The San Francisco call., 1897-07-16
ATTORNEY ACH'S
V0uDERF UL HEAD
General w. H. L. Barnes
Apostrophizes It in
Rhyme.
An Exciting War of Words at
the Trial of Theodore
Figel.
The ross-Examination Begun of
Edward Rothchild, Partner of the
Late Isaac Hoffman.

General W. II. L. Barnes, brilliant an6
accomplished as an attorney and an ora
tor, is no phrenoiogist worth speaking
about.
Yesterday he publicly acknowledged hi.
lack in that respect during the preimin.
airy examination of Theodore Figel in
Judge Campbetl's court.
The general had Attorney Ach, one ol
counsel Tor the prosecution, as subject,
and he purposely misquoted Goldsmith s
lines in the Deserted Village" to adapt
them to the case:
Stir watched, and stfrl watched,
And still the wonder grew,
That such shaped head
Could carry all he knew.
This little declaration which, by the
way, called forth loud applause from the
crowd in the room, was fitting climax to
a morning session of exchanges more OF
less agreeable between counsel.
The trouble began while the examination
of Edward Rothchild was in progress.
The bankbook of the firm of Hoffman,
Rothchild & Co., which has not figured
heretofore among the exhibits, was pro-
duced by Ach, who. referring to the testi-
mony given the day previous, said:
"You have testified, Mr.. Rothchi!d. that
no credit was ever given to Weinstock,
Lubin & Co. for the $22s6 SO paid by them
on Decem Der %. 1896. and for which they
hold receipt from Theodore A. Figel?'
"Yes. SIR" answered the witness, mo
credit appears on our books"
General Barnes objected to that kind oi
testimony, on the ground that 1t had all
been covered the day previous.
at is this way the general said
You gentlemen have made grievous
mistake, il you will but acknowledge it.
You have"
Ex-Judge- Murphy interrupted counsel
with the first declaration his as ociate
had permitted him to get in all morning.
I'VE don't acknowledge any mistake, u
he said.
That's not true" shouted Ach; oil
course addressing Barnes instead OF Muir
ply.
Il beg to let you understand sir, dom
like that language" asserted Barnes.
This first little sQuall over. Ach pro-
ceeded with Rothchlld in regard TO the
$22S6 check and whether that amount
figured on the bank book up to January
%, 1896.
II submit that this is all misleading" +"
interposed the general.
faction; don't you be worried" Ach said
sneeringly; whereupon Barnes insisted
upon being heard. Rising, he walked tc
the bencn next to Judge Campbell, ad-
dressing Acn en- passant. saying, Dom
you talk TO me in that way" Then, ad-
dressing the court: "Mr. Figel has not
seen the books since June and he has moi
had an opportunity TO post them. They
came in court yesterday and testified that
$22S3 paid in by Wenstock, Lubin & Co
had been absorbed, implying it had been
taken and kept by Mr.. FiSel because nc
entry of the transaction was seen on the
hooks OF the firm. They do not show
| that the money was deposited in bank
and went to the credit of the firm. Thi:
is like the other charges of EN- bezzlement
| that must fall, but the line of teslim ony
! followed is to perplex and wrongfulIy in.
| fuence the court.
~ don't like to criticize counsel; they
have their peculiar way OF doing, and
they are welcome to it; 1T is not mine.
They well knew that the bankbo
showed that Mr.. FIcel had deposited the
| Weinstock, Lubin e. Co. money in the bank
to the credit of the firm the very same day
he received it," Then, turning to Witnes.
| RotEchild, Barnes said: And that wit.
ness, therefore, yesterday spoke a false.
hood.
! Attorney Ach arose in defense of hi.
witness. He told what he knew OF The
methods employed by Firel, and claimed
that whereas he knew that the bankbook
did show deposit of $22S6 SO he kne "
that was the proceeds of other defalc a.
tIons - not the Weinstock, Lubin & Co,
money-and was deposited in accordance
with Figeps "kiting" method of embez
zling. Ach further stated that it was HI.
desire to have Flgel take the stand and
testify IN regard to these matters, s'if
can get him there"
"If l understand counsel's motives
| WE'LL" said Barnes, "be has given me
better understanding of the character o
this prosecution than / could otherwise
get until the end of the trial. / am sure
that Judge Murphy, if he had known it
would never have allowed that man tc
make the statement he has. Knowing
that the S2286 SO had been deposited in
bank to the firms credit, he deIioeratel,
procures testimony to cause Mr.. Figel te