The San Francisco call., 1898-02-17

up matters in the murder trial. It was not admitted however, that the money was embedded, but on the contrary, the defense stated that no crime had been committed and that at the proper time it would be clearly shown that although no accounts were made of the transac- tions no money had been embedded.
 Judge Murphy, for the prosecution, was not willing to accept the admissions, but he was instructed by Judge Cook to re- ceive the admission and place 1t before the iurY as considerable time would be saved thereby and it would take at least six weeks to secure and examine wit nesses for the purpose of proving the all legged embeZZlements. Judge Murphy stated that he would accept the offer Of the defense to accommodate court and jury.
 From memorandum furnished by Gen. eral Barnes, of the defense, Judge Mur- phy announced to the jury that Figel had received amounts which had not been accounted for, aggregating s9646 46 The amount of $9077 13, which was stated m the preliminary examination to have been embedded by the defendant, was also n- cluded in the admission, which made a total of $1S,732 59. Although it was ad- mitted by the defense that the sums had been received and not accounted for by F1gel, the charge of embezzlement was strenuously denied. It was distinctly stipulated by the defense that the admis- sion of the receipt of the money should be only in the present case and not to be referred to in the embezzlement charges, should they ever be brought before the attention of the court.
 After the receipt of the moneys had been placed in evidence. Bernard Joseph who is in the office of Hoffman, Rothchild x Co, was called, and testified that Figel had frequently borrowed money from him during the years of 1896 and lS97 Isaac Gellert was called and testified as to the S9oOO receipt, but no new points were brought out by the testimony of the wit ness.
 Charles F. Hunt of the Paris, London and American Bank was called at the ufy the account of Hoffman, Rothchild & Co. The defense admitted the account from May IS, 1896, up to June l, 1Sg7 The witness was followed by Edward s Rotho child. who stated, under examination that he had discovered that S95OO had been drawn which had not been accounted for. He also said that the New York store and the local branch store had jointly paid the firm, above all expenses for the wear or 1886, profit of SIP 900. Under cross examination the witness stated that FigeI drafts for the firm, but that the matter was or no importance. Eleven deposit tags of the First National Bank were cution.
 Then handwriting experts made their appearance. George O. Mitchell, Peter D Horton and r. EisenSchimmel all testified that the signature of Isaac Hoffman on T 1lle s9oVo receipt was not genuine. Daniel I. Ames, another expert, was called hut did not make his appearance. While he was pelng called Judge Murphy for the prosecution stated that after inc testi mony of Ames had been given he wouId rest ms case If he found nothing of inn portance had been omitted after he had read the testimony given by the various witnesses examined
 George W: Russell stated that the hole Rothchild x Co.,, alleged to be a bullet hoie, has been made larger and con Slderably changed since he saw if m, tba afternoon Of June 9 Under cross-examS lnauon he stated that the hole had been Ilaoe ma poth wider and longer, but he was not aware or the means used
 An adjournment was then taken ,,n+i1 10 o'clock this morning, when if is nrnb aple the testimony of Ames will be heard ana testimony introduced by the dafenSe from statements made by the counsel for the defense it will be attempted to sbou, 10 the Jury that Isaac Hoffman con,, mltted suicide and that the body was not III the same condition after 1t had been taken to the Morgue as 1t was on arrivai at the Receiving Hospital. It will he co,ai ni tended and evidence produced to show atpoWder marks were easily seen on tbo race or the deceased at the time ha ,ra. taken to the hospital, but throueh the operations all marks of self-destrnctinnn itln were erased Other testimony will he 99l99usnt torth tending to show that the defendant was the victim of cfrc,n,o stances and that Isaac Hoffman da- Stroyed himself after he had emha,zI, the funds of the firm eu