The San Francisco call., 1897-07-14

was crowded and among the spectator;
were a number of business men, who
watched the proceedings closely.
Before the proceedings began Prosecut,
ing Attorney Spinetti asked that Attorney
Henry Ach be placed on the record as
associate counsel with himself and ex-
Judge Murphy for the prosecution.
The defendant, who was dressed in his
usual neat manner, sat behind his coun-
sci, General w. H. l.. Barnes and ex-Judge
Louderback. He looked deadly pale, and
during the cross examination of the wit
nesses he prom pied his attorneys.
The particular case selected for hearing
was the EN- mbezzement of draft on the
Bank of Chico for $436 36 sent by H. Sill
verstein of that city OIL May Is 10 II. L.
Smith, secretary of the Board of Trade
here, and by him indorsed on Nav II ami
sent 10 Hoffman, Rcthchild & Co., VINO
were trustees for the creditors In the
estate of Kurtz & Korn. Hoffman, Roth
child & Co. Oh May 10 sent their own
check dated May Is for the same amount
on the London, Paris and American
Bank tc Secretary Smith so that he could
distri butte 1t pro rata among the creditors
The draft instead of being deposited with
the London, Paris and American Bank
was deposited with the First National
Bank in Figel's private account.
a surprise was sprung upon the defense
by the prosecution by the Introduction OF
evidence to show other embr III ements by
the defendant in confederation of the
charge being heard. Judge Murphy
sprang the surprise, and was at once met
with an objectou from Judge Louder
back. Murphy quoted The Peop.e VS..
Gray in support OF his argument, and said
he had numerous other authorities on the
point. General Barnes was silent, and
the Judge promptly overruled the Office
tons.
1t 10 apparent from the action of the
prosecution in having the embezzlemen MT
and forgery charges heard before the
murder charge that they want to show a
motive Tor the com mission OF the capital
offense.
The irst witness called was Secretary
Smith OF the Board of Trade, who identi-
ned the Chico draft and his Endorsement
thereon. He sent the draft on May II bv
a messenger 10 Hoffman, Rothchild G.
Co., and the same day received their
check for similar amount.
CroSs-eXamined by General Barnes. the
witness said he could not tell the exact
time of day he received the draft from
Chico. He recolected that he handed it
to his second assistant, Emmett Hew-
man, Rothchild d Co. The draft be-
longed to that firm as trustees for the
executors OF Kurtz & Korn. They were
creditors TO the extent of $40, and their
pro rata share of the draft which he paid
them on May 20 was S64 90
Isaac Gellert, bookkeeper Of Hoffman.
Rothchild & Co., testified that on Nav II
he assisted Figei as accountant to the
firm. He was handed the Chico draft and
said thas he received it en- Nav II from
representative of the Board OF Trade.
Attorney Ach handed the witness
book and he identified it as one in which
:he ca sh en- ntries were made. He pointed
out :he entry OF the $436 SO draft on
May II. He handed the draft to Figel,
but did not know what FigeI did with it.
He identified the words PAY to the order
of Theo. A. Figel" on th back of the draft
rs in FigePs handwriting. The cashboo
and draft were then offered in evidence.
Cross-examined by Louderback, the wit
ness said he did not remem ber who the
messenger was that brought the draft to
him from the Board of Trade, nor could
he recollect the time of day. Figel was
absent at the time, bu: as soon as he re-
turned the draft was handed to him.
There was craning of necks when Ed
ward S. Rotbcnild, a mem Der of the firm
of Hoffman, Rothchild & Co, took the
stand. He testified hat the firm was or
ganiZed on May Is, 1896. Charles Hoff-
man, one OF the partners, who had charge
of the mandatory in New York, had to
go to Colorado Springs for his health and
witness went to New York TO take charge
during his absence, believing that he
could be better spared here than Isaac
Hoffman, now deceased. From the time
he entered the firm until the death OF