The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1911-11-23
DENTIST DRAGGED
INTO KELLOGG CASE
1 IN AFFINITY ROLE
Witness Repeats Charge in Aft
davit Involving Plaintiff and
Or. w. N. Moffett.
HENRY BERNSTEIN WAS
PAID TO GET EVIDENCE
Mrs. Kcllogg's Attorney Makes
Demand For Production
of Affidavit.

Sensational testimony was given,
"Wednesday morning, by Henry Bern
stein. "a years old, former chaui-
feur. for Frank Jonas Keliogg, the
millionaire. medicine manufactures
whose wife is suing him for divorce
I'm Judge Donovsns court Bern
stein. although a witness for the ce-
< Tense. was called by Allan H. Frhz-
er. counsel for the piaiutf1, Mrs.
Vivian A. kellogg Harrison GcCr
chief counsel for Kellogg objected
TO Bernstein being called by the
plaintin, but was overuIled by the
court after the latter listened 70 an
argument by MIR Fra2ef who cltcd
an act justifying his course.
Bernstein admitted tc Mr. Fraz-
er that he had made m affidavit FOR
Dwight G. Rexford, also an attorney
for Kellogg. duplicating the wife Of
the defendant and Or Wm. n, Moi
fett. dentist. OF Detroit, in improper
conduct Bernstein insisted that tie
affidavit, is true.
The witness said he had been en-
ployed by ReNford 10 procure testi-
mohy against Mrs kellogg for her
husband, He said be was present AZ
the time of the alleged misconduct
ON the part of Mrs. Kellogg and Or.
Monett. which he said, mad taken
place ia Gratiot township on or
about Sept. q, 1910.
Mr. Frazer asked Bernstein where
the affidavit was at the present time.
The question brought Harrison Geer
TO his feet with an objection TO the
effect that,it was none OF the plain
tiff's business where the document
was.
''All right, step aside, said Mr..
Frazer TO Bernstein waving him
from the witness stand.
Mr. Rexford take the stand"
commanded Mr. Frazer
Mr.. Geer interposed further OBJ
3 lection, contending that an attorney
was not obliged TO reveal informa-
ton received from client. Mr.. Rex
ford, however, admitted that Bern
stein was not a client OF his at the
"A time the affidavit was received.
Nevertheless, Mr.. Geer still protest
ed against the production of the ar
fidayit, with the result tiiat Judge
Donovan decided to withhold iudg-
ment on the point until later in the
h day. T ~ SIS
Mr. Rexford volunteered the In
Formation that he now had the af-
hdayit In his possession, and that II
y contained statement rejecting on
the character OF Mrs. Kellogg lie
said he couldn't remember the exact
wording of the charge The AFFIDAVIT
he explained, had not been received
Tor the purpose of placing IL in the
records of the divorce suit, IL was
merely for. use in preparing de.
Tense. Money was paid Bernstein for
the affidavit, the payment coming
from Kellogg through Rexford, the
latter said
Employed BY Rexford
Bernstein, in relating his connection
with the case in the interests of Kel-
logg, sale that he had been employed
by Rexford. He said he worked for
Kellogg as chauffeur for about
month in the fall of 1910, about Sep.
tcmber. A recommendation which
Mrs. Kellogg gave him would show
the exact time he left, the witness
said Afterward he said he worked
for Max Frank as chauffeur, quitting !
this position after being in an acct |
dent with his machine, last winter. |
he denied, as minated by Mr.. Fraz- |
or, that he was discharged by Frank !
Later, Bernstein was engaged by |
Rexford, and travelled about the coun- |
try, seeking evidence against Mrs |
Kellogg. he said his wife was now |
nving In New Orleans having gone !
there few months ago. He made a |
al -
Mr.. Frazer that he had registered in |
the Hotel Staettler, Buffalo. with a |
woman, not his wife, while there to |
see Van Nest, also a former chauf- |
feur for the Kelloggs, during the past
summer. Rexford had given him IS |
for Van Nest His own expenses were I
paid by Rexford on the Buffalo trim. /
as were those In connection with all /
other work which he afterwards did
for Kellogg's attorney, Bernstein al.
ded. He said he visited Cleveland, |
Mt. Clemens; Windsor and the vicinity
OF Detroit
Attorney Frazer introduced a let.
ter, which Bernstein recognized as
Y one he had written 10 Mrs. Kellogg.
Aug o, 1911, when she was with her
f parents, Mr.. and Mrs Vim Oliver
IN Paw Paw, Mich. In II he asked her
10 loan him $50. saying he was hard
up and needed the money.
Mrs. Nellie Fraker, wife Of Frank
traker, and sister OF Mrs. Vivian A.
kellogg, the plaintiff. was also a Wit.
z Eess- She said she was 80 years old
and was married twice Her first hus.
band was William Dingman. whom
+ she married in Detroit. In 1888. After
being divorced she married Frakcr
in Chicago, in 1897. She said her par.
ents came TO Detroit from the neigh
\ borhood OF Chatham. Ont, when She
was a girl. She didn't know the ex
act age OF Vivian, but thought She
was about rs not 90 as minated by'
Mr.. Geer in cross-examination. She.
related having visited her sister. Mrs
kellogg, in her Detroit home in Jan.
nary, 1911 when the KellogEs were
having trouble
Complained Of ADJUST.
Mrs. Kellogg was then physical
wreck and she explained. the witness
said, that her husband had abused
her. having thrown her against an ice
box, discolcring and bruising her arm.
she remained with her sister until