The herald., 1897-10-01

did you ever. until the arrest Of Mrs
Jenkins. make any inquiries Of Mrs
0otthelf?"
"Yes: when returned from the eas
In July. through my attorney"
But not personally"
II considered. II I did It through my
attorney It was the same a. II I did i
myself"
when you returned did you fnt
where Mrs. Jenkins was?"
II saw by the papers she was at tn,
Auditorium, Chicago. and went to Sai
Francisco in August"
why didn't you have her arrested a
San Francisco?"
Because the notes weren't due"
when did the fret fall due?"
ION August ,25th.'
And when did you pay it?"
I can't say without looking at my
check book
You had not been sued or any pro.
ceedinge taken to make you pay?"
II was notified by the bank, and paid
it,"
did you notify Mrs. Jenkins that the
| note was about due. and give her ar
opportunity to meet it?"
II did. wrote her on August 17th."
AFTERNOON SESSION
Upon court reconvening at o'clock
Mr.. Davis resumed his examination OF
DR.. Bert Ellis with regard to the letter
which he sent Mrs. Jenkins, notifying
her that the notes would soon fall due.
The witness submitted a copy of the
letter, which he had retained. Other
letters also were submitted by witness
~. -
Jenkins since the time when he discov-
cred that the Gotthelf partn ership
scheme was a myth. One letter. DR.
Ellis stated. he had sent to the defendant
last Friday, a copy of which he had not
retained.
With regard to the letters under date
Of August 30th, and September 10Th the
witness stated that they were exact
copies of the letters sent. Upon witness
reading the first communication, Mr..
McComas moved that 1t be stricken out.
1t referred to an operation that Mrs.
Jenkins was about to have performed
in San Francisco. The court overruled
the motion. Mr.. McComas maintained
that the letter was foreign to the issue,
but Mr.. Davis explained for the benefit
Of the deputy district attorney that he
would attempt to make it domestic to
the issue. And in went the letters.
when the money was obtained, IN
| May, it did not pass into your hands,
did it?"
mo, SIR"
"And of your own knowledge you don't
know she ever got a dollar?"
mo, SIR"
1.-THE money you paid to the bank was
not in her presence, and she had nothing
to do with the Transaction"
mo, SIR
"You are confident Mrs. Jenkins said
she had paid madame $500 and that it
was necessary to put up $500 before 3
o'clock in the afternoon?"
Eyes, SIR"
And she told you next day that she
had had an extension of time granted?"
Eyes, sir. My remembrance Is that
she telephoned me saying that Nine
Gotthelf had extended the time to 8
o'clock next day the 18TH"
"And on the strength Of her represen-
tation that payment was to be made on
the 18th you helped bar out?"
"Yes, SIR
It seemed as II witness was drifting
HIS OWA case away tAc ChdA &c dlAC6CO
being specific on the 10TH and so MI.
McComas interposed to ask witness If he
knew Just how he was answering coun-
sells questions. He warned him to look
out, as Mr.. Davis was a very cunning
fellow and would lead him astray.
THE ARREST PLANNED
DR.. Bert Ellis, being asked to recite the
substance of the letter he sent to the
defendant on last Friday. said it was
merely making an appointment and say
ing that he would be in San Francisco
and would send up his card at q certain
hour.
You made an appointment in order
that she might be expecting you. and
that she might be captured by the dep
uty sheriff, did you not?" inquired Mr..
Davis
IT guess that's about how 1t was" was
the reply.
"And you had no intention Of going to
San Francisco?"
mot at that time"
"And your personal card was sent up
by the deputy sheriff 90 that Mrs Jenk-
ins might anticipate receiving you with
pleasure and be captured by the off1cer?"
YeS; tnat'S ABOUT IT,
'Is that, doctor, not a case Of willful
and false Misrepresentation? And Mr.
Davis injected tinge Of sarcasm into
his voice as he asked the question.
| Objection was taken by the prosecu-
tion and sustained.
Witness, in answer to Mr.. Davis
queries, stated that he paid the notes
two days before they fell due, in order
chat If ever opportunity offered to sue
for recovery he could do so.
"You were thinking. then, Of recov-
ering by civil process?" was Mr.. Davis
next inquiry.
Eyes, SIR
when did the question Of false rep
reservations first creep into your mind ?"
II really could not tell you"
Dr. Ellis was questioned at length on
this point, but could not tell just when
the idea first occurred to him. He denied
that any suggestion came from the dis
| trict attorney, and could not say wheth-
er it came to him by intuition or not
That ended his examination, and he was
retired from the stand.
MRS. JENKINS AMBITION
Madame Dora Gotthelf, of the fash
ionable millinery store at 121 Spring
street, testified that she had carried on
business for thirteen years. She knew,
she said, Mrs. Jenkins as a customer,
but denied that she ever paid witness
any money for any interest in her busi-
r,ass.
On cross-examiration, Madame Gott-