The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-03-01

Poniatowski, is an important witness for
the Southern Pacific Company in their suit
now pending in the courts against the city
OF oakland to quiet title to the Oakland
water front. Mr.. Carpenter has been too
i'll to attend court, and the retaking of his
testimony on certain points has bern post
poned from time 10 lime, until at last it was
decided to take a deposition in his sick
chamber. Last Friday United States
Commissioner Heacock in the capacity of
examiner attended with the various attOr-
neys, but MIR. Carpenter was to i'll to talk,
and the matter was continued until yes
terday afternoon.
AT O'clock Commissioner Heacock ap-
peared on the scene, accompanied by
Attorneys John T.. Fuulds, j. G. Martin
and A. A. Moore, for the railroad, while
William Lair Hill anG E. j. Prlngle ap-
peared for he city of Oakland. Mr.. Car
pentler sat up to undergo the examination
IA first, but soon asked permission of the
Commissioner 10 lie down, which being
readily granted, he piled the pillows up
under his head and answered questions
put to him iE that position, while his Wis
itors sweltered in the great heat of the
chamber, which had roaring fire.
All the proceedings we're interrupted by
the abrupt entrance of the future Princess
Ponialowski, who deftly arranged the pill
lows under her guardian head, and then.
after hurredly glancing at the assem- bled
limbs of the law as she might at cage of
wild animals, disappeared as abruptly as
she came.
When Mr.. Moore asked the witness his
age and occupation. MIR. Carpenter an
swered curtlY:
Il will not go over all that stuff again.
L went over it last summer, and now, sick
rs L em, am Tot going to run the risk of
my life to rethrash old straw. | will not
go over it without a special order of court.
l am not well enough"
ENra . ka Of
gered, and then Mr.. Moore replied: 1T
ont take more than twenty minutes. Mr.
Carpenter. We wish 10 clear UP some
D 'ints. that's all. We will not go over the
old ground"
Il attn not going to answer questions l
have answered BEFORE" retortrd Carpen-
tier. II will go on with the examination,
but not go over it. If you want 10 ask me
new questions, 20 o."
Then Mr.. Moore questioned the sick
man as TO his ownership originally OF Main
wharf at the foot of Broadway. Oakland.
The questions all tended to bring out the
point that Mr.. Carpenter had never given
the public any rights to the wharf. He
gave a list Of the wharfingers employed,
and testified to the depth of water there
which permitted steamers of light draught
and other craft to deck there. lie said
his title to the property had never been
questioned.
did you ever give the public any rights
to the property?" was asked.
mo. sir, never did,"
ibid you ever intend to give the public
any rights to 2"
Il can only answer that question by
saying no." replied the witness slowly.
The questions were nearly all objected
to 10y h. j. PriDgle on behalf of the city
on the ground of their irrelevancy and
some on the ground that their answers
would state conclusions Of law.
The whole examination took little more
than fifty minutes, and at the end Attor-
neys Pringle and Hill retired 20 consult.
On returning they said they would not ask
any questions. Attorney Martin asked
the clty's counsel whether they were
willing to stipnlate that the testimony
could be used in certain suits growing out
OF the main suit. They refused on the
ground OF not caring to accept the respun-
slbillty In the absence of their associate.
They agreed. however. to the reading and
signing OF the deposition by the witness.