The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-05-11
IN THE sPREckELs CASE,
Shall the Defendant Be Com
PEELED to Produce the
CaShbook?
PART OF A LONG ARGUMENT.
Mr.. Delmas Contends That His
Client Cannot Be Forced to
Answer Certain Questions.

In the case of c. A. Spreckels against
Claus Spreckels Judge Daingerfield yester-
day afternoon heard part of what promises
to be lengthy argument concerning the
point as to whether or not the defendant
shall be compelled to answer certain ques-
tions and produce certain books and
papers. 1t is expected that the argument
will be concluded some time Monday even
ing, and to this end 4 P. NJ. of that day has
been set for its continuance. Very brief
and pointed was Mr.. Delmas in his open
ing statement. Whether his client was
warranted in declining to answer the
questions put by Mr.. Ach and in refusing
to produce the books called for in the sub
pena issued at the instance of the plaintiff
were the points for his Honor to decide.
As to the questions, if they were relevant
at all, Mr.. Delmas contended they could
only be relevant as showing the justifica-
ton or lack of justification of the words
spoken. The questions could only be
asked to show that the plaintiff was
not guilty of the charges of embeZ-
element, and no such showing had been
made.
AS to the production of the books and
letters the objection was twofold. In the
such subpoena as had been issued to COM
pei their production. If the power of COM
polling a great business enterprise to pro-
duce its private books and letters were
vested in notary or commissioner, said
Mr.. Delmas, it could easily be seen what
an engine of oppression such authority
could become. There was no such power,
he thought. And then, if a court commits
sioner could compel the production of the
lie or laac Z or ha hp q
books contain facts pertinent to the issue
before the court.
Before Attorney Ach began his reply,
Judge Daingerfeld suggested that the
matter be taken up seriatim. What was
the first question objected tor he asked:
II asked the defendant what were the
names of his other sons" said Mr.. Ach,
land he declined to answer
In SANDER cases the rue was, Mr.. Ach
contended, that all family relations, infiu-
ences and connections pertinent to the
issue could be gone into. 'And. besides,
Mr.. Delmas was permitted to ask all these
questions of G. A. Spreekels when the lat
ter was on the stand"
The questions asked and the documents
required would show every dollar OF money
spent by the plaintiff at that time, said
Mr. Ach, and would prove that the charge
of ENLIGHTENMENT was false. Such testi-
mony would surely be admissible, as show
ing malice in the SANDER.
Have you in your possession the cash
books of the Sugar Refinery Company"
was another one of the questions that
Claus Spreckels declined to answer at the
instructions of his attorneys. Mr.. Ach
was reading the questions from tran
script of the examinatio He read many
similar questions, all of the same tenor
but couched in different phrase. Then he
continued his argument, citing authorities
to corroborate it, until the hour Of ad journ-
ment.
Judge Daingerfeld suggested at first that
the case go oyer till next Friday, but upon
Mr.. Delmas explaining that his client de-
sired to start for Europe on that day on
an errand of considerable Importance,
Monday evening was fixed as the date.