n of this
letter from the alleged Skeels, and Browne was compelled to state that
he had immediately destroyed it on its receipt. The prosecutor then
argued that under those circumstances, and in view of the fact that the
People's evidence showed conclusively that no such person as Hubert
existed, there was no reason why the trial should not proceed then and
there. The Court thereupon ruled that the case should go on.
A jury was procured after some difficulty, and the evidence of Mr.
Levitan received, showing that Browne had represented Hubert to be a man
of substance, and had produced an affidavit, purported to be sworn to
by Hubert, to the same effect, with deeds alleged to have been signed by
him. Mrs. Braman then swore that upon the same day Browne had himself
acknowledged these very deeds and had sworn to the affidavit before her
as a notary, under the name of William R. Hubert.
Taken with the fact that Browne had in open court stated that Hubert was
a living man, this made out a _prima facie_ case. But, of course, the
District Attorney was unable to determine whether or not Browne would
take the stand in his own behalf, or what his defence would be, and, in
order to make assurance doubly sure, offered in evidence all the deeds
to the property in question, thereby establishing the fact that it was
originally part of the Petersen estate, and disclosing the means whereby
it had eventually been recorded in the name of Hubert.
The prosecution then rested its case, and the burden shifted to the
defence to explain how all these deeds, attested by Browne, came to be
executed and recorded. It was indeed a difficult, if not impossible,
task which the accused lawyer undertook when he went upon the stand. He
again positively and vehemently denied that he had signed the name of
Hubert to the deed which he had offered to Levitan, and persisted in
the contention that Hubert was a real man, who sooner or later would
turn up. He admitted knowing the Petersen family in a casual way, and
said he had done some business for them, but stated that he had not
heard of their tragic death until some years after the sinking of the
_Geiser_. He had then ascertained that no one had appeared to lay claim
to Mrs. Petersen's estate, and he had accordingly taken it upon himself
to adveritse for heirs. In due course Charles A. Clark had appeared and
had deeded the property to Keilly, who in turn had conveyed it to
O'Rourke. Just who this myste
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