The herald., 1898-01-20
Is Now Charged Against
Mrs. Creede
Is A MORPHINE INToxlcANT
MAGGIE KEARNY DENIED oSCU-
LAToRY INDULGENCE
Cal Hunter Told How He Posed as
Mrs. Creede's Legal Adviser and
Was Also Creede's Friend

While there were developed no new
or startling facts in the Creede will con-
test yesterday, save perhaps in the
way of expert testimony, the interest
was well sustained.
The star witness for the defense
from the popular if not the technical
standpoint-in the person of Miss Mag
gle Kearny, went upon the witness
stand. The young lady is of prepos-
sessing appearance and although to say
that she wears spectacles might seem to
conjure the minds eye person of aged
appearance, such an impression would
be altogether wrong. AS matter OF
fact she appears to be young lady OF
perhaps 26 or 2S years, and it was with
some surprise that her intimation that
she was just ten years older was re-
ceived in court Mr.. Gage examined the
young lady most circumspectly. She
was questioned as to certain specific
acts, and then the examination ended.
The opportunities of the counsel on the
other side to cross-examine were con-
sequently very limited, for no door had
been opened to allow any extended
range of investigation.
The expert testimony of the doctors
was of the usual order in some respects
and quite unusual in others. 1t is al
ways certain in any case that comes up
in court for the experts on the one side
to be contradicted generally and in de-
tail by the experts on the other. 1t is
not always, however, that an expert is
as positive or as dogmatic in tone as
DR.. Kurtz was yesterday. On the very
first rattle he was going to debate with
his own counsel, Mr.. Gage, but being
promptly called down he proceeded with
modest assurance until the cross-ex-
animation was reached. Then the wit
ness showed an ability to fence and ex-
tract some fun from dry material that
was at times amusing.
1t is not to be anticipated that the
expert testimony In the case will have
much weight with the court for the rea-
son, If no other existed, that for all pur-
poses Of forming a sufficient judgment
regarding Mrs. Creedes condition with
regard to the question of her being a
habitual user of morphine, certain facts
in connection with the drug and it's in
fluence on the body and mind are mat
ters of common knowledge and doubt
less within the personal cogniZance of
the court.
THE FIGHTING CONTRACT
The session opened yesterday with Judge
Lamme upon the stand-the genial gen.
tleman who was officially recognized by
the court as "the only Lamme." He was
upon the witness stand only for a mo-
ment, and long enough to produce the orig
inal contract made by him with Mrs.
Creede. upon which he was to begin suit
for her against her husband.
Next j. M. Elliott, president of the First
National bank, was put forward to tell
about the signing of the contract of sep
aration by Mrs. Creede on Saturday, jan
uary ., 1897
"Who was present at that interview"
was the first question asked by Mr.. Gage
Mrs. Creede, Mr.. Jones and myself" was
the reply.
Proceeding to detail the circumstances
leading up to the meeting and the meeting
itself, the witness said:
81 received a telephone message asking
me to remain al my office. Mr.. Jones came
over with Mrs. Creede, and the three of us
went into one of the back rooms. The SUBJ
ject matter that most impressed me dur
ing the interview was that Mrs. Creede
stated that she was afraid Mr.. Creede
would stop the check, and she wouldn't get
the money"
How was the matter adjusted?'
Il told her / could give her a cashiers
check, a duplicate deposit ticket, or put
the money to her account. I asked her if
she wished me to sign the agreement as
witness, and with her consent did so. She
did not leave the bank crying, but ap-
peared to be quite rational. / remember
too she said she wanted $4,000 and a good
deal of time was taken up in discussion of
that point. The two points impressed upon
me were her solicitude regarding the get
ting of the money on the check, and her
expressed desre-for $25 O00.''
Upon cross-eXamination by Judge Hun
saker, witness stated that he had been in
troduced to Mrs. Creede some time before
by the paying teller, and although he had
not attended TO her business when she
called at the bank, her personality was
impressed upon his mind.
Then you had seen her only few times,
CASUALTY" inquired counsel
mot casually, for my attention was
drawn to her"
''What hour in the afternoon was 1t that
Mr.. Jones and Mrs. Creede came to the
bank?'
1T was some time after closing-possi-
bly, about o'clock"
Where were you at that timer"
Il was reading in the back room of the
bank, and went to open the door. The bank
was Uttered up by workmen who were
making repairs at that time"
"You do remember Mrs. Creede's in
sisting upon s25,GOO?"
mot insisting, but remarking she ought
to have 25GoO."
"What did Mr.. Jones say?"
81 can't recall what he said"
You can't remember anything he said
at all?"
mot any specific remark"
IF you remember anything more that
was said, other than you have already stat
ed in direct or cross-examination, please
state it,
THE only other remark remember. and
1t was quite immateral, was her remark
that it was dusty place to bring a lady
to-"
"Anything more?"
my impression is 1 gave her duplicate
deposit check and then the document was
signed
How many papers did she sign?'
81 don't know if the contract was signed
in duplicate or not, but she also endorsed
the check"
"You have recollection of her signing a.
deed?" interrogated the court.
"No, sir; she may have done So but I
have no recollection of It,"
Mr.. Gage submitted the deed to witness
and he testified to his signature upon it.
He said he had no remembrance of its be-
Ing signed. President Elliott then gave as
the amount of business done by Mrs. Creede