The San Francisco call., 1904-12-30

OAKLAND, Dec. 2e.-"Doctor'' Will
liam S. Proctor and his stepson, Roy
w Asberry, who are accused by Mrs
Emiline Tyson of stealing from her two
valuable diamond rings and sos in
cash, were held to answer in the Supe-
rior Court to-day on charges of grand
larceny.
Judge Sandholdt Of Centerville set the
bail in each case at $1,000, and in de-
fault of this sum the prisoners were
brought to the County Jail 10 await
trial
Evidence introduced at the prelimin-
airy examination to-day showed that
the defendants conspired to defraud
Mrs. Tyson after meeting her at the
Niles depot 1t was shown that Proc
tor and Asberry made inquiries as to
Mrs Tysons place of residence and
made notes regarding her family, age
and circumstances.
Mrs. Tyson was the first witness
called to-day, being cross examined by
Attorney Tom Bradley. The defense
failed to shake the testimony of the
aged plaintiff in any important particu-
lar, Mrs. Tyson stating each fact clear
ly and without hesitation. The only ad-
mission made by the plaintiff was that
at the time Proctor took the rings she
did not tell her sons, because she feared
to let them know that she had trusted
a comparative stranger with her jewels.
Only once did Mrs. Tyson become ex-
cited, and this was when Bradley
asked: rs it not a fact, Mrs. Tyson,
that when Proctor called at your house
on Sunday morning you knew he was
a married man?"
Turning upon the attorney Mrs. Ty-
son said: mo such thing ever entered
my head until 1 read it in the news
papers. Had 1 ever dreamed of such a
thing this man should never have
spoken to me as he did,
Asked if she had considered herself
engaged to Proctor, she replied:
"I did"
On redirect examination Mrs. Tyson
said that Proctor called at her house
five times, accompanied each time by
Asberry. Witness said further that the
doctor" had always represented that
Asberry was his son, and had intro
duced him to Mrs. Tyson as Mr..
Proctor.
William H. Tyson, a son Of the plain
tiff, was called and testified that he was
present at the arrest of Proctor, but
! knew little of the circumstances lead
ing up to the trouble.
The next witness called was David
Tyson, who told the following story:
| l first saw Proctor and Asberry at my
mothers house on Sunday morning, December
IS. When l reached the house my mother anc
Proctor were in the bedroom, leaning over the
bed, and 1 reached the door / heard somt
Jewelry rattle. A moment later Proctor came
| out and. after speaking a few words to ms
left the house
l next both the defendants at my moth.
| er's house about o'clock Sunday after.
noon saw them go to the house and wen
over and asked Proctor what the meaning
of so many visits to my mother 1 told hin
| 1 did not like his actions and said that I be
! lieved ne was crooked. He answered, why
love your mother" answered, 1T Is yer,
| strange that q man of your age should fai
in love with old woman like her, and h,
| said: did you never fall in love at frs
| sightT' After some further talk / told then
that they had better leave. which they did
Miss Mary Nichols, a domestic en-
ployed at Mrs. Tyson's home, testified
that she first met the defendents at the
Niles depot about o'clock on Friday
morning, December 16. She said thai
Proctor and Mrs. Tyson had some con
versation, and that after Mrs TysoI
had taken the train for Oakland, Proc.
tor asked her a number of questions as
to where Mrs. Tyson lived and who sht
i was.
On cross-examination Miss Nichol;
said that Proctor asked her not
to mention anything that passed
between them and that she promised
she would not