The herald., 1897-10-09

enhance the value Of the place and also
the value of the security given on the
| $500 note.
Upon calling at Mr.. Lists office
found he had arranged to loan my mon
ey. but Mr.. Bryant was very persistent
he always is when on a steal sale. He
appealed to my sympathies and told me
he was penniless and had to get money
in order to pay for the necessary attend
ance on his sick mother, and on this
plea I advanced $40 to him. Well, next
day young man, Mr.. Charles Higgins
called for me with. carriage and we
drove down almost to Burbank saw
the town in the distance-and he showed
me the land. 1t was good, level land,
with some brush upon it. I told him l
could better estimate the value of the
land If it was planted out the same as
some orchards at Toluca. He said the
soil was just the same, and digging it
up with the heel Of his boot he said it
would be easily cleared and was good
fruit lard. I was favorably impressed
and while returning to town asked Mr..
Higgins regarding the mortgage. He
spoke of it as an excellent investment
and quoted his father, who remarked,
so he said, that 1t was 80 good that he
would like to get hold Of the land him.
self as it was much better than where
he was.
"The day following Mr. Bryant called
at my house. He had learned from Mr..
Higgins that 1 intended to take up the
one $500 note and mortgage, and I asked
him who would be good attorney to go
to in order to have the papers passed
upon. He recommended Clarence A
Miller, and he and l went to Mr.. Miller's
office. When the time arrived for con-
summating the transaction Mr.. Miller
had a paper ready for my signature, and
which he had prepared, which was
drawn to the effect that had made the
deal independently and unbiased by any
statements made by Mr.. Bryant"
where is that paper?' interposed At
torney Goodrich, rather peremptorily.
"The last time I saw it was in your
hands, when you were examining Mr.
Bryant for perjury"
"Oh, yes; here it is" remarked the at
torney. not quite expecting such re-
tort, and the document was produced.
'"I told Mr. Miller" continued the wit
ness. chat 1 couldn't sign that docu-
ment, and then Mr.. Bryant came in and
l said that had been influenced by him
and to state otherwise would be to tell
what was untrue"
Mr. Goodrich had on several occa-
sions interrupted Mrs. Hoxie in the vol
uble outpouring of her story in order to
enter objections. The witness did not
appreciate the Interruptions, however
and appealed to the court.
He confuses me-" complained Mrs.
Hoxie; when we were on the perjury
trial he shouted so al me that left ou;
several important points. I've waited
three years" concluded witness, with a
touch of indignation in the tone Of her
voice, "to tell my story and II appears
to me the lawyers are doing most of the
talking"
"Mr. Miller drew up forfeit paper"
resumed Mrs. Hoxie, "by which bound
myself to pay $50 If the deal failed to go
through. Yes, I signed II, for I didn't
think my attorney would advise me so.
That was $50 gone. The note and mort
gage were placed in an envelope and
placed with the State Loan ard Trust
company to await the signature of Mrs.
Bryant. was told by Mr.. Bryant that his
brother Wesley would draw UP paper of
the same nature as that drawn by Mr.
Miller, and which I would not hesitate
to sign. Miller explained that the rea-
son Bryant insistned on such a paper
that the deal had been made indie
pendently-was on account of a woman
client who went crazy and they had
difficulties in consequence; it is easily
to be understood why she went crazy
Well I signed this latter paper in the
firm belief that the mortgage was on
the land that had been shown to me
After it was signed I went over and
paid the money and took up the papers"
Mrs HoXie went on to state how when
investigation was made her mortgage
represented barren lard about a mile
and half from the good land shown to
her by Mr.. Higgins. She had beer.
buncoed and she realized it. Judging
from her testimony yesterday the fact
that the sympathetic side of her char
acter had been taken advantage of |
made the wrong-doing of Bryant more
heinous in her eyes than it otherwise |
would have been.
The further hearing will be continued
today.