The San Francisco call., 1897-05-29
MRS, H|NCKLEY IS
NOT IN CON TEMPT
Denies That Judge Hunts
Order Was Handed
to Her.
Charles S. Bartlett's Queer Antics
While Trying to Serve a
Summons.
On stion of Veracity Raised in Which
There Is a Man on One Side and
Two Women on the Other.

Mrs. Florence Blythe. Hinckley has
temporarily escaped the penalties of con-
tempt of court yesterday because Judge
Hunt has not been fully convinced that
she was legally summoned to appear be-
fore notary public and give her deposi-
ticn in the case OF Bergin VS.. Hinckley.
Several days ago an affidavit signed by
Charles S. Bartlett was filed in Judge
Hunts court alleging that the affiant
served on Mrs. Hinckley the summons of
the court which directed that she saould
give her deposition at the time and place
specified. 1t was shown that Mrs. Hinck-
ley failed to appear, and thereupon the
order was issued that she should be com.
PEELED to show cause why she should not
be punished for contempt of court for dis
regarding the courts mandate.
When the case was called yesterday
Mrs. Hinckley was not present, but At
torney w. II. FL. Hart, representing the
lady, presented her affidavit setting forth
that no service of the summons had been
made on her. for which reason she did not
consider herself legally bound to visit the
notary public.
An affidavit signed by Mrs. Mary Hinck-
ley was also presented corroborating all
that Mrs. Florence Hlnckley b ad SAID.
Mr.. Bartlett was called to the Witness
stand and fatty contradicted the ladies.
He said he went to the Hlnckley residence
In Fruitvale; that he met Mrs. Mary
Hlnckley and told her he was sent bv
General Hart to see Mrs Florence Hinck-
ley, and that Mrs. Mary Hlnckley told him
that the lady WAS not to be seen.
Il heard Mrs. Florence Hinckley at the
piano in the next room, the door of which
was open, and recognized her voice." con-
tinued Bartlett. so l knew she was at
home. | went outside the house and
waued Tor awhile in the shadow of the
stable. Then l slipped along under the
hedge until | came to the back yard.
While there l heard child calling,
'Auntie, auntie,' and saw Mrs. Florence
Hinckley standing before me. | went up
to her and handed her the two papers that
| was to serve on her. She exclaimed
oh my ! and hastened into the house.
knew her because l had seen her before. !"
Bartlett said he went to serve the pa
pers to accommodate a friend, and be-
cause he had heard that Mrs. Hinckley
wanted to borrow money, and he had a
friend who had cash 10 lend.
Did you talk to her auout the money
proposition when you handed her those
papers?" asked Judge Hunt.
No"
"W ny. didn't you step into the room
where you say Mrs. Hinckiey was at the
piano and serve the papers OH her then"
because Iddn't want to do anything
ungentlemanly." r.,
The court was curious to know if that
was the consideration which impelled him
to say he was from General Harps office,
and to slip along the hedge to the back
yard, but Bartlett M ade no response.
Mrs. Mary Hinckley was sworn as a wit
ness. and disputed Bartlett story atevery
point. She said that Mrs. Florenc ce
HinckIey was in the children's bedroom,
and that she was not at the piano, as
Bartlett swore; that she did not go out
into the yard at the time he said he saw
her there, and that she explained that she
told b i'm that Mrs. Florence Hinckley had
not seen anybody since the death of her
husband.
Judge Hunt intimated that he was not
particularly impressed with Bartlett's ex-
planation, but he would give him an op-
portunity TO establish his position if he
could do so, and continued the hearing
until next Tuesday, at which time MIR.
Hart promised that Mrs. Florence Hinck-
ley will be in court and submit herself to
examination by court and counsel. He
added that there was no occasion TO go 10
trouble in serving papers on his client, as
be is authorized to acknowledge summons
for her in any and all litigation in which
she is party in interest