The San Francisco call., 1896-06-23
MRS, CRAVEN THREATENED FOR CONTEMPT. 7.

asked that the matter be continued This
opened the battle.
Charles J. Heggerty, vIgilant as a gen.
eral momentarily expecting a surprise,
was on his feet in an instant. He claimed
that the proceedings were in the nature OF
taking depositions, and that Delmas and
Shortridge were not attorneys of record,
but simply of counsel. Then continuing
he argued as follows:
This is very important matter. In
struments have been filed under sus piciouS
circumstances, affecting very large inter
eSts of the Fair estate, and we desire to
have the persons who possess the knowl-
edge of the facts give their testimony in
the matter We propose to demonstrate,
before your Honor, that those documents
are forgeries and We object to any contin-
uance. We ask your Honor to direct the
witnesses to take the stand and subject
themselves to the authority of this court"
Choyniski objected to any further pro-
CeediEgs on the ground that i've days
notice should have been given of the pro-
posed taking of depositions, whereas the
subpenaS were served at 4:30 P. NJ. Satur
dav, he claimed.
The persons whose dispositions were to
be taken, he added, had had no oppor-
tunity to consult with their counsel, and
be concluded by remarking: "These peo-
pie are here, and they have no intention of
going away.
F. S. Britain, chief clerk for Delmas &
Shortridge. speaking for his firm, stated
that Mr.. Delmas was too i'll to appear
and Mr.. Shortridge was away. He repre-
sented to the court that Mr.. Delmas was
the only one sufficiently familiar with the
matter to handle ii inteIligently and
properly, and declared that the course of
trying to take the depositi0ns under the
method proposed was wholly faulty.
ala hat nd. nt
sitting as Judge. but simply as a notary
or missioner, and that he had no more
Jurisdiction than such persons. Mrs.
Craven, he said, was not in court in Ie-
Spouse to any order of the court, but sim
ply out of Difference to it. He also asked
for a continuance.
Heggerty opposed this motion on the
ground that witnesses were not entitled to
counsel. He suggested that if there were
any objections to the manner in which it
was proposed to take the dispositions they
could be made when the depositions were
offered in evidence. He moved that Mrs.
Craven be asked to take the stand and be
sworn.
Britain pleaded for Mrs. Craven again,
saying: "It has been charged that GER
tain papers have been placed on record
and that they are forgeries. This is mat
ter OF the contest OF Charles l.. Fair in
the matter of the Fair estate, and we ask
that We be not compelled to go on with
the witnesses while proper council is not
here. The witnesses are not going away"
Here Heggerty renewed his motion that
Williams, Roberts and Mrs. Craven, all
of whom were present, be sworn. DR..
Marc Lexington, for whom subpoena had
also been issued, not having yet been
served. Williams demurred, stating he
desired time and to have his attorney
present.
Britain again objected, basing his stand
on what he termed the informality of the
proceedings and its lack of jurisdiction.
Heggerty came back quick as flash on
Britain, declaring the situation was a
most anomalous one 1.-The court is asked
to grant continuance" lie said, land
at the same time is declared to have
no Jurisdiction. l submit that these
proceedings are farcial. l find a gentle
man OF the bar, like Mr.. Williams,
saying that he wants time to investigate.
What? The testimony he shall give on
the facts that are within his knowledgeP
Is that the proper proceeding? Why
should Mr.. Williams and Mr.. Roberts be
allowed time to prepare their story?
"They came here with deeds and filed
them under suspicious circumstances. We
demand, as matter OF justice, to have
them go on the stand and purge them
selves of what they know regarding them.
continuance" he said, concluding. Their
objections can be made when the deposit
tions are offered in evidence. That is the
extent of your Honors power at this
time"
Heggerty stated that Garrett McInerny,
who was at his side, was to be associated
with his firm in the Fair case, and he
asked that Mr.. MeInerny be heard IN the
matter.
McInerny precipitated the first exciting
incident before he had delivered a dozen
sentences. He briefly referred to the re-
cording of the two deeds on Friday and
then struck home, saying:
''These Deeds" he declared, "are re-
garded by all who are interested in the
Fair estate, myself included, as forgeries.
Britain objects to this argument, but
Mclnerny went on:
''It has been charged in the public press
for months that Mrs. Craven had in her
possession forged deeds. These deeds
were filed for record last Friday, contrary
to the practice In this City for the past
thirty years, so as to make II impossible
for any one TO see them and test their gem
uineness. We believe that they will be
proved to be forgeries.
LAS soon as we learned that the evil
dence regarding them would simply be
the page in the record we began these pro-
ceedings in order to place these deeds in
the custody of the court.
Mrs. Craven has refused to affirm or
deny she has marriage contract with
Senator Fair.
I'VE want to show that she is at the
head of a manufacturing bureau here for
producing Senator Fairs writings" he de-
clared.
Like a flash Mrs. Craven was on her
feet. Rising to her full height in her in
dignation and scorn she faced the attor-
ney and, pointing her finger at him,
shouted:
''I wont have it l wont stand itl"
While he was being quieted by Britain
and Choynski McEnerney calmly helped
himself to glass OF water, and remarked,
sotto voce: You'll have to stand it." He
concluded by saying: II state these facts
now to show that we should take the tes-
timony of this lady with the greatest dis
patch"
Britain attempted TO take McEnerney to
task, but had only uttered the words:
This unwarranted and unjustifable at
tack, when Judge Slack interrupted him,
saying he had heard enough.
Judge Slack then said: ''The question Is,
Should the court proceed without the
presence OF these attorneys? l am dis
posed to be reasonable, but shall not ex-
tend the matter any longer than to
Wednesday TO give counsel time to pre-
pt,+A Aafc I L