The herald., 1897-10-01
- Prosecution Of Mrs.
jenkins Closes
DEFENSE DEMANDS DISMISSAL
zxxx now HINGES ON A LAW
POINT
The 0olding Divorce-Mrs. Anna p.
spencer Foreclosed- Ala
media Double Track

media Double Track
Mrs. Matte jenkins, as the case stands
ct present. has won nine points out of a
possible ten.
Good, big chunks Of law were banded
about In the township court yesterday
In the prosecution Of the defendant Tor
having. by false pretenses and misrep-
resentation, obtained from Dr. Bert Ellis
the sum Of $500. Deputy District Attor-
ney McComas, in behalf Of the people,
put in q clean cut case, but in some
particulars 1t was just trifle too clean
cut. for Attorney Frank Davis, who rep
resented the defendant. in arguing for
dismissed Of the action made g. very
clever showing that detractedvery much
from the strength Of the prosecutors
case.
Briefly put, there were on August 18th
four notes made by Mrs. Jenkins, each
one being for $3.50. or $1,000 in all. OF this
total amount $500 was to cover certain
business transactions between the de-
1endant and the prosecuting witness,
which were legitimate and were not i'm
pugned; the other two notes, for $500,
represented the guilty money, so to
speak, obtained by Mrs Jenkins by false
representations made to DR.. Bert Ellis.
Counsel for the defense, In his argument
wanted to know who could discriminate
~ to these notes; whether the two notes
reposing In the bank vaults might not
represent the guilty money, and the two
submitted in evidence represent the un-
impugned business transaction between
the parties. AS matter Of fact the
prosecution, in claiming that the $500
had been unlawfully obtained. there be-
ing q shortage of that amount on the
four notes for $3.50 each, took any two
Of the old notes to represent the guilty.
That such determination may be ar
rived at by reasoning is true, but counsel
showed that the law does not counte-
nance any such hap-hazard way of dis
eliminating documents upon which the
liberty of a person is made to turn.
When DR.. Bert Ellis put his signature
to the accommodation paper and Mrs.
Jenkins drew down the money it was the
bank that paid the money, counsel con-
tended, and not the doctor. It was the
banks money that paid for that trip
Of Mrs. jenkins to Chicago, and, al
though the doctors signature on Mrs
Jenkins notes may have established a
liability on her part, such thing would
be matter Tor civil action at the time
the note arrived at maturity. Primarily,
Mr.. Davis urged. the bank was the suf-
haH
fully obtained.
Then when the notes became due, and
$500 was lost to DR.. Ellis, no allegation
had been made Of any date when any
amount had been lost. On August oath.
when he paid over to the bank the
amount Of the notes. he himself testified
that the defendant was not present or
. party to the transaction.
The burden Of counsel's remarks was
to the effect that if any wrong had been
committed. 1t certainly was not that
charged, either in the first complaint
or In the later one filed just before the
trial of the case. Mr.. Davis, in a semi
humorous way, dealt DR.. Ellis one or
two sharp knocks. He alluded to the
section Of the penal code defining the
crime charged, and drew attention to his
own statements that he had backed the
Judgment of Mrs. Jenkins with his
money and had lost. He had never
taken the slightest trouble to verify
her statements or inquire in any way
about them, although he had a tele-
phone in his Office.
On this last proposition Mr.. McComas
wanted to be heard. He contended that
he ~ ,{o ~ Z, o15
that a man may lie back and make no
effort whatever to protect himself. and
yet have cause Of action IL anything
should go wrong.
Counsel couldn't quote chapter and
verse, but he knew of the decision and
could put his hand upon it. Justice
Young stated that the lack Of any rea-
sonable steps by an Injured party seemed
70 him to nullify such proceeding as
that at bar, and he would much like to
zee the decision alluded to by Mr.. Nc
Comas. Counsel will file briefs on this
point and then the court will decide
whether the case shall be dismissed or
the prosecutors own case or give the
defense hearing.
Meantime, and through the long day,
Mrs. Jenkins sat between her counsel
and her brother, w. G.. Antrim, who
came from San Francisco to be with his
sister in her trouble. She was garbed
In black, with jaunty black velvet hat,
fashionably trimmed, and a double
breasted jacket of rough, black goods.
A dainty brooch formed Of pearls and
surmounted by tiny cross formed also
Of the delicate gems, was the only ar
ticle of jewelry she wore. Throughout
the examination she was impassive, and
only on occasions would she turn and
converse with her counsel
Before the examination opened Mr.
HcComas drew another complaint ir
place Of the one upon which the de-
fendant was arrested. The first beine
dismissed, Mrs. Jenkins was arraignec
on the second. waived time and the
hearing began.
ON FRIENDLY TERMS
DR.. H. Bert Ellis Of 731 West Eleventh
street, the eye, ear and nose specialist
was the first witness and gave his ags
as "a years. He stated he had knowr
Mrs. Jenkins for about four years auc
IN response to the request of Mr.. Nc.