The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1911-11-24
RElRI 8ERHsIElN, KELLOGG
WITNESS is ORDERED INTO
1.-THE CUSTODY OF SHERIFF
Court Tells Mar He Doesn't Be
lieye Testimony; Prosecutor
Is Investigating.
FINALLf GETS LIBERTY.
Former Chauffeur Let Go on
Geer's Promise To Produce
Him When Wanted.

Judge Donovan created a sensation
In the Thursday morning session OF
the case OF Mrs. Vivian A. Kellogg
against her husband, Frank Jonas
KeIlogg, wealthy medicine manutac.
turer, for divorce, by telling Henry
Bernstein, witness for the defense,
although called by the plaintiff, that
he didn't believe his testimony, and
ordering him into the custody or
Shsriff CASTOR pending an invesuga.
ton by Prosecutor Shepherd. The
storm broke just as Harrison Geer,
chief counsel for Kellogg. had COM
Y pleted an examination of the witness.
II want TO ask you few ques-
tons, Witness" said the Judge to
Bernstein.
What kind of a night was it when
you say you saw improprieties be-
tween Mrs. Kellogg and DR., Motfett in
Gratiot township?" the court queried.
Bernstein said the night was dark.
He described the conditions of the
= neighborhood at the request of the
court. ~
Now witness, do you mean to tell
me that you have been telling the
truth throughout this casee" the
+ Iuuko balu sudTply.
Yes, 1 have" Bernstein replied
rather excitediy.
We'll, / don't believe you" the
court retorted, and ] am going to
place you In the custody OF the sheriff
until the prosecutor has chance to
look into your testimony"
Bernstein was then seated beside a
deputy sheriff. He was still there
when the time for the noon adjourn
ment arrived. In his behalf. Mr. Geer
asked that he be allowed his freedom
while the case is being investigated
by the prosecuting attorney Mr..
Ceer vouched for the appearance OF
Bernstein in court any time he might
be wanted by Judge Donovan. SO the
latter acquiesced in the request OF the
attorney.
Prosecutor Shepherd has assigned
Assistant Prosecutor VOORHEES, TO in
vestigate the case
Calls Mrs. Kellogg Dear Friend"
Attorney Frazer questioned Bern
stein on statements in the affiadavit,
rejecting on Mrs. Kellogg and
Dr. Moffat. He brought out the
fact that Bernstein had address
ed letters to Mrs. Kellogg, re-
ferring to her as dear friend"
in an appeal for loan OF $50.
after he had made the afiadavit.
charging her and DR.. Moffett with
improper conduct. Asked why he
sought money from Mrs. Kellogg,
Bernstein explained that he wanted
TO leave town, not caring to come in
to court in the present case, that It
would be better for Mrs. Kellogg IL
he didn't appear.
well. do you now want to change
your testimony" Mr.. Frazer asked.
-No." Bernstein answered. "all
have testified TO is true: / can't
change it,
@Then all others who have testified
on the same points are liars?" Mr..
Frazer questioned.
Mr.. Geer objected to the form OF
the question, and the court upheld
him
Mr.. Frazer next questioned Bern
stein on the conduct of Kellogg. but
failed TO elicit anything derogatory
to his character. Bernstein also de-
MED that the Kelloggs quarreled very
much, OF that Kellogg called his wife
vile names Asked about Mrs. Kel-
logg's disposition. Bernstein said that
she got angry with him occasionally.
Once, when he failed to fix her au-
TO. he said she fiared up and said,
.Ohs he'll, I'll fix IL myself"
Bernstein admitted that he lied
when he told Attorney Louis WurZ-
er. former attorney for Mrs. Kellogg,
that she had not gone cut auto rid
ing with men. He didn't tell the truth
ON this particular point, because Mrs. \
Kellogg, he said, had advised him not
70. "as Wurzer might be wanting the
Information for his own benefit
Frank Duval, claim adjuster, who
had a claim from Bernstein against
the d. u. r. for adjustment, 5wore
that Bernstein had told him that the
affidavit he made against Mrs. KEEL
logg and DR.. Moffett was false, and
that he wanted 10 make another afflda-
Wit generating them. Duval SAID he
prepared another affidavit, but that
Bernstein refused TO sign IL, saying
he would only sign on condition that
his claim against the ID. U. r. was
satisfactorily adjusted.
In cross-examining Duval, Mr.. Geer
went infinitely into the details OF
Bernsteins visits TO Duyals ONCE, TO
the annoyance OF the court.
you are killing a large amount or
time for very little profit" the judge
finally told Mr. Geer. The latter then
let the witness go.
Max Frank. for whom Bernstein
worked as chauffeur, after leaving the
Kelloggs- said that he dispensed with
Bernstein's services after his machine
was wrecked by ID. u. r. car. He
also related that Bernstein advised
him that unless he got some money
from the witness, he would make an
afidavit for the ID. u. r., representing
that Frank had no claim against the
company; that the accident was avoid
able by the chauffeur.
Mr.. Geer informed the court that
he wanted Or. Mofrett and his wife
A. .ss... ~.