Los Angeles herald., 1908-06-04
EVANS MEMORY BAD; LETTERS
RISE UP AND CONFRONT HIM
ATTORNEYS FOR DR.. OWENS CHARGED WITH ExToRToN,
SCORE IMPORTANT POINT
Portland Capitalist Answered Former Associates Ac
cusing Missives Moment Later Admits He Did Reply
to Them-Another Sensation May Come Today

torneys for DR.. j. S. owens, on trla
for alleged extortion, yesterday scored
a point on the prosecution and APP
parently nearly overwhelmed j. Whyt'
Evans of Portland.
A letter from Owens TO Evans, the
missive on which the charge of eX'
tortion in part is based, was read t(
the jury. Evans then was asked Il
he had replied by letter or telegram tt
this letter He said he had not. At.
torneyS for the defense then produced
letters bearing Evans signature, anc
which, after perusing, he was forced
to admit having written.
Continued Wrangling between the
attorneys as to the admission OF the
letters as evidence was carried on, bu'
the court ruled they should be ad-
mitted.
The trial of Owens was resumed al
the afternoon session of the court yes
terday. The jurors and witnesses re-
ported in court at 10 o'clock yesterday
morning, but they were dismissed by
Judge Monroe, as both sides agreed to
waive the morning session and take uI
the law points involved.
The prosecution, conducted by Paul
Mccormick and Attorney William An
derson, insisted that the presentation
of other criminal evidence aside from
against Owens is based is legal.
The defense, which is in the hands
of former Judge Rush, argued to keep
the prosecution down to the single let
ter written in the fall of 1906. In this
letter the doctor refers to Owens char
acter and to his imprisonment at San
Quentin.
Judge Monroe decided to allow the
prosecution to admit any other evil
dence which will tend to bring out the
facts of the case.
On resuming the stand Evans was
questioned by Mr.. Anderson:
Mr.. Evans, where is the envelope in
which these letters were inclosed?"
Il cannot tell you,' replied Mr..
Evans.
Describe the envelope as near as you
can. 1 mean when you received it,"
Cross-Examined
Evans told of the post marks which
were on the envelope and how it was
addressed. He was then turned over
to the defense for cross examination.
Have you been employed in the
United States postal service?" asked
Judge Rush.
Il have not"
Are you familiar with the stamps
used in the department?
mo. SIR
Have you ever in any way investi-
gated the uses to which any or all or
those stamps are put?"
II have not"
Mr.. McCormic-: then took the wit
ness. He handed him a letter and
asked him if DIR. Owens had sent the
letter to him. The reply was in the
affirmative.
Mr.. Mccormick then offered the let
ter in evidence. The admittance of the
letter was met with strenuous objec-
tions from the defense.
All of the objections We're oVerruied
by Judge Monroe.
Letter Read to Jury
Mr.. Mccormick then read the letter
to the jury.
The letter was dated at Los Angeles,
February 26, 1906. 1t read:
"Mr. j. Whyte Evans, Portland, Ore
gon.-Dear Sir: In submitting the with
in account against you and Minna
Hance Evans, which represents only a
part of your indebtedness to me, but
which will cancel my financial claims
against you if you paid or secured at
once | cannot refrain from commenting
only in limited way upon your past,
and sincerely hope the refreshing of
your memory on few of your mis-
deeds may prove an impetus to make
better man of you in the future. mat
there may be no possible excuse for de-
Law (Which [ shall not tolerate under
any circumstances l shall comment
hereafter on the following items when
are offered only on the basis of an I'M
mediate settlement satisfactory to me.
OTHERWISE the full amount due me Will
be exacted. The items of account are
as follows:
Itemze Account
u. Whyte and Minnie Hance Evans
to ]. S. owens: To cash loaned, $2OO0;
$500: cash, $3.50; Powell commission
s163'96: kite check State bank, Chi
cago, $50; Highland Bottling company
S305: Cunningham, for charter, $lOO;
Cunningham, 500.
1.-The above items total to $596S.96
Added to this is $1074.24 for interest
totaling $7043.20; minus cash credits OF
$3.50, leaving S619320.
Before taking up these items let us
revert to the history in the days when
you were employed at the Chino ranch.
When George Arnold had a tempting
bank account in a Pomona bank and
Gertie Dewitt had also a flush one in
Los Angeles. You probably have not
forgotten that you told me how you
obtained that money, which was so far
in excess of your salary that it en-
many other things which your modest
income did not warrant.
Says He Was Oefrauded
This, as well as other matters which
/ am about TO refresh your memory
on, has much to do with this account.
The money thus obtained formed in
part the nucleus of the Pan-American
deal. In that, if you will allow me to
use the miners expression, l grub
staked you. l not only gave you your
bed and board, but when hope and all
resources were gone / furnished you
with money to proceed to Mexico.
where you obtained the purchase price
of my wife.
Thus far you have defrauded me out
of what was due me on that deal, and
/ am now trying to think of something
you might have done which sayored
of honesty. Was it when you piloted
the fugitive from justice through Mex
leo and eXacted the pound of flesh 4?
And the other money which he in
trusted to you for another purpose
did you really misappropriate it, or at
least a goOdly portion? The reason
why all this has a bearing on the
within claim will now be apparent.
The money obtained from the Pam
American through my efforts was used
as basis to carry out and perfect a
conspiracy TO dispose of me. In form
ing this compact the moral aspect was
wholly disregarded and dishonesty of
purpose the predominating feature. If
you are proud of the end you achieved.
so must you be Justly so of the time
you served Lack of time prevents me
going more fully into other detils. So
will take up the items of the claim
herewith submitted.
"First. The $4,000 is a part of the