The San Francisco call., 1904-06-25
JUDGES RULING
HITS EPPINGER
LaWlor Renders a Decision
Admitting Evidence of
Other Illegal Actions
DEMING'S BOOK MISSING
Grain Man Collapses in the
Courtroom and a Halt in
Proceedings Is Enforced

Jacob Eppinger, the aged ex-grain
king who is charged with obtaining
money by false pretenses, almost faint
cd away in court yesterday afternoon
during the hearing of the case. He had
shown signs of increased weakness at
the morning session, and as his condi-
ton grew worse DR.. Whitney was sum
moned The defendants attorneys
asked for a recess that he might lie
down and recuperate, but the court de-
MED this, ruling, however, that he
might leave the room for a few mo-
ments while the jurors were examining
papers offered in evidence.
Judge Lawlor said further that IL 1t
appeared the condition of Mr.. Eppinger
was so serious as to warrant an ad-
journment he would have a physician
summoned. After spending few min
utes in the jury-room Eppinger, sup
ported by DR.. Whitney and his son Joe
walked back into the courtroom and
was seated by an open window. He ap-
parently heard or saw nothing that
went on in the courtroom after his par
tial collapse. 1t is said he is suffering
from heart failure and the ordeal of the
trial is wearing him out.
ADVERSE DECISION.
The features Of the trial yesterday
were the ruling Of Judge Lawlor as to
the admission of secondary evidence
and the testimony of James Demirig,
formerly superintendent of the ware
house at Port Costa. The decision ad-
mitting the introduction of secondary
evidence is deemed a blow to the de-
fense.
The attorneys on both sides spent two
days quoting authorities and arguing
the questions involved and Judge Law
lor yesterday morning rendered the fol-
lowing opinion:
Upon this objection the court is os the view
that in all cases where actual fraud and a
specific intent are involved land the crime of
obtaining money by false pretenses is in
cluded in that category evidence of other
transactions. both prior and subsequent in
point Of time to the crime charged, which
tends to involve the defendant is admissible
for the purpose Of showing motive. purpose. in
terest. intent guilty knowledge, even where
such transactions are not directly involved in
the res gestae of the charge trial, and al
though such transactions may represent dis
tinct crimes when, matter OF law, under
the charge and the theories Of the party offer
ing such proof. II might be lawfully found by
the judges of the facts. from such evidence.
that such transactions were related TO each
other and to such charge and that the evil
dence Of such transactions would tend TO aid
in the determination OF the element of specific
intent involved in the charge on trial.
Colonel F. f. Beck. manager of the
International Banking Corporation, was
the first witness called yesterday. He
identified a number Of warehouse re-
ceipts. He had never received any
grain from Eppinger & Co. and had
never disposed of any warehouse re-
ceipts from them. On ross-examina-
tion by Ach he said that when he ap-
peared at the office of the Pacific Coast
Warehouse Company Josua Eppinger
claimed to be the local representative
of the company. The witness had made
no demands for the wheat called for in
the receipts until he received notice
from Henry Ach of the failure of the
firm.
Reginald Norris, note teller for the
bank, identified a draft for $4,000 pre-
sented him by a representative of Ep-
pinger & Co, whose name he did not