Evening star., 1923-10-17
SURPRISES limited
IN STOKES TRIAL
Sensation Comes When Aged
Plaintiff Is Called to Stand
on Affidavit.
BY the Associated Press.

BY the Associated Press.
NEW YORK, October 17.-Further
surprises are expected when the
rehearing of w. E. D. Stokes divorce
suit is resumed in the supreme court
today Mrs. Anna Francese. charwom-
an, was on the stand when the trial
adjourned late yesterday. She testi-
fed that several times she had seen
Mrs. Stokes on the stairs leading TO
the apartment of Edgar T. wallace,
correspondent. and 1t was expected that
the defense would make an effort to-
day to shake her story.
One of the sensations OF the trial
came late yesterday when Mr.. Stokes
was called to the stand. He testined
made by his witnesses which had not
been produced and Justice Mahoney
ruled that no other questions could
be asked.
Stokes contradicted the testimony
OF Anna Mcintosh. one Of his negro
an affidavit filed in court by Mr..
Stokes and signed with her name
Asadavft I'm Conflict.
The affidavit conficted with her
testimony of Monday and yesterday.
when she stated she had seen Mrs.
Stokes twice while she was sub
stitute maid in the apartment OF
Wallace. and once at a liquor party
in the home OF Miss Ida Adams. She
admitted having sworn deliberately
to a lie at the first trial in asserting
she had seen Mrs. Stokes only twice.
She explained she wished to protect
Miss Adams reputation. and the court
had to demand that she name her.
The wealthy hotel proprietor testi-
fed he knew OF only one affidavit
signed by the Mcintosh girl. that
being the document filed with the
court at the beginning OF the retcial
He said it was made. to his best
recollection, after the first trial.
Anna Mcintosh had sworn the only
paper she signed was taken before
the first proceedings.
Pressed by Samuel Untermyer. chief
counsel for Mrs. Stokes. to state
positively whether the affidavit was
made before or after the first trial.
Mr.. Stokes asked to see the paper AMI
get the date.
He knows very we'll it was dated
November 4. 1924" retorted Mr..
Untermyer.
Statements Are Demanded.
Under the. subpoena Mr.. Uuter-
mycr demanded that Mr.. Stokes pro-
duce statements made by other OF his
witnesses. Mr. Stokes handed the
clerk statement of Mrs Nell Rose
Mti!er, wao admitted last week she
had testified falsely about her past.
but could not remember whether he
had taken statements from Joseph A
Thornton, Lillian Payne or Mrs Anna
Doering. all Of whom had told the
jury they had seen Mrs. Stokes at the
Wallace apartment house. He said
he did not take statements from
Elmer Henshaw or Miss Agricola
ByorH. witnesses against Mrs. Stokes.
Miss Mcintosh testified she saw Mrs.
Stokes at a breakfast party in the
Wallace apartment in May. 1914; at
Miss Adams party a few weeks later
and at Wallace's again In 1917 She
aatd she peeped through the kitchen
door at the breakfast party, but later
testified the door was open. Mrs.
Stokes gave birth to one Of her
children in September, 1914.
Miss Mcintosh said she saw Mrs.
stokes at close range at Miss Adams
home after she was sent out for Gig
arettes. She said at first the sigma
ture on the affidavit looked like hers.
but when Mr.. Untermyer pointed out
apparent discreuanctes in statements
in the paper and those she made, she
fatty denied having signed il. Max
d. Steuer. chief counsel for Mr..
Stokes. drew from the witness ac-
acknowledgement she was uneducated
ard didn't know what affidavit
meant.