The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-04-12

Attorney Shortridge secured his own way
in the proceedings.
For the same reason Attorney Ach did
not have an opportunity to carry out his
threat of entering proceedings for con-
tempt of court against Claus Spreckels,
Attorney Shortridge and Notary Levy.
Both branches of the inquiry were consid-
cred in brief argument in Mr.. Ach's
Office, and further action was postponed
for the present in order to secure rulings
from the court on the questions which G.
A. Spreckels had declined to answer. The
examination of G. A. Spreckels was con-
tinued, by consent, until Saturday, April
Is, at 10 A. NJ, and that OF Claus Spreckels
was reset for Wednesday, April II, at 10
A. NJ. In the meantime the unanswered
questions will be disposed of in the SUI
perior Court. Following is the text OF the
agreement which was entered into by
counsel for both sides in the case;
1t is understood and agreed by and between
the respective counsel for the parties above
named, Messrs. Delmas & Shortridge for the
defendant and Nessrs. Rothchild q Ach for the
plaintiff, that the said counsel shall at once
wait on the presiding Justice OF the Superior
Court and cause him to assign this cause, If not
already so assigned, to some department OF said
court. That Immediately upon such assign
pear before such court or Judge TO whom the
said cause shall be assigned, Informally and
without notice and at once, and will present
the said court or Judge such arguments and
authorities, pro and con-, upon the proposition
as to whether G. A. Spreckels, witness whose
testimony is now being taken by the defendant
under section 2o21 OF the Code OF Civil Pro-
cedure, shall be or is required to answer any
all of the questions which he has thus far de-
clined to answer during the progress of the
taking of said deposition. That save and ex-
IN xub oh fhTIcr IN
answered, and such further questions and
subjects that might be opened up by answer
by said G. A. Spreckels, or either or any OF said
questions, the direct examination OF the said
witness in said deposition is concluded and
that upon the determination by the court or
Judge of the Superior Court of said questions
the respective parties viii at once resume and
proceed to an immediate closing of the taking
of the deposition of said G. A. Spreckels.
And whereas, Claus Spreckels has been sub
penaed to appear before the Hon. Frank w.
LaWler, court commissioner OF the said court,
for the purpose of having his deposition taken,
under the same section, here1nbefore alluded
to, OF the Code of Civil Procedure, for Thurs
day, the 18th day of April, at the hour of 10
o'clock A. NJ, 1t is understood and agreed that
the said Claus Spreckels shall appear at said
time and at the place in said deposition noted,
to be taken at said hour, and shall be sworn by
the said court commissioner. That immedi-
ately after being so sworn the examination OF
said Claus Spreckels shall by consent be ad-
journed to day certain, and that the taking
of the testimony of said Claus Spreckels
under said deposition, it is agreed be-
tween the respective attorneys, shall
the deposition of c. A. spreckeIs shall
have been finished, Any further adjournments,
Unnecessary, shall be from day to day, so that the
said deposition of said Claus Spreckels shall be
taken up at the earliest possible moment after
the completion of the deposition SO now being
taken of the said c. A. Spreckels The inten-
ton hereby being between the parties and the
attorneys that no unnecessary delay shall oc-
cur or take place in bringing to a speedy close
the taking Of the deposition OF said G. A.
Spreckels.
Lawler may, without the presence of the
parties and without the presence OF the at
torneys of the respective parties after so swear
ing the said Claus Spreckels, as before agreed
ad journ the taking of the testimony of the
said Claus Spreckels from day to day until the
taking OF said deposition OF said Claus Spreckels
is resumed. RoTHCHILD e. ACH,
Attorneys for plaintiff
DELMAs d. SHoRTRIDGE,
Attorneys for defendant.
Claus Spreckels arrived at Mr.. Ach's
Office after the agreement had been made
He expressed himself as entirely satisfied
with the arrangement. He turned to At
torney Ach and in reference to his coming
deposition said:
''Come at me direct and | will tell all I
know. do not like roundabout methods"
With these words the sugar king turned
on his heel and walked away, leaning on
the arm of Mr.. Shortridge.
"The agreement entered into is simply
what was right and proper in the prem
ises," said Mr.. Shortridge. cit is plainly
law and nothing else. We have the right
under the law to finish in every detail the
taking of c. A. Spreckels' deposition before
the deposition of Claus Spreckels is en-
tered upon"
At2P. NJ. yesterday the attorneys in the
case appeared before Judge .Sanderson for
the purpose of filing their agreement
They were informed that the case had
been assigned to Judge Daingerheld's
court. On application by Mr.. Shortridge
for hearing of argument on the questions
that C. A. Spreckels had refused to an
swer, Judge Daingerfield set the hearing
for IL A. NJ. tomorrow.