She testified that all the trouble had been caused by Mr. Marsh giving
her his house and in answer to a question as to why she did not get
money from him instead of real estate she replied that she had tried
to but that he was very mean with his cash. The last time she had gone
to him for money he had refused it, offering her instead a deed of his
property in Newport. This she had refused fearing it would get her into
more trouble.
During the early part of the trial Diss Debar conceived the idea of
consulting the spirit world in regard to her own course of action and
soon after, on “the advice of Cicero and his colleagues in council of
ten” she returned the deeds of the Madison Avenue property to Mr. Marsh.
One of the surprises of the trial was the calling by the prosecuting
attorney of a professional illusionist, mesmerist, and conjuror, Carl
Hertz, as a witness to prove by duplication that the tricks practiced
on the unsuspecting Marsh by Diss Debar were simply applications
of the ordinary laws of physics. This he succeeded in doing to the
satisfaction of the court.
While Hertz was exhibiting “spirit message” reading on the stand Diss
Debar did everything in her power to embarrass him but without success
as he met every condition she suggested including some under which Diss
Debar herself would have failed to “manifest.” Mrs. Hertz had been
her husband’s assistant in reading the billets. Diss Debar proposed
through her lawyer that she be allowed to take her place. Hertz readily
consented. The Judge examined a fresh piece of paper and Hertz passed
it to Diss Debar who deliberately tore it in two pieces and handing one
of them back said to Hertz:
“I always mark mine; now let me see you do the trick with one of these
pieces.”
Hertz availed himself of the regular mediumistic subterfuge
“unfavorable conditions” explaining that it was only a trick and being
exhibited as such. To this Diss Debar retorted:
“I rest my honor upon its _all being done by Spiritual power_ when I do
it.”
At this the court ordered her from the stand refusing to allow
discussion along such lines. Later in the trial Hertz was recalled to
the stand by Diss Debar’s counsel and asked if he could produce the
trick with Mr. Marsh as an assistant. He replied that he “could and
would.” From a newspaper account[60] we learn that excitement in the
courtroom ran high while he proceeded with the trick. Diss Debar told
Marsh to “mark the tablet.”
The conditions were not favorable to the performance of a
sleight-of-hand trick. Mr. Marsh and Mr. Hertz were less than two feet
apart and people crowded around so close that the magician scarcely had
room to move, and yet he succeeded completely in deceiving Mr. Marsh.
When Hertz handed the tablet to Mr. Marsh he calmly said:
“If you wish to tear a corner off the tablet so as to identify it, I
have no objections.”
Mr. Marsh tore the corner off the tablet, nevertheless he was
completely tricked, and he so admitted to the court.
Public-domain text, read in full here on John Shaqi.
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