The San Francisco call., 1898-08-05
CALLED MRS. SATHER MY
 DEAR CHILD" Morris M. Estee Was Disconnected. SENSATIONAL TRIAL OPENS COL. EVANS RETURNED "ToBAC- co SMELLING TRASH" The Plaintiff Makes Deposition and Describes the Papers She
 Is Anxious to
 Regain.
Oakland Office San Francisco Call,
 anS. RrnadWav AuR 4


 The first step in the trial of the suit brought by Mrs. Pedar Sather against Colonel J. r. Evans, Collector of Customs for Manila, was taken to-day, when Mrs. Sather testified before the Commis- sioner. The deposition was taken by At torneys M. M. Estee, Harold Martin and w. J. Robinson in the ,latters office Tn this city before Notary R. J. Montgom- ery Messrs. A. A. Moore and John A. Sanborn were pres znt to represent Mrs. Sather. The deposition was filed with the court this afternoon.
 The purpose of the deposition was to | obtain from Mrs. Sather detailed infor- mation regarding the one hundred and l ten documents for which she is suing. 1 When the suit was filed two weeks ago 1 Mrs. Sather declined to say one word re- | garding it, and her deposition is the first testimony given by the plaintiff. Mrs Sather related that some time ago | Colonel Evans was her attorney and that he had full charge of her affairs. He in- Vestigated the business tranSactlonS De- tween Mrs. Sather and William J. Dlngee, who had been her agent. It was olscoV- cred that there was about Slo,ogo oi1sI Ter ence in favor of Mrs. Sather ana at thhs time M. M. EStee was consulted Io-Qay Mrs Sather said that 1t was With MT. Estee's knowledge that she paid the m terest on the mortgage represented by the SIS 000 and she also understood that he was aware that she had agreed to pay the principal.
 Evans acted as her attorney she turned over to him all the papers relating to her transactions with MT. Dingee. When the colonel settled with Mrs. Sather she says he did not return the valuable documents, but "a lot of old trash, smelling very strongly of tobacco.
 On being pressed to accurately describe the documents, Attorney Moore objected on the ground that Mrs. Sather had al ready stated that they were financial hxtr har nd The witness stated that the papers she sought were monthly statements relat-
 ing to the collection of rents and the pur- chase and sale of real estate. She believed there were one hundred and ten of these statements not in her possession, and she further believes that they would be of great value to her should she be able to
 At one time when Colonel Evans called on her in relation to disputed matters, Mrs. Sather testified, he said, My dear child, why did you do that?''
 Who called you my dear child ?' calculated Mr. Estee, creating the impress sion that he thought she was testifying of her conversaton with him.
 "Colonel Evans, said the lady, where upon MT. EStee appeared to be much re- lieved.
 On the whole Mrs. Sather's evidence was not particularly satisfactory to the defendant, as the attorneys did not elicit from her the detailed nature of the docu- ments which they desired.
 Attorney Sanborn is trying to get the papers to enable a complete examination to be made into the affairs of Mrs. Sather.
 About year ago MT. Dingee ceased to be the agent of Mrs. Sather, and her new agents, Heron & Holcomb, put an ex- pert to work on her former accounts. A little discrepancy was found and she then employed Colonel Evans as her attorney. Dealings between them were not altogeth- CT satisfactory, and MT. Sanborn became her attorney and brought suit to recover the missing monthly statements. MT. Dingee says if any of the statements have been lost they can easily be dupli- cated. He declares he does not under stand how Mrs. Sather can place any value such as s25 900 on the missing pa pers, and he says that he has Mrs. Saith CTS acknowledgment that all accounts be- tween them are settled and correct.