The San Francisco call., 1904-07-23

charged with obtaining money by
fraudulent representations, was given
10 the jury st 4:5O p. m. yesterday. At
1 p. IA. the jurors had not agreed on
verdict and were locked up for the
night.
After a trial lasting over six weeks
the case OF the people OF the State Of
California against Jacob Eppinger,
charged with obtaining money by false
pretenses. was submitted to the Jury
shortly before o'clock last night and
the defendant remanded to the custody
OF the Sheriff. He was not at once
taken 10 the County Jail, like a com
mon felon. but at the urgent request OF
his counsel, backed up by affidavits
from physicians as TO his health, the
Sheriff took the responsibility of per-
nitting the prisoner to go home for
dinner under his escort.
The concluding arguments in the
case and the charge to the jury occu-
pied the entire day. The courtroom
was crowded with onlookers, eager to
take advantage Of the last opportunity
10 see the aged millionaire on trial for
ans lAA-- ~ 4-kEl4AEEA ~ dS dLEUlhDdulGu
IN the courtroom by his wife, his sons,
Joseph and Norris, and his nephew,
Herman Throughout the scathing ar
raignment by District Attorney Bying-
ton he maintained his composure, but
Mrs. Eppinger broke down and wept
copiCusly.
Attorney Ach. Of Eppinger's counsel,
had requested the Indulgence of the
court 10 make q brief closing state
ment. but at the close Of Attorney
DUNES argument he announced that.
while he had much TO say, he pre-
ferred 70 let the matter go TO the jury
without further remark, intimating
that he was wrought up over the clos
ing words Of DUNES speech and their
effect on the defendant, who was in
2 lachrymose condition.
BLASfES ETTLINGER.
Attorney DUNES argument dealt
largely with the doings of the missing
Bernard Ettlinger, on whom he at
tempted 10 throw the blame for any
wrong transactions. He made an i'm
passioned plea for mercy TO the aged
defendant. He led the jurors through
q maze Of figures, seeking to show the
magnitude OF the business Of Eppinger
d Co and the utter improbability Of
Jacob Eppinger seeking TO defraud any
man out of so paltry a sum as $500
During the course Of his argument he
said:
We claim that the transaction OF April "a.
lel5, was Bernard Ettlinger's II il is proved
beyond a easonable doubt that Jacob Ep-
plEger wss the man responsible. then and then
only have you a right, in the juryroom. TO
mention other transactions. The Pacific Coast
y Narehouse Company was Identical with the
nrm OF Eppinger e. Co.. and when the firm
pledged grain with banks II knew that the
grain or its equivalent was in the Crockett
warehouse. By mere accident lots I07 and
fpe found their way aboard the Pierre Lott
and were shipped OF 10 South Africa. but
wheat of equal quantity and quality remained
In the warehouse
i viii leave with you this old man. In
his present condition 0f health there is little
left FOR him % DO in the course Of nature
but die. Won't you let him die in his own
bed. with his wife who has been his faithful
companion for forty years, beside him. Her
Irish blood Is stesdfast and she viii stay
with him 10 the last VIII you, the word
o. Beck and Esstwick, send him 70 hts death
tn q felOns cell for that is what conviction
would mean-Or VIII you return him 10 his
wife and family as you expect tomorrow 70
return 10 your loved ones from whom you
have 50 long been separated?
JACOB SIGNED CHECKS