The San Francisco call., 1898-02-16
ADMISSIONS OF
 THE DEFENDANT Fioel Had an Account With the First National
 Bank.
The Defense However States That EmbezzlennentC Charges Will
 Be Left for Proof.

Testimony of many descriptions was given in the Figel case yesterday. one witness would be called to speak of blood stains and loud words, and again the evidence would rest on checks, blank books and receipts, for the purpose of proving a motive for the alleged murder following the loud words testified to-
 General Barnes was rather late making his appearance as he had been called as a witness in another department, but when he took his seat by the side of the defendant, Henry L. Smith, secretary of the Board of Trade. was called to again testify to the "Board of Trade" check for s436 36 He was followed by Clarence M. Post. a clerk in the employ of -Aoffman, Rothchild & Co.,, who testified that F1gel had been in the habit of opening letters addressed to the firm, but always in the presence of Isaac Hoffman, and that other clerks in the employ of the firm had been given the same privilege.
 Joseph M. Rothchild, brother of Ed ward S. kothchild and a partner of At torney Henry Ach, was next called. His testimony touched upon business trans actions here and there, and also reverted to the keeping of an account by the de- fendant in the First National Bank, which the witness stated was contrary to the orders of the members of the firm. The defense admitted that the defendant had received moneys charged and had deposit ed them to his own account in the First National Bank, but it was stated by General Barnes t--a. the offense of em- beZzlement would be left for proof. The admission was accepted by the prosecu- tion, but it proceeded to show that Theo- dore Figel had received and misappro- priated the funds.
 Henry Jacobs. a drayman, was then called, and his testimony as to his having seen Lauer, the drayman, on the even ing of June l was twisted in with the testimony on embeZzlement charges and allegations.
 Just prior to the noon recess Attorney Ach was placed on the stand, and at the opening of the afternoon session the wit ness was recalled. He went over an interview he had with Theodore Figcl concerning various checks which con cerned the firm, and on which hinges the charges of embezzlement Eight checks on the London, Paris and Ameri- can Bank, calling for from $1OOd to 5000, were spoken of tending to prove that the defendant had drawn the checks for his own use, and had afterward forged the name of Isaac Hoffman on a receipt for $500 prior to the alleged murder for the purpose or diverting suspicion from hi:n- self The cash books, etc, were placed m evidence and much testimony given at the preliminary examination was heard There was no cross-examina- tion.
 M. Zirker, Merced merchant. told of payments made to the firm of Hoffman. Rothchild & Co.,, for $75O and $500. and that he had received full value for the amounts. s. E. Cornell, also a clothier of Merced, was called concerning a check for $294 46 and the defense admitted that l the defendant had signed checks and re- ever given a chance.
 Isaac Geillert testified that he had re ceived $500 from MT. Zirker and had given him receipt for it. Bernard Jo-