The Detroit times., 1911-11-22
PAID TO BLACKEN MRS.
KELLOGG'S NAME, He SAYS
Affidavit of Former Chauffeur
Involves Defendant and At
torney Rexford In Plot.

Dwight c. Rexford, one OF the at
torneys for Frank Jonas Kellogg, who
rs seeking a divorce from his third
wife, Vivian A. Kellogg. was called
to the stand when Judge Donovan
opened the Wednesday morning ses-
sio nof the case Allan II. Frazer,
! counsel for Mrs. Kellogg said he had
subpened Mr. Rexford for the pur-
pose of having the register OF the
Hodges house. Pontiac, produced in
court. Mr.. Rexford handed over the
book, whereupon Mr.. Frazer drew
| the courts attention to the registra-
tion OF Del Garrian and wife, New
York on July II. and asked to have
the register admitted as evidence.
The court allowed the request.
Mr.. Rexford testified that he got
the register from Mr.. Thomas, the
proprietor OF the Hodges house. He
said that Van Nest, who has made an
affidavit repudiating previous state
ment that Mrs Kellog was guilty of
improper conduct with him and was
In the Hodges house with him on
July II, when he said he registered
as del Garrian and wife, New
York" was with the witness when
ne got the book. After getting the
register, Mr.. Rexford said he took 1t
to his Office and had kept it there
ever since
Frank FRAZIER, brother-in-law OF
Mrs Kellogg, was the next witness.
He said he had made efforts to bring
about reconciliations between the
Kellogs at different times.
The court room was again crowded
with men and women during the
morning. The court attaches planned
TO keep the room clear of the curious
ones. but Judge Donovan ordered the
court room unlocked and the crowd
admitted.
The defense was given a hard jolt,
Tuesday afternoon, when Allan II.
Frazer, counsel for Mrs. Kellogg, in
troduced a deposition from George G.
Van Nest, former chauffeur for the
Kelloggs, repudiating his first affida-
Wit, In which he said Mrs. Kellogg had
been guilty of improper condnct With
him Van Nest Is now in jail in Roch-
ester, N. Y, on q charge OF theft, and
the deposition was taken there.
In his original affidavit, Van Nest
swore, among other things, that he
and Mrs. Kellogg registered in the
Hodges house, Pontiac, July II, as
del Garrian and wife, New York.
He now says that this statement, like
the others, was untrue, and that ne
made all the accusations against Mrs.
kellogg at the request OF Kellogg, and
one of the latter's attorneys, Dwight
c. Rexford These two men, he says,
paid him money at various times for
the purpose Of getting him to perJure
himself He got about 5000 in all, ne
says. He also declares that the reg
lister of the Hodges house was brought
TO the office of Mr. Rexford. Detroit
SO that he could practice writing the
registration, del Garrian and wife,
New York" and become familiar with
the handwriting and afterwards swear
that he wrote the entry in the book.
All the dates on which he said ne
had been out with Mrs. kellogg were
taken from Kellogg's notebook, van
Nest AYERS.
Attorney Rexford expressed indig-
nation at the flashing of the deposi-
ton. He said Van Nest had made 1t
because he and Kellogg refused to be
held up" by Van Nest after he was
placed in jail. Mr.. Rexford said ne
was convinced that Van Nest told the
truth in his first affidavit.
In addition to the deposition, the
plaintiffs counsel further embarrassed
the defense by introducing the files
of the. Battle Creek court, In which
two other women, Minnie II. Kellogg
and Martha f. Kellogg had brought
suit for divorce against Kellogg. At
torney Harrison Geen for Kellogg,
protested vehemently against the in
PRODUCTION Of the files, but Judge Don
ovan decided TO admit them. Mr..
Frazer said that he would show by the
files that the two other women made
charges against Kellogg similar TO
those that the present wife is max |
ing. and that it is impossible for a
woman 10 live with him.
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