The San Francisco call., 1898-05-15
CLEVERLY
 DUPED BY
 AN ATTORNEY How Lawyer Cald- well Imposed on Julia AvansenO. Induced to Part With M oney She Drew Out
 of the Bank. Represented That He Could Fix Case in Which She Was
 Interested. USED AN INNOCENT TOOL. The Police Believe Caldwell Has Left the City to Avoid
 Arrest.
USED AN INNOCENT TOOL
The Police Believe Caldwell Hae Left the City to Avoid
 Arrest.

Attorney Caldwell, the we'll known Po- lice Court practitioner, Is likely to find himself in serious trouble. He is accused of obtaining $50 from Mrs. Julia Avan- seno. widow residing on Geary street. near Larlkin. Some time ago Mrs. Avan- seno caused the arrest of w. H. Simpson, machinist, for stealing $70O from her. Simpson was released on 5000 bonds, and through the efforts of several Police Court attorneys he managed to have the case against him dismissed.
 About a week ago Caldwell, it is claimed, visited the residence of Mrs. Avanseno and informed her that Simpson had considerable money in the bank and offered his services In compelling him to disgorge the amount he took from her. He further represented that he had con- suited Attorney Edward Comyn, who de- tended Simpson in the Police Court, and that he was willing to assist him in fore ing her alleged despoiler to return the amount it was claimed that he had fraud ulently obtained from her. The unsus- pecting woman, after listening to his story, promised him handsome fee if he succeeded in recovering the money. Cald- well subsequently went to Comyn. and after unfolding his plan requested him to accompany him to the home of his victim.
 Ut is like getting money from home" he is said to have remarked. Just you
 
 l will do the rest"
 Comyn refused to enter into the scheme and ordered Caldwell out of his office. Caldwell, it is said; afterward hunted up Judge Wirt, who is also Police Court attorney, and informed him of his scheme. He asked Wirt to represent himself as Attorney Comyn, and promised to pay him well for his trouble. Wirt Is said to have accepted the offer, and together they went to the residence of Mrs. Avan- seno.
 Caldwell introduced Wirt as Attorney Ccmyn, and declared that he had volun- teered his services in assisting him to legged to have taken from Mrs. Avanseno Apparently satisfied that Wirt was Attor- aeeed domya fo rve ee dw se ii bs ed in forcing Simpson to disgorge. She suggested that they go to the Hibernia Bank with her, where Accompanied by Caldwell and Wirt, Mrs AVanseno went to the bank and drew out the amount which she promised to give them. She handed the money to Wirt and asked him to at once commence pro- ceedings against Simpson to compel him to return l the money he had taken from her. Caldwell, it is claimed, agreed to lose no time in forcing Simpson to dis gorge.
 After leaving their victim. the attor- neys went to a saloon on McAllister street, where Caldwell induced Wirt to turn over to him the money he had re- ceived from Mrs. Avanseno. Taking 9
  1t to Wirt with the remark that he would see" him in the morning.
 Since then Caldwell has not been seen His friends claim that he is on a spree; but the police are inclined to believe that he has left the city. Several days later Mrs. Avanseno, realizing that she had been duped, visited police headquarters and endeavored to procure warrant for the arrest of Caldwell She was met by Attorney. Walter Gallagher, who is a friend of Caldwell. After hearing her story, Gallagher persuaded her not to have Caldwell arrested until he had been | given a chance to make good the amount | he had taken from her. Attorney Comyn | said last night that after he had learned | of the transaction he went to Mrs. Avan- l seno's house and told her that he knew | nothing of the transaction. She was Sur- prised when she learned that he was At | torney Comyn. The woman admitted to | him that she had given Wirt and Caldwell l $50, but begged him not to say anything | about 1t.
 Mrs Avanseno indignantly denies that | she gave any money to Caldwell or Wirt. | She claims that she does not know the | former and that the story of her having | been duped by him was concocted for the purpose of injuring her. Notwithstanding her denial, there seems to be abund ance of evidence to show that she was not only cleverly swindled out of $50 but that she was at first determined to have arrested.