The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1903-09-02
SWEARs WHITE.
DECEIVED. HER
Divorced Wife Charges
That Dead Capitalist
W!ronged Her.
Let Her Believe During Visits
to Him That They Were
Still Married:


After listening to arguments all yester-
day morning and Monday afternoon Judge
Trout yesterday decided that any con-
.versations Mrs Jennie White; had with
the late Jonathan l.. White; her former
husband. were privileged and she could
not disclose them to the court: This ruI-
ing closed the door against the admis-
sion of certain letters and. statements
which the counsel for the plaintiff deemed
very material to their client case. De-
spite the ruling, however, judge John r.
Aitl6en. and Judge ": L. Pierce succeeded
in eliciting testimony that.wili he OF value
to them in the general summing up of the
case. g.
The feeling between. COUNSEL on both
sides is strained. Attorneys 3Treadwell
and heirs. have shown some asperity in
their dealings with Messrs. Pierce and
Aiken a humber OF times yesterday
Judge Trout. was forced to take a hand
in the heated discussion that ensaed. be-.
tween opposing counsel.
CAUTIONS ATTORNEYS
ct seems 10 me,,' interrupted the court
during a hot exchange of words, that
members Of the Ilat should. aim TO avoid
| friction and try not to charge each other
With bad: faith: Let's try and get to the
merits OF this ease in an orderly manner
This 'rebHke had; the d6sired:: effect and
during the balance Of the afternoon SEES:
sion. the attorneys were extremely polite
TO each other: >
Although the court ruled that the plain
Tiff could mot narrate. conversations had:
with her decreased husband even though
she alleged. he had deceived her and com
mitted fraud, Judge Aitlien so framed his
questions as to show the Judge that his
! client hsd been a. victim of. the worst
kind of imposition. Mrs White was 'un.:
used TO the customs Of court practice and
her answers were frequently delivered be-.
fore the defense could enter IAN objction
This 'necessttated the striking .out3of the
answer. and upoTi: every adverse ruling
an exception.was taken :. ="
Counsel for Mrs. White tried to prove
that Jonathan L.: Whitehead frequently
told his wife that If she wouldsgo to New
York ana stay there until he got. rid .of:
certain women with whom he:was entan-,
/ gled he. would sell out his business and:
come there and live with her The court
would not permit the witness TO tell any:
thing about the matter. -.
When did you go to New York;: aske'
Aitken. s..
WHITE GAVE HER MONEY.
IF went there. about the. 10Th Of June;
1861 answered Mrs: White. 49,.
who supplied you with money to go
Mr.. white. He: gave me $500 and NV:
ticket, He also gave ME a check for
Dig p O. you receive; letters from your hus-..
II did yes. sir::% j.: 49, =" i
81 show yeua letter dated June.a. 1885,:
Is Il IN Mr.: Whites handwriting"
Eyes. sir ::
Attorney Aitken; then. tried to introduce
the: following letter in evidence, but the
court refused. to allow it to be read into
the record: -.
Dear. Jennie: :. I Wish: you. had -9mose iserfse
Don you. know by tbfs :time .thatsIf I:arrgved
IN: New YORK .t6:!noFroig morning The first per-;
mnther Is too cute :.for you and she proposes
I to. win your $40 froni you WIZ dor't ?Tou
drop me line or aTe.y GU sick? Your last let;
/ told .rnothcr the whole SECRET: about us
eoAd not kesp IL ny longer from her. :knoWfng
as / do how much sale. ttiinkS:of you. Business
!: IS fEght<uHy. ddll hSre shd every one is corz.
:plaining, bat we mast cheer up end trust TO
:inck. Write me. a. letter soon am, longing
20 go 70 New: York :, Ann il WON'T be long now
befere 4 am with yet: all With love, Yours.
TOLD MOTHER OF. MARRIAGE:
/ The foregoing letter was .wTitten; 'ac:
cording to the :'pIaiutiff; at the time her
husband was attempting to secure a d.
-vorce from bier without- her .khowiedrae. !
He: continued. 20 Keep up: the deception. !
although he admits; in the Jetter tLat;b hi
had told his: mother about I hesrnarriage. ::
/; Mrs. White testified that on the 4th
Of July. of the same year lie sisited ire. I
sland. at Whites request and ON her re, !
! turn To: New York two n1tenths. LATER She
took up the: name of :TAoueney, also at her !
usband' S earnest request as lie was :at- /
tempting to: ;settle;-up his business affairs !
and did mt want 1T known he was mar
ried. =. e." -.
The witness was shown the, following !
letter: Which. she, said she received from i
sEMFNTg i