The herald., 1897-10-10

Davis wanted fair share of the plunder
however, and insisted that he have $3.50
Ware told him specifically that the
owner of the lot was to know nothing
Of the transaction, and that it was i'm
possible that he could find, out anything
about 1t inside of six months. The de-
| fendant was also assured that if any
thing should happen the principals in
the deal would stand by him, and Ware
told him that he. too, would do the same
thing and that if he was arrested bail
would be furnished and witnesses found
| to clear him.
| All Of this, according to Wares tes-
| timony, was perfectly satisfactory to
the defendant. and he said when the
deed was turned over to him and record
ed in his name that he would go and ge:
| the money on it. He would take $3.50 for
himself and the balance might be divided
as the others saw fit. The next step
taken was when Compton actually made
out the deed and had Notary King ac-
knowledge it. Witness took ii to the de-
PENDANT and the after recorded it. After
that Ware and defendant went to Mrs
Relnolds' office and she gave defendant
a card to the American Loan people to
see about getting the money on the lot.
That firm agreed to furnish the loan OF
the money, but they wanted certificate
Oh ute from another company other
than the one he had. Ware and Davis
went UP to the Title Insurance and Trus;
company's office and Davis ordered a
certificate Of title. to lot l of the Daly
tract.
The next day Davis agreed to go
PACK and fix up the mortgage, and he
prepared and signed the papers and put
tnem IN escrow. After that was all done
Davis told Ware that the Title Insur-
ance people had tod him to come back
on wednesday morning at 10 o'clock and
the matter would be completed Prompt
ly on time defendant went to the Title
insurance and Trust comparys office
and got the check. Ware didn't see the
precious document but Davis told him
it was for $951.40, the expenses of prepar-
ing the abstract being deducted.
The defendant then went to the Colum-
bia Savings bank and cashed the check.
while Ware remained OH the opposite
side Of the street There is hon or among
thieves-sometimes- Davis. when
he came out of the bank, handed over
$1O1.40, retaining the balance as his
!
loon on Spring street, the name of which
witness did not kx1ow.
That practically was Wares testi-
mony, and he is the kingpin of the pros
ecution's case. Whep the defense
opened in the afternoon the defendant,
A. E. Davis, went upon the stas.5 in, his
own defense. He stated that he had
been in Los Angeles since last February
L have run deiicacy store a asa
South Hill street." said he, land I first
met Ware shortly after arriving in Los
Angeles at his real estate office a Tenth
and Grand aversue. For a short time |
roomed at his house and got we'll ac-
quainted with him. About the 14th of
May Ware came to me at my store and |
he asked, me to help him out on a real |
estate deal. He said he had judgment
hanging over his head and didn't care
to have real estate standing in his anne |
answered him shortly aud told him l !
was too busy with my business. Two
days later he returned and repeated |
what he had said before. He said he
had some property in Denver an6, want
ed to make a deal with Mr.. Greere
for property at Oak and Washington,
and he would pay me we'll. He said the
Oak street property was worth $4,000 and
he expected to make about $500 out of
it. I thought it over and told him l W as
ready to make money if l could avld he
proceeded to explain that Greene would
make the deed to me, and also made
some further explanation regarding the
abstract. When he next came he took
me down and introduced me to Mrs
Reinolds. He asked her for card for
me to the American Loan company,
ard when l got 1t I went over and talked
with Mr. Moore over loan of $500 on
the lot. Mr.. Moore told me to return
next day, and went over and saw Ware
and told him they were going to see the
property. 1 never saw the deed until
May 21. When Ware brought it he
asked me to go with him and have it re-
corded. We then went to the Title
insurance and Trust company and Or
dered certificate Of title. They asked
at whose request and Ware replied A.
e. Davis. Ware came to my store the
day following anu wanted to know if
had gone up to see Moore, and I told him
that I had not that had been too busy
At his request did then go and see Mr.
Moore and learned that only $1,000
would be advanced. reported to Ware
axd he said he supposed that would o.
At that time didn't know the Columbia
bank was going to advance the money,
but thought it was the American Loan
people.
about the 26th Ware came to me an6,
asked me if I had been up to see about
getting the money. l said hadn't, so
We both started down town and went to
the Title Insurance and Trust company
and got a check for the amount less the
expenses. I went to the Citizens bank,
after getting Mr.. Moore 70 identify me-
and received s951.60 Upon coming out
from the bank Ware was in waiting and,
he led the way TO a saloon and he told
me to take $3.50 ard give him the balance
as he was in a hurry, and that he would,
see me later. picked, from off the table
he took the remainder. I then started
for home and in passing the Broadway
bank stepped inside and deposited the
$3.50. The next day I drew down, $1O
which I expended. in my business"
"At the time this deal was ma de and
when you ard your wife made this mort
gage, haG you any idea that forgery
or avly other crime had been committed" ?"
inquired Mr.. Shinn.
None whatever, sir" replied the wit
ness.
did you not think $3.50 was a large
fee for the work you did; tell the jury in
that regard?"
II thought when l got that $3.50 that