The herald., 1897-10-02
Case Against Mrs. Matte
Jenkins Dismissed
DISCHARGED ON MOTION
DE oRooT CALLED TO ACCOUNT
FoR HIS TRANSACTION
A Breach Of Promise Case-Will Of
William Lacy Refused Probate.
County Officers Report

Mrs. Matte Jenkins scored her odd
point in the township court yesterday
and won the game.
The lady is out of Jail, and may go on
her way rejoicing. and DR.. Bert Ellis
is out just a cool $500. Mrs. jenkins
maintained that she intended fully to
repay the money to the doctor, but she
would scarcely be human if she allowed
her intention, at any future day. get too
much the mastery of her, after the days
she has passed in Jail, with the states
prison casting its shadow over her.
When the case came up before JUS
tice Young yesterday Attorney Udell
was loaded and primed with law till it
almost exuded from the pores of his
ekin. He filed brief with the court and
then briefly read from numerous tones of
law multiplicity of cases going to show
that the supreme court of this and other
states had held that a man might pu.
his money out in any scheme, and with
out using his judgment in the slight
est degree, hold the person or persons
who had obtained 1t answerable by
criminal process. This was the point
upon which the court wanted informa-
ton, and he got it-plenty Of it.
During the argument Of counsel Mrs
Jenkins sat, as on the day previous. by
the side of her counsel Frank Davis
She was attired in the same costume as
on the first day, and was CHASTITY pale.
When Attorney Udell concluded the
court did not care to hear anything
further from Mr.. McComas or defending
counsel. II think there are three good
reasons why this case should be dis
missed" began Justice Young. I'm the
nrst place. and as matter of fact, there
has been no fraud shown Dr. Bert
Ellis, 1t has clearly appeared. took up
the two notes before they were due, ana
neither he or any other person can know
whether there was fraud in that regard
or not Because this defendant had MOI
taken up the notes previous to that time
does not warrant the inference that she
would not have done so.
I'm the second place, these parties had
three different transactions where
money was loaned. There was first 5000
advanced to release the defendants
property from pawn, and later $500 in
the whisky transaction; the last loan
was one in which one of the ncipal
inducements for making it was that
the profits would pay up the first and
second notes. 1t is evident that the
first notes were not paid and when the
lady again presented herself. asking for
$500, and when he was put upon inquiry
why the first one had not been paid, he
failed to make any investigation. With
in five minutes he might have found out
just how matters were, and allowed two
days to elapse while considering the
proposition. Then he comes in to ask
the criminal law to punish a crime he
himself could have prevented. do not
Of California shall be guardian in such
case, and that man shall not exercise
ordinary prudence.
''In the third place, I am not satisfied
that any jury can determine that the
two notes lying unpaid in the bank or
the two in court are the two upon which
this transaction is predicated.
ut is the judgment Of the court that
this case be dismissed and the defend
ant discharged"
AS the order OF dismissal was made
pressed close to her counsel while she
shook his hand. All in court were MAX
ing for the door, but she pressed through
and walking rapidly around to Justics
Young, she shook hands with him also
and thanked him. Then, with her coun-
sci, she went out to life and liberty and
bade farewell to the barred windows Of
her recent domicile