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634

X. AMERICAN STATE TRIALB.

ler’s office, he went down to her
husband’s offiee and that upon
reaching her husband's office sha
found a note, This is the note
she gave me. (The note is dated
Febraary 6,18 “H. H. Call
me at Ivy 164, before you go
home this P.M. without fail.
Cook.”) She aaid her husband
had gone to Rome that morning
and would return ebout seven,
and if he got that note he would
probably kill her and then go
after Mr. Candler to kill him, or
else would sue her for divorce,
and that she was very much per-
turbed over it. Called Mr. Cook,
asking him to come to the office,
and carried him back in the pri-
vate office, called Mrs, Hirsch
and my brother, George. I stat-
ed, “T represent Mr. Candler and
I want to talk with you.”

Mr. Cooper. I object to what
Mr, Forrest Adair said. Of
course whatever the defendant
said is admissible. I mean the
defendant on trial. I am_con-
tending that what Mrs, Hirsch
said is not admissible, but your
Honor bas roled against me. I
object to what Mr. Adair said on
that occasion,

The Court. The whole con-
versation is admissible aa part of
the res gestae, Everything that
occurred between these threa
parties or fonr parties is admis-
sible aa a part of the whole
transaction,

Mr. Adair. Mr. Cook arose
and said, “I didn’t know that this
was what you wanted to talk to
me abont or J should not have
come.” And he got up and
started towards the door, with a
nod of the head he motioned to
me and I eaught the hint and
opened the door and went out
with him and left George and

Mrs. Hirseh in the room. When
we got to the room adjacent our
general office I said, “Cook, what
is it you want, what is it we are
up against?” and he says, “I
don’t care to diseuss this matter
in her presence, nor do I care to
discuss it with you; I will talk
fo old man Candler and nobody
else.” He cays, “T have just
found out some things that shock
me a great deal.” He says, “This
is not her first offense. Her hus-
band is one of the best friends
I have ever had in my life, and
Mr. Candler, like a good many
others, is just an old b; i

and I won't talk to you about it,
F will talk to him and nobody
else.” I told him if he wished
to talk to Mr, Candler, I could
probably arrange an sppoint-
ment, and I would undertake to
have Mr. Candler at wy office the
next morning at half past eight,
and he said if I would do that,
he would come to my office when
he found Mr, Candler there and
would talk to him. He says, “I
will tell him what he haa got to
do.” I said, “Why don't yoo
tell me and let me communieste
it to him?” He aays, “No, I will
tell him personally what he has
got to do.” Then he left the of-
fiee and I went back into the
room where Georga Adair and
Mrs. Hirsch was. Told Mrs.
Hirsch I had arranged for this
appointment in the morning be-
tween Mr. Candler and Mr.
Cook. After that appointment
was over I would communicsie
with her and bave her to eall me
up. The next morning Mr.
Candler came to the office. I
called Mr. Cook over the ‘phone
and told him Mr, Candler was in
ny office, and we were ready for
him to come over. He said that

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