The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-06-27
PAID 1T BACK, SAYS W0OTEN.
LAWYERS DEFENSE rs THAT
ROTHSCHTLD rs 4 LIAR.
Explanation OF Apparent Contradictions
With what He Told the Grand Jury
---StenoErapher May Trtmble II
Sent Home in . Detectives Charge.

With what He Told the Grand Jur,
---StenoErapher May Trtnble II
Sent Homo in . Detectives Charge.
Only few more witnesses have to be
examined and the trial of Lawyer John W.
Wooten for the larceny Of $1,000 will be
closed to-day The examination OF Wooten,
who was on the stand until II O'clock last
night, will be finished this morning.
May s. Trimble, who was stenographer
In the Federal Bank, got into trouble over
her testimony. She was witness for the
defense. She denied that she had type
written a statement, signed by Wooten.
IN which there was an agreement that
Mathews was to get $40 II the Bankers
Surety Company continued on Rothschid's
/bond for his administration OF the Weisell
estate.
A statement made in the Office Of Assistant
District Attorney Kressl was then shown
to her, in which she purports to say that she
thought Wooten had dictated the $3.50
statement to her. She admitted that she
had signed the statement but declared that
Kresel had forced her to after she had told
him that it wasn't true.
After she left the witness stand yester-
day Mr.. Jerome questioned her. She Is
but 20 years old, and Mr. Jerome told her
? that she should seek the advice Of her
relatives and tell them the truth. Then
Otto Rosalsky was sent for to act as her
/; counsel Mr.. Jerome thought she should
& have advice other than from Messrs.
Battle and Baldwin, Wooten's counsel,
y slthough Mr.. Jerome held them blame
.less. She was finally sent home In charge
I of Detective Reardon Of Mr.. Jeromes
stan. He was instructed not to let any one
talk to her except her relatives.
Armtage Mathews. who is indicted with
tWooten In another case growing out OF
;;Rothschilds administration OF the Weisell
estate, was called yesterday as a witness
Flor the prosecution. He testified that. being
/ counsel for the Bankers Surety Company,
4 he was present on july 2. 1908, when hoths-
child signed the Surety oompany's 100000
bond for his proper administration Of the
estate, and he saw Rothschid pay the first
9ay when % RotSsohld gave ave Wooten the
at the Astor House as result OF a telephone
call from Wooten Wooten gave him
the check to get 1t cashed, and Mathews
pany. He got ten 500 bills. This money,
ne said, he Curve to Rothschild that day
in the presence OF Wooten in HOLES res
tauranf.
Questioned by Mr.. Rand, Mr.. Mathews
said he thought the check had been made
to his order, but, as the books Of the Federal
Ba nix show that II was payable to the order
of Wooten, the books must be right. He
had not suggested to Wooten that second
premium should be padd e. TO- the ne surety surety
child had suggested it because Roths-
child was afraid the Surety company,
which wanted Joint control Of the Weisell
estate with Rothschild. would get on the
bond. .,o ,,or ,h,. w.. d,.w, or
Rothsohid's check was paid to Rothschild
was not brought out. Mathews protested
es a lawyer against answering certain ques-
tions he answered before the Grand Jury,
testified before the Grand Jury that he had
seen Rothschild only once after the bond
was signed and that that was at the Federal
Bank when the securities of the Weisell
estate were checked up.
In court Mathews denied that he had
ever been party to or seen the agreement
dated Dec IL. 1909. in which it is alleged
Mathews agreed with Wooten for $3.50 to
consent to Rothschild's bond being con-
tinued pending the litigation over the
Wesell estate.
James L. Keyes, the Grand Jury stem
ographer, testified that before the Grand
Jury Wooten said that 5, 900 had been
paid to the surety company. but couldn't
IelHtlIlDtT WHclHtT IL Ndo lIIcuBH VI
directly to the company. He swore that
he was pretty positive that second years
premium was paid. The officers Of the
surety company have testified that they
never got the second years premium.
Wootcn also told the Grand Jury that he
had no hank account and was in the habit
Of getting checks cashed by Mathews.
In his opening for the defense Mr.. Bald
win said that he would prove that Wooten
gave the check to Mathews to cash. and
Rnth Il h., han Al,
to the $50 agreement Mr. Baldwin said he
would prove That sheet of paper had been
given to Wooten to endorse, that Wooten
signed his name and -ok'd" it and that be
knew nothing about what written on
il afterward.
Robert !" Smith. paying teller of the
Colonial Trust Company, testified that Il
Federal Bank check for 81 900 was cashed on
Oct p, and that on Dec II the date of the
$3.50 agreement, Federal Bank check for
$50 was cashed at the Trust Company.
Mr.. Smiths assistant had made the entry
of the transaction. The assistant was sent
for. This was to show that the agreement
was genuine and that Mathews got the
$50.
Henry a. Capel. one OF Abe Grubers
district captains, told of going to Hotz's
restaurant with Mathews. lie didn't see
Mathews hand over me money to Roths-
Mathews spoke to Rothschild c. b.
Outcalt cashier Of the Federal Bank, was
In the restaurant at the time with Wooten
He said he saw Mathews hand money to
Wooten.
Wooten was the first witness a, the even
ing session. He told of taking the 81 900
check to the Aston House and giving it to
Mathews, who said "Why, that check is
made out to me. Wooten said that was
tho first time he had noticed to whom the
check was payable.
Il was in Hot2's restaurant when Math
came in" said Wooten He said: Judge,
don't think it is right for me to take that
money. The company might not think
1t was binding, In addition to that wrote
to the company a few days ago advising
that the bond be cancelled Then he gave
the money to kothsohild-ten one hundred
dollar bills
In regard to his testimony before the
Grand Jury that the second premium had
been paid, Wooten gave this expanat ion:
"Rothschild told NE thar he had paid
the premium. and that was what | meant.
not that ! had paid it in a check to Mr..
Mathews"
Mr.. Rand produced an agreement be-
tween Wooten and Samuel !. Ferguson.
the attorney for the heirs who contested
the Weisell will. In effect this agreement
was that Rothschild was to give his fees
as temporary administrator to Ferguson
and that Wooten and Ferguson were to