*

to do was to sign those papers. I tried to dissuade her. I said to her, 'Olga, why do you do this? Why are you conveying away your property? What object have you?' 'Well,' she says, 'Mr. Whitney has got into trouble and probably has spent money on me to give me a good time and I feel like making the matter straight,feel like helping him out of the trouble.' 'Why,' I says, 'I would not do it, under the circumstances, unless I was married to him.' She replied, 'I am as much married to him now as I ever will be."" When asked, on crossexamination, what she meant by being married to him as much as she ever would be, he said: "She simply made the declaration and I drew my own inference. I said to her, 'You are then married now, or you wouldn't do what you are doing.' She made no reply to that, that I recollect." He further testified that on the way to the attorney's office, on the street cars, he conversed with her about the policy of her course and advised her against signing the papers. This conversation is also undenied by her.

Thomas Paige, in his deposition, says that he and Whitney were close and intimate friends,-members of the Uniform Rank K. P. 's; that they spent a great many nights together; "our friendship was more than ordinary, owing to the fact that he had done me a certain favor. I learned soon after he left Cleveland of what was claimed against him. About six weeks after that Miss Greenwald came to me and stated that she had received a letter from Whitney directing her to come to me, as of all other persons I would be the most likely to assist him, and also to have me request my friends in the K. of P. order, as well as his friends, to assist in getting it, so we could make a settlement. * * * I met her in my office the following Monday and heard her statement as above, and afterward tried to interest our friends along the line indicated, but met with little success, owing to the money market. For a long time, almost every Mon

day after that she visited my office. At first she had no definite plan, but afterwards she told me that she first thought she could raise enough money to make good the defalcation from Whitney's relatives, but without success. She then wished me to loan her the money. She got a statement from Mr. Whitmer, her guardian, stating what property she had in Bloomington, and told me if she could raise $6000 she thought that that would be sufficient to make good the loss to Daykin Bros."

Glucus W. Collister, also of Cleveland, an attorney at law, testified: "I called at the office of Mr. McMillan, who was acting as this girl's attorney, to examine an abstract and a will, so as to pass on the question for my client, Mr. Paige. I was there several times, and there was one time when Mr. McMillan had to be out of the city that I was sent for to come to the office of Dickey, Estep, Carr & Goff, attorneys, in the hands of one of whom Mr. McMillan had left Miss Greenwald's affairs while he had to be away. Mr. Carr was to draw up the papers for her to sign to convey her property to Mr. Paige to secure him for advancing the money to her that was owing to Daykin Bros. She explained to Mr. Carr what she wanted done, and I told Mr. Carr what I knew about the transaction, as far as it had gone; that this fellow was a defaulter and had been a book-keeper for Daykin, and this girl was anxious to get him out of trouble; that Daykin had told her, in my presence, that if Paige paid him money, or anybody paid him money, he would not in any way compromise the criminal matter; that that was in the hands of the prosecuting attorney, and he would have nothing to do with it. I told Carr that was the attitude that I had heard Daykin tell her that in McMillan's office. Carr then told her she was very foolish to make any such conveyance of her property. She said she knew what she was doing, no matter what he thought of it, and he advised her not to do it, and finally said, if she persisted in doing it she would have to get some

other lawyer, -that he would not do it, and we came away. In McMillan's office I heard Daykin advise her several times not to make this conveyance; that she was very foolish to do it; that she was unmarried to this man, and if she paid out her money for him and he came back to America he probably would throw her over and not have anything to do with her." This testimony is uncontradicted by her.

Francis C. McMillan, her attorney, testified: "I acted as attorney for Miss Greenwald in 1893 in the transaction in which she conveyed her property to the Paiges. I had not met her before then. She came to my office and introduced herself and stated her business, and I took charge of it for her. The first thing she wanted me to do was to raise money, or assist her to raise money, from the relatives of Mr. Charles Whitney to pay up some defalcations he had made from the Daykins. I did what I could with these relatives. I saw a number of them. I sometimes went with her and sometimes alone. I found the relatives pretty well fixed-some of them considered rich. The ones I saw were fairly wealthy, but they would not pay enough to pay up the defalcation. Before going to see these relatives I went to the Daykins with a skilled book-keeper, and we went over the books and figured it over and arrived at about $10,000. Then I began negotiating with the Daykins, who were claiming a loss of about $10,000, and we finally got to an agreement that they would accept $6000 in settlement of the defalcation. Now, when I say in settlement of the defalcation, I mean merely the civil branch of the matter, as I had told Miss Greenwald under our State statute the criminal branch of the defalcation could not be settled; that it would be termed compounding a felony, and that she and I and all others who participated in such a thing would be liable to severe punishment, and that all that could be settled would be the paying back of the amount of the defalcation, or what the Daykins would take for the amount

that they claimed that Whitney had defaulted of them. I received the letter marked 'Exhibit 7,' from Daykin Bros., and made the settlement on the terms mentioned therein. I showed my client the letter. I showed her everything. The letter is as follows:

"CLEVELAND, OHIO, August 24, 1893. "Mr. Frank McMillan, Attorney, Society of Savings Building, City: "DEAR SIR-Brother Mark tells me that he had a meeting with you and that you represent Mr. Whitney and Miss Greenwald, and you want to settle Whitney's account with us for them. Miss Greenwald was in to see me several times and she also sent a gentleman friend, and I told them both that I would do nothing in regard to taking her property and we would make no arrangements not to prosecute Whitney. We will take the $6000 in cash you say that his friends will pay, and give you a receipt in full for Whitney's account with us. Before we take it, however, we want you to go over the books with the experts and satisfy yourself, for your clients, that they are getting a big cash discount on the amount he owes us. We cannot settle the criminal part of the account.

"Yours respectfully,

A. G. DAYKIN, for Daykin Bros.' "She wanted the criminal prosecution stopped, and I told her emphatically that my standing as an attorney at this bar would not permit me to participate in such a thing as the compounding of a felony or compromise of a crime; that I could not do it; that if she wanted anything of that sort done she would have to employ some other counsel; that I could not jeopardize my standing in that regard, and I told her how utterly useless it was to try a thing like that. After I had failed to get the money from Whitney's relatives, Miss Greenwald proposed to give security on her Bloomington property if we could find a loan. Several people were suggested,among others, her brother-in-law here, -and finally she told me she had found a man by the name of Paige, whom I had never seen or known. I urged her not to encumber her property, but things went on until she had perfected her general arrangements with Mr. Paige, when

she brought him to me to have the papers made out and details attended to. About this time she wrote me the letter, as follows:

"F. C. McMillan:

"BROOKLYN VILLAGE, O., Sept. 28, '93.

"DEAR SIR-As I wish to leave the city in a very few days I wish you would close up the matter as soon as possible. See if Mr. Daykin has received those abstracts and what Mr. Paige will do, and also that Mr. Daykin will stop all further proceedings. The agreement between Mr. Paige and I is, that I have the use of my income for two years, for the reason I have drawn that money for that length of time, and that I am to have six years' time to pay this in, first payment to be made two years from date, and that at any time I have the right to sell my bank building share to my sisters, and the same to apply as payment, and until the six years are up he has no right to sell or transfer my property in any shape or manner. The interest to be paid yearly, after the first two years. The payments are to be divided equally. He is to give me a deed in return; at the end of six years will be delivered to me, and if I should die, my sisters have the right to recover my property at face value; that Peter Whitmer will control my property just the same as it was before, as it is understood the deed is only given as security.

"I trust, Mr. McMillan, you will work to my interest in this matter, and if there is any danger of Charlie being brought back here you will tell me so. Have you been able to get that money? The matter must be attended to at once, for I must leave the city within the next five days.

"Very respectfully,

OLGA GREENWALD.'

"I then refused to act for her further until she should submit the matter to her relatives and friends, and requested her to bring some one in to me for a conference. She brought a Mr. Collins, whom till that time I had never known, and we both together urged her not to go ahead and tie up her property as she proposed, without avail, and I then told her to deliberate longer over the matter and see if she couldn't come to the same conclusion he and I had. After that, she and I had several talks about the matter, in which I kept holding up to her the danger of her losing her property. I told her that a man