The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-11-23

nitely known, it indicated that the West
inghouse concern practically abandoned
TIE case Walter X. Freeman has been
prosecuting against it for his rights
through his counsel, Joseph Church.
In one respect it was not an agreeable
surprise, for the machinery of justice had
been prepared. and had Mackaye appeared
in Examiner Heacock's room, in the APP
praiser's building, he would have been ar
rested on a warrant charging him with
subornation of perjury. 1t also developed
early in the day that Warren P. Freeman
had left, presumably for the East.
This was the way Attorney Mackaye's
letter read:
SAN FRANCISCO. Cal, Nov. 81, 1895
Ny Dear Mr.. Church: Upon consultation we
have decided to close here with Marvin.
Circumstances require my early presence in
New York, and shall therefore not be present
during the remainder OF Marvin Freeman's
deposition. / have no doubt you will let me
reserve objections.
Ileft proper certificate with Commissioners
Heacock 10 put on to the testimony taken here.
OF course you are authorized 10 finish Mar
wins crosS-eXaminatlon without me. Yours
truly, II. 5. MAcKAYE
Out of the eight witnesses for the West
inghouse Company which Attorney Mack
aye had managed to get to this City by his
rubber scheme the dispositions of only two
had been taken before Examiner Heacock,
namely Wallace K. and Marvin L. Free
man, and being under oath their state
ments were favorable to Waiter K, the
plaintiff. Marvin's was particularly so,
and Mr.. Church is Just about concluding
his cross-examination.
The other six witnesses were to be Mr..
Mackaye himself Warren P Freeman,
Alexander II. Freeman, the man who was
Nv
land and George Hill, and a man named
Ferguson. Miss \. E. w. Smith was also
to have been called incidentally by Mack
aye.
Wallace E. Freeman left Wednesday,
and Walter K. thinks Mexico was his des-
tination. HI neglected to sign his deposi-
ton, as corrected, before he went. How
ever, Examiner Heacock will not let the
corrected document go by the boards. He
will sign his initials to it and let it stand
at that.
There is one little thing Mackaye ne
elected to do before he took the overland
fiier Thursday. This was to pay some of
his bills. So Walter X. Freeman says.
His witnesses were here at a per diem of
IS each, and his bill from Examiner
Heacock and Stenographer Brown will
probably amount TO $1,000. The Westing-
house Company of Pittsburg, Pa, Is ricn,
though, and Mackaye's creditors will look
IL
OF all the witnesses Mackaye got here
by his ''fake" rubber company plan only
two stuck to him, Wallace K. and Mar
win L.
The sudden departure of Mackaye almost
took the breath away from his opposing
Learned brother in the law" Mr.. Church.
But Mr.. Church Will turn the incident to
very good account. It is a complete VIC
tory for him and his client.
Mackaye is the third attorney who has
been worn out in the service of the West
inghouse Company in this particular con-
troversy, says Walter h. Freeman. The
millions involved have been great allure
ment to the young and ambitious lawyer.
The first one to give up the battle was
Charles A. Terry OF New York. Then W
G.. Carr handled the defensefor ten months
and grew so tired that he quit it. Mackaye
has struggled along for five months. He
was full of resources, some of which are
unknown to ordinary attorneys the rubber
scheme, for instance. When he started his
rubber company here with a nominal
capital of 100000 and had Walter K Free
mans opposing brothers into it, he felt
that the smile OF fortune was upon him.
TO some extent he has got even with two
of these perverse brothers. Alexander H.
Freeman has q bill OF S. q day since
October l, and Marvin J.. Freeman's bill
dates from October u for a similar per
diem.
There was little thing OF two that
made Walter K. anxious, besides his in
tended criminal proceedings, to see Mack
aye and his vamoosed brothers stay a few
DAYS longer IN the land of sunshine, fruit
and flowers. Two affidavits had been filed
with the clerk of he United States Circuit
Court that needed explanation. One pur-
ported to be Alexander III. s, filed October
10, and the other Warren P.'s. filed No
vember II. Now Walter h. says the Al
exander II. affidavit is a forgery, and he
was anxious at the close of yesterday af-
ternoon's business TO have statement to
that effect appear on Stenographer
Browns tablet from the very lips OF Alex
ander I'll. himself for the records. 1t has
not been customary for Alexander FL. to
be present at the proceedings, but he hap
pened to be on hand yesterday afternoon.
Mr. Church thought, however, that in
the absence of counsel for the defense 1t
was not proper to SO record Alexander H.,