The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1893-09-29
M'NEViN'S REPUTE
What Certain Witnesses
Had to Say.
LESSONS IN NAVIGATION.
Dispute as to How Far the Study of
Practical Navigation Dips into
Scientific Research.

Some amusing testimony was given yes
terday during the trial of the action insti-
tuted by Captain Edmund McNevin
against Count Rudolphe Fesietics de
Tolna to recover S126O for Instruction in
navigation and plans supplied for the
building Of the Counts yacht.
The counsel Tor the defendant proceeded
vigorously to impeach the character of the
nautical instructor, and for this purpose
l.. Emanuel, the furniture-dealer, was put
on the witness-stand. Asked as To what
he knew of McNevin's character for truth,
honesty and integrity. the witness replied
that it was bad. very bad.
Would you believe McNevin under
oath?"
mot much"
In crOss-examination the witness ad-
United that he bore malice toward Nc
Nevin. and being pressed for the reason
no gave the following story:
"McNevin came to me one day and said
he had orders 10 furnish the French Gov
eminent with gunboats. He wanted GER
tain interior fittings. and | was to supply
them. McNeyin showed me great big
document. written IN French. with great
big seal on il, which he said was his
authority. l know nothing of French, so
took his word for il. My bill against
MeNeyin for this work was between $500
and $500. but | couldn't get my money.
II went to the French Consul about the
matter, but he ignored the whole business.
and said there was nothing in it. So
caused McNeviD's arrest for obtaining
goods by false pretenSes. Az. and he'd
have been sent across the bay, too" added
the witness, ''Only that the French Consul
took advantage IF his consular privileges
n TaG lftr in hn
wonder I'm prejddiced against McNevin."
After this the defendant was asked 10
tell his version OF the story. He said that
he paid McNevin S125 for full course of
instruction In navigation; that course was
to include everything that could br
learned. McNevln said nothing whatever
10 him about there being another or a sec
ond course Of obstruction. As TO the yacht,
the witness said that he often spoke Of his
Intention 10 build one, but he gave no in
structons to McNevin 10 draw any plans
or specifications therefor.
Have you ever seen this plan before ?"
"Oh, yes. McNevin showed me that one
day He said it was the plan Of a vessel
he intended to build. with his patent rud-
der attached. lie also said that the plan
might do for my yacht, If wanted to build
one. But l objected TO that, as the pro-
posed boat was not deep enough for nv
purpose; also, l didn't like tho deck
houses"
Count Festetics further testified that he
gave no instructions Ia MeNevin to pro
cure a copy of Mrs, ButterwOrth's will.
There was no money paid out by McNeyin
FOR any such purpose. He did not think
that he had ever mentioned Mrs. Butter
worth to McNevin, but, as he said, me
Nevin twisted me right and left so much
that l couldn't possibly remember now
what may have said or talked about"
In conclusion, Count Festetics said that
he purposely omitted to tell McNeVin that
his yacht was being built. as he was afraid
McNsvin might want to order a Loo of
things in his behalf
Captain Matthew Turner, who designed
and built the Counts yacht, was then
called. He said that Count Festetcs had
brought some plans for the cabin which
an architect had prepared. "But had to
reject those plans, said the witness "as
according to them the yachts cabin would
ptotrude several feet through the bottom
Of the vessel"
WHAT do you know of McNevin's char
acter for truth, honesty and lntegrity?"
It's very BAD
well. but have yon not some feeling or
animus IN the matter?"
None other than desire to let him
alone"
John F. Wichmann, first mate of the
IONA, gave his experience as pupil of
McNevin
Captain McNevin was then called in re-
0uttai. He denied that there was only
one course of education in his school. liz
people wished a higher course they must
pay extra. As 10 double altitude, astrop-
omy and the laws OF storms, they were not
Included in what lie called the study of
practical navigation. They belonged TO
scientific navigation, and were unneces-
sary In the practical school.
Harry 81. Hatford was called bv the
plaintiff to testify that he had talked with
Count Festetics about McNevin's bill. an
the Count had told him that he had paid
McNevln over $500 for instruction. In
cross-eXaminatiOn, the witness admitted
that Count Festetics claimed to have
receipts for all McNeviD wanted from him.
Then this witness testified tn at he knew
the reputation of Count Festetics for truth.
honesty, etc, To he very bad. But un-
fortunately 1t came out in evidence that
this witness was originally on The side of
the defendant, but had gone over TO tie
other side by reason of being DISCHARGED
from the Counts service few DAYS ago.
de had been previously threatened with
discharge, but mad openly said that 1.-THE
Count daren't discharge him. as, if he did.
he (wiinessl would go against him (the
Count in his lawsuit"
Finally the case was submitted. Judee
Sanderson promising to render a speedy
decision.