Los Angeles herald., 1908-06-04

| 1t. OF the $500 L nave note Tor $oOO
The $500 also represents a note. The
| $3.50 represents the money which you
represented as due you for support of
Minnie while we were in st. Louis. But,
as in other things, l found you were
dishonest and told a deliberate false
hood Her itemized statement will bear
me out in this. Powell commission,
! $16396, which was to have been divided
! equally between you, Helwig and me.
| Helwig got his and you kept mine. $50
| kite check on State bank of Chicago
which gave you so much concern
for a few hours"
The check referred to has not been
put in evidence by the defense yet. 1t
is said Evans gave check While IN
Chicago for the amount named, and did
not have any funds in the bank at the
time. 1t is said Evans left Chicago for
st. Louis. as the defense will attempt
to prove, if the check is allowed in the
case as evidence, on the day he gave
the check.
Has Telegram
The defense claims to have in its
possession telegram said to have been
sent by Evans from st. Louis to DR..
Owens in Chicago, begging him to de-
posit $50 in the bank in time to cover
the check. The defense will attempt to
prove that the account was in the name
of Mrs. Evans, it is said. Attorney
Rush says he has in his possession the
deposit slip showing the doctor depos-
tied the amount. and in the name of
Mrs. Evans.
The letter went on telling of the other
minor accounts which the doct or says
are due him. I'm conclusion the letter
continues, "let me warn you that be-
81,
italist's pedestal you must pay me.
am fully determined you shall not take
any more European or American
jaunts, buy eXtravagant jewels and
give entertainments for your own per-
sonal aggrandiZement on my money.
The message sent last Tuesday statins
that you were sick with pneumonia and
signed Mrs z. I. am reliably advised
was a falsehood.
"Since the amount due me is so
greatly in excess of this demand there
is nothing to discuss in reference to
my claim except the terms of settle
ment, which must be cash or secured
satisfactorily to me. / must nave a
wire by D. IN. Thursday acknowledge
ing this claim and agreeing to pay it.
l have no desire to hamper you In any
honorable undertaking. Neither do
intend that you shall deceive me again
and go through with your little for
tunes which are made possible with
my money A letter must follow and
reach me by Saturday stating the best
cash payment and the security on de-
ferred payments, if any. Both the let
ter and wire must be plain and
straightforward, without mental res
ervation or any suspicion of secret
evasion. If the wire is not plain and
specific and does not reach me as in
dicated I shall take it as an indication
of hostility and take immediate steps
to insure the recovery of my just cues.
am in close touch with what is being
done in Portland, and should l lack
any further enlightenment l can prob
ably procure it through one of your
city officials who is visiting Eere."
The letter is signed u. 8. Owens"
Attorney Rush then questioned the
witness.
Denies Answering Letter
"Mr. Evans. did you ever write to
DR.. Owens after you received the let
ter which was just read to the jury,
dated February 26. 1862"
mo, sir; 1 did not replied Mr..
Evans.
Did you ever telegraph"
mo, sir
Did YOU write or send a telegram Oh
the same day you received the letter
NO sir"
you are sure of that, are you?"
Yes, SIR
Attorney Rush picked a letter from
mis- file, handed it to Evans and asked,
Did you send that letter to DR..
Owens?"
Mr.. Evans looked at the letter a mo-
ment and then replied. II did"
Under the date in the headline?"
Eyes, SIR
Offers Letter in Evidence
81 offer this letter in evidence" said
Mr.. Rush. 1T is dated February 2S,
two days after the time the witness
says he did not send any letters to
DR.. Owens
'Mr. Evans. did you send any more
letters to DIR. Owens beside the one
you have just acknowledged? asked
the attorney.
II did not"
Mr.. Rush picked another letter from
his file, handed it to the witness and
asked: rs that your letter and dio you
send it to the doctor on the date in the
head?"
Mr. Evans grew very red as he
glanced over the letter and replied
feebly, Yes, sir
At the request of Mr.. Anderson Mr..
Rush handed the letter to the prosecu-
ton to be examined by them.
I'VE do not object to the date. but we
object to the body of the letter as be-
ing incompetent and irrelevant" said
Attorney Anderson.
Let me see the letter" said the
court.
After reading the letter the court
overruled the objection and allowed the
letter to be read to the jury. The let
ter was dated May 2S, 1906. 1t read:
MY Dear Doc-Will you please sound
the trust companies and any of the
banks in Los Angeles as to the possi-
bility of negotiating securities in the
shape of bonds of electric railroads in
Portland. Don't say whose bonds until
you find out.
IT have been to British Columbia and
many other places and bankers, but
have so far failed. Do this for me,
Doc and let me know.
IF 1 can do business in Los Angeles
let me know. This S. f. affair has
knocked me out for the present. Yours
sincerely, JIM.
"P. S.-Simply state to your inquirers
that you know of some bonds of cleo
trio railway in Portland for sale, etc"
After this telegram was produced
by the defense dated March 21. 1906
A letter was produced dated March
%, 1906, which the witness acknowl-
edged writing and sending.
One of the paragraphs In this letter
was: Il will pay you when | can. How
did you jump from $1,000 to $1,000? viii
you tell me that? Don't send any more
wire collect l cannot afford it,"
After introducing the letters and tel
egrams regardless of the strenuous OBJ
lection made by the prosecution, Mr.
Rush turned to the witness and quer-
led: $50 YOU did write after Won re-