the bellicose
attitude of opposing counsel yielded to
milder form of interest in the case.
Mr. Harris commenced his argument
u the jury about 2:90 and talked to
nearly o'clock. Nfr. Gage followed but
had just cleared the ground Of prelim
naries when court adjourned until this
p1avufnr at 10 o'clock