The morning call., 1892-07-02
THE DEFENSE.
Testimony That Was Given In the Water
Front Suit Yesterday.

Testimony That Was Given In the Water
Front Suit Yesterday.
The defense in the waterfront suit is
making bitter fight and Mr.. Mullaney has
worried Mr.. Moore considerably in his
method of wormiDg evidence from wit
nesses damaging TO the Waterfront Com
pany.
These two Attorneys are the bright and
shining lights in the magnificent array Of
legal talent" They do all the quarrelng.
all the objecting. all the questioning, and
are promp ted only by the others.
Mayor Melvin Chapman, one Of Mr..
Moore's assistants for the corporation,
Quailed and withered yesterday.
Mullaney opened the defense with nice
little prologue by telling the Judge, jury and
spectators of double sOmersault executed
By the honorable Mayor.
Il propose 10 prove" said Mulauey,
"that Mr.. Chapman, as Mayor of Oakland,
went TO Forth on June s and advised him
10 defend his possessions on the water
front with his life, telling him that he had
a right TO exhibit and use guns In case Of
absolute recesslty, yet admOnishing him not
TO use them unless there should be absolute
necessity OF doing so; anG further that he
told Fortin that he would aid him with
police protection IL occasion should re-
quire it,:
"Mr. Chapman, as Mayor. said that" said
Mr.. Mulianey, land now Mr. Chapman, as
attorney, comes here in the hire of the
Waterfront Company TO defend Its case at
law"
Mr. Chapman changed color just little
biz at this, and Mr. Moore objected. He OBJ
jected more or less during the whole day
while the defendants witnesses were bein z
examined, and in many cases his objections
were sustained.
Yesterday afternoon V. L. Fortin took
the stand and testified that the Mayor had
come to his house and said, Hold the fort,
and II you need police protection you shall
have it, Fortin. Tell Taylor's men your
guns are loaded, and tell them again, but
don't shoot unless you have to-"
Mr.. Muilaney questioned Fortin about
his asserting claim TO the waterfront land
Iii dispute. Fortn said that he was in
Desceable possession as early as in 1888 !;
that then he did large amount Of filling In !;
that on the evening Of June z last he ex-
pected his possession 10 be f0rcibly taken
from him, and that he took men there and
built shanty, leaving them on guard to
protect his premises. To all Of these state
ments Mr.. Moore vigorously objected. and
some OF the answers were strikeD out.
"We must be allowed to get some nfor-
nation from the Witness" said Mr.. Null
laney, after string of objections from
Moore.
" Did any defendant. drive out, disturb
or In any earthly way interfere with Tay-
laney.
mo, sir; there was no disturbance what
ever" was the answer.
did you ever, at any time, interfere with
TaylOrY'
Only once. and that was to prevent the
building of fence across Castro street."
Were Taylors men there on June 7P"
They were driving piles on the night we
took possession"
Court was then adjourned until Z 30 last
night, when n across-examination was made
by the plaintiffs attorneys.
During yesterday BarriDger testified
about his occupancy of the land since 1883
as a representative of Fortin and the Shoal-
water Company. j. p. Dameron of the
Shoal-water Company occupied the stand
during the greater part of the day and was
examined and crOss-examined In regard to
his tax bills and repeated the story of
Fortin's entry on the night Of June Z, when
he expected the Waterfront Company to
make raid and wrench the possession
from him.
The courtroom was overcrowded at both
the day and night sessions