Los Angeles herald., 1906-01-19

failed and he came to Los Angeles and
built his home i'm Monrova, where he
has since lived with his wife.
But trouble was I'm store for them
both. According TO the statements Of
the wife, her husband spent most Of
his time reading and drinking, and
was constantly troubled with horrify-
ing spells of delirium trcmcns and cpl
leptic fits from which he emerged a
mere shadow OF a man, his mind weak
ened and his nerves shattered.
one trouble led to another and in
December 1904, according to the al
legations of the complaint, cutter was
taken down with q violent ht of tire.
mems. When he recovered he is al
legged to have called his wife to him,
told her that he might topple over dead
any day and that because of his fear
of sudden death and his love for her
he wanted to make a gift deed of all
his property, consisting Of $4,000 Cali
fornia property and $4,000 of property
in Washington.
Several days later they went to the
Granite Bank and Trust company of
Monrovia where the deed was made as
a gift deed to the wife and placed in
the deposit box.
Their Statements Disagree
The husband alleges the deed was
not to be recorded by his wife until
after his death and that there was a
positive understanding as to that stip-
ulation, while the wife alleges on the
other hand that her husband was not
a business man and that he constantly
urged and even upraided her for not
recording the deed.
At any rate the deed was recorded
by the wife on the first day of April
last year, and the property came into
her possession.
Then Cutter brought suit. alleging
the deed had been taken from the
bank and recorded without his consent
and it was this question which formed
the basis of the suit yesterday.
Although the entire day and the
night session was taken up with hear
ing Of evidence, the testimony giver
by the husband and the wife was the
chief to be recorded during the day.
Tells of BIackmail
Cutter was put on the stand during
the morning and his evidence in an
swer to many questions was as follows
"I decided my property to my wife
when l thought l was about to die
and i wanted her well provided fol
without the difficulties of probate liti-
cation, but it was purely trust deed
and not to be recorded until after my
death.
"Yes. we had some marital troubles
quarrels. but domestic infelicities is g
little bit too dignified to represent oul
disputes.
"Yes, | had some affair with a wom-
an about two years ago, and there was
some effort on her part at blackmail-
ing, but it was for only a minor sun
and no fear of it caused me to deed
the property in gift to my wife.
never knew that the deed had beer
recorded from the day l put it in the
safe deposit box until l was shown the
records several months later"
Wife on Stand
Mrs. Cutter occupied the stand mos
of the afternoon.
my husband and l talked of hi'
deciding the property to me almost iron
the time he got it," she said.
During December, 1904, my husband
talked of this deed to me almost ever!
time we were alone. He would sa!
he was afraid he would run through
the money because he had alread,
gone through a whole lot that HI
shouldn't have gone through.
"He told me he had a great fear o.
becoming an invalid and he wanted tC
avoid all kinds of trouble in case III
should become one. He had already
given me half the Monrovia property
and | had complete charge of thu
household affairs.
He often told me that women were
attempting to blackmal him because
he had been courteous to them, but
thought it was only his kind of tall
until some time last year he went ou
on an automobile tour with SOM
woman and spent some time at th
Nadeau hotel, registered there as MAJ
and wife. That was when he insisted
that record the deed, although wait
ed several days and then 1 had it re
corded.
my husband was not a business
man and couldn't bear to hear any
thing about business. He spent mos
of his time reading books and drinking
and had terrible spells of delirium tre
mems which We're followed by epilepti
fits, and these were in a great measure
responsible for his i'll health"
Many other witnesses were heard
and after a night session the case wa
continued until Tuesday morning. whei
it will be argued by Attorney Waite
Haas for Cutter and Attorney Franl
James for Mrs. Cutter.