Los Angeles herald., 1907-11-20
Absentee's Testimony Needed

ADSSTL66S 3 ISSLnOHy INCCuCO
The testimony of the real estate dealer,
w. F. Holcombe of the Golden State
Realty company seemed to be the miss
ing link in the chain, and had he been
present some puzzling questions might
have been answered.
Attorney f. 3. Woodruff, acting for the
defense, claims that Holcombe has gone
north to Seattle on business, the real
estate market being dull in Los Angeles.
Deputy District Attorney John North
took a different view of the matter how
ever and was strongly inclined to believe
that Holcombe's absence was in some way
connected with the trial under progress.
II don't think Mr.. Holoombe has left
town in good faith" said Mr.. North at
the close of the hearing yesterday
w j. Ellenberg of Drain, Ore, was
called to the witness stand in the morn
ing He said he lived on the land in ques-
ton for sixteen years during the time it
had been owned by his father. Upon his
! fathers death he received forty acres %
| the 240 as his share and was made execu-
tor for the entire property, which he says
he sold for $500
| The 24O acres, which the complaining
witnesses claim were represented to have
a value of $4700 by the defendants, then
passed to one ]. C. Cox, who is said q
have mortgaged 1t to Mrs. Tway for 5000.
| Ine amount Oh the mortgage was lipt
paid and Mrs. Tway received a deed To
the property under the mortgage. Ellen
berg states that to his mind the property
| is covered with rocks has little timber
| on>it, has no running stream on Its sur
| face and is not worth $470O.
Mr. Tway later took the stand and said
he never told the complaining witnesses
| that the property was worth $470O and
never mentioned any value to them. He
~ AoI A5f1 TO n1 q n
mention of the probable value of the land,
and that Clemer replied that he knew the
value Of the land perfectly In that Sec
tion and 1t was probably worth $40 or $50
per acre.
Evidence Incomplete
eff I thought that neither Mr.. or Mrs.
Tway represented the property to have
an untrue value I would dismiss the
charges at once' said Attorney North
''but we should have Holcombe here to
tell us whether or not he was responsible
for misrepresenting the place as to value
| Then Attorney Woodruff related his
conversation with Holcombe before tbs
departure of the latter, in which the rea
estate man is reported to have said he
| told Clemer the land should have some
| thing near the value of $4700.
| The climax Of the day came when At
| torney North called Attorney r. W. KEMP
| to the witness stand. Mr.. Kemp related
| conversation between himself and Mr.
| Holcomb, in which the latter is alleged tc
have said: "Have your clients pay me my
commission and I will then get behind
you and go after the Tways for their
| schemes"
Attorney North Suspicious
| 1t was this statement, opposed to the
representations made by the real estate
man to Attorney Woodruff, which brought
| forth the comment from Attorney North
| to the effect that he believed the lawsuit
furnished part of the motive OF Hol-
combes absence
| 1t was agreed to by Justice Summer
| field that the testimony of Holcombe is
very material to the locating of respou-
| sibiity for the alleged misrepresentation
The examination was hotly contested and
characterized by frequent sharp differ
ences between the court and the attorney
for the defense. At one time Justice
Summerfield told Mr.. Woodruff to conf1ne
himself to things which had occurred sub
seouent to the flood. The attorney re-
torted with repeated objections to the
ruling of the court. Hearing of evidence
will be resumed today, and more sensa"
| tions seem likely to occur.
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