The herald., 1897-03-10
spanked THE OLD NAN
Witnesses Say Mrs. Spen-
GER Used a Shingle
\ Sensational letters IRE EXPLOITED
Robert Henry Figures in a Dual
Role
DEFENDANT AND ATTORNEY
The Street Railway Case to Come Up
aCap." Chase Explains His Expense Account
In Court
The Walker Divorce Case Behind Closed Doors.
An Odd VIII Probated by Judge
DEFENDANT AND ATTORNEY
The Street Railway Case to Come Up
Today
"Cap." Chase Explains His Expense Account
in Court
The Walker Divorce Case Behind Closed Doors.
An Odd VIII Probated by Judge
Clark TO Take Chsm-
pagne

Inc spencer case again bopOSo VI
yesterday in Department four and trutl
to tell the defence in the case were rath
er Handicapped. Judge Lamme came
straight from the train to the cour'
room and might be forgiven If he die
not feel quite equal to the exigencies
of the occasion. Ben Goodrich, esq.
who has since the last continuance beer
associated with the defence, could moi
be present at all until late hour in the
afternoon, being busily engaged with q
case in Department three.
Most of the testimony given in the
early part of the afternoon was of a
cumulative character simply corrobor-
ating what previous witnesses had tes-
titled to. A lad named Willie Melville,
aged 13 years, whose parents had occu-
pied a house adjoining the Spencer
house on Broadway. gave his testimony
in a boyishly straightforward manner.
Among other things he said that one
day he saw Mrs Spencer come into the
back garden where the old man was
pottering around, and pick up slat
and strike her husband with it, at the
same time ordering him to do something
in connection with the hitching up of
the horse. The witness stated that he
told his parents what he had seen, but
that his mother told him not to get en-
tangled in neighbor's affairs and to
keep quiet.
frankie Matthews, a ten-year-old
boy, was put forward to testify, but the
court was dubious as to his eligibility
Judge Van Dyke questioned the lad and
then said he thought he was too young.
for the matters concerning which he
would speak, took place two years ago
when he must have been only about s
years old.
Eyes, it's getting very near the era
die" volunteered Judge Lamme.
'Well. perhaps We'll get closer 10 the
truth bhe nearer we get to the cradle, y
suggested Judge Works
Perhaps So" was the response, but
cradles and collins are bad things to get
close to-
After this little interchange of badin-
age Judge Van Dyke asked frankie if
he knew what taking an oath meant.
No. he didn't but he did know that good
boys must tell the truth. In answer to
the interrogatories of the court the boy
then stated that one day he went to play
with the previous witness, and while
the latter was in at his dinner he
amused himself outside. He climbed
upon some bales of hay. and looking
down into the Spencers' garden, saw
Mrs. Spencer pick up long shingle that
had slid down from the roof, and hit
old man Spencer with 1t about six times.
He knew she was mad when she did it
by the words she used but he had for
gotten what they were.
We'll, what did Mr.. Spencer do?" in
quired Judge Van Dyke.
'He just took it," innocently replied
the youthful witness.
Did he put his hands up?"
He put them up in front of his face"
The court held that the testimony of
this witness might be stricken out, and
the little fellow was retired
G. Matthews, father of the previous
witness, testified to having fixed a gas
fixture in the Spencer house within six
months previous to the death of Mr.
Spencer. He testified to 1t being in ex-
cellent condition, and that while the
screw holding the gas cock fast in place
might have worked loose, thereby per-
mitting the cock to drop down and the
gas to escape, such a thing was highly
improba BILE.
Otto Cornelius testified to having
worked for c. B. Newton in the livery
stable and also told how Mr. SNewton
and Mrs. Spencer used to go off riding
together and on several occasions
lunched together in the livery stable
office.
The testimony of these witnesses sim
ply sustained that previously given, but
when c. B. Newton went upon the wit
ness stand an added degree of interest
was inspired to the trial. But his evil
dence was very short. Counsel simply
wished to interrogate him regarding the
batch of letters that Mrs. Newton had
f1shed out of the garbage can and that
after being pinned to a deposition used
In the Newton divorce suit, mysterious
ly disappeared. The witness, upon ex-
amining the copies of the letters sub
mitted for his inspection conceded that
he had seen the originals during the di-
vorce trial and that upon being re-
turned to him after that trial he had de-
stroyed them.
That was about all that Mr.. Newton
tesrined to, but 1t was important, mas
much as it sustained the contention of
the plaintiffs that the letters had been
made away with. If they were forgeries
the question naturally presents itself.
why should they have been destroyed Z?
Following Mr. Newton as a witness
came the defendant, Mrs. Isabel Spen-
Ger herself. Clothed in deep mourning.
with snow white hair that somewhat be-
!. He'd her age peeping from out beneath
hei bonnet she presented a prosperous
ly dignified appearance. During the
early part of her examination She
pleasantly smiled as she skillfully evad-
ed direct answers 10 the questions put.
Her memory is most wretched, and do IS
not bear the slightest strain. All the DE-
tails regarding the purchase of her vari-
Gus properties she failed to remember:
even so far as to have the faintest rec
objection how some OF them came into
her possession. When asked if Mr..
Spencer's daughter Eva, residing at
Honolulu. ever loaned her father mora
than $1,000 the witness memory again
went back ON her, but she smilingly add
ed that while she did not know actually
that Miss Eva had ever loaned her
father even $1,000 she did know positively
hat she had paid to Miss Eva $1,000.
A question regarding the amount OF
money expended in the purchase of dia-
nonds drew from Judge Lamme.a pro-
test, and he arose to argue the point.