The San Francisco call., 1896-06-27

she says, tell the truth, the whole truth,
and nothing but the truth
The deeds were photographed at the in.
stance of Mr.. Delmas yesterday and the
opposing counsel will be furnished with
copy of them.
Speaking OF the marriage contract yes
terday, Charles J. Heggerty of the counsel
for Charles D. Fair said: sit is not worth
the paper it is written on. The first neces-
sary element to make such a contract
valid is publicity. The point was empha-
sized by the Supreme Court in the Sharon
case. 1t was laid down as principle that
mere intention was not sufficient. The
abode of one must be the abode of the
other; they must have been known pub
licly as man and wife. The secrecy
that Mrs. Craven-Fair declares was OBJ
served in their case-insisted upon, she
says, by Senator Fair-nullifies the con-
tract in the eyes of the law"
1t was 1885 o'clock five minutes past the
hour set, when Judge Slack last night
asked if counsel were ready to proceed IN
the CravenFair will case.
Attorney Collins arose and addressed
the court, begging his Honor's indulgence
for Mr.. Knight, who, he said, would be
present in few moments.
On the bench with Judge Slack sat
Judge Bridgeford of Colusa.
At 7:40 o'clock Knight, with an apology
on his lips as he advanced, took his seat
He was sorry, he said, to have kept the
court waiting, and was duly excused.
Mrs. Craven Fair was called to take
the stand, but she was absent. The court
asked if some other witnesses could not
he put on, but Knight objected, saying ne
had reasons for wishing to go on with the
testimony of Mrs. Fair at this time. An
other wait, marked with impatience on
the face of counsel and spectators alike,
ensued.
After allowing another ten minutes to
go by, Judge Slack again suggested that
some other witness be examined, but
knight declared he would rather take an
adjournment than break the continuity OF
Mrs. Craven-Fair's s testimony.
On the Judge rerlarking that there was
possibly some misunderstanding on the
part of the absent witness, w. w. Foote
stated that he had just come over from
Oakland, and had not seen Mrs. Craven
Fair yesterday, but that the understand
ing at adjournment on Thursday night
was that the witness should be in court at
1880 o'clock last night.
AT this juncture Mrs. Craven Fair. ac-
companied by her daughter and Mrs.
Haskins, entered. A paper was handed
Mr.. Foote, and he stated to the court that
it was doctors certificate, to the effect
that Mrs. Fair was suffering from an all
ment which would endanger her life If she
were compelled to undergo the strain OF
being subjected to an examination.
Judge Slack then asked If the documents
asked for had been brought into court, and
Mr.. Foote informed the court that they
were not in the City, but had been sent for
and would be here and be produced in
court in due time.
Here D. n. Delma Iarose and declared,
"There is no court here"
But his challenge to the Judge who pre-
sided over the court was allowed to go by
unnoticed.
A demand for the deeds filed last week
by Mrs Fairs attorney was made by the
court, but while the opposing counsel
were permitted to inspect them for about
ten minutes Delmas and Foote objected to
their being placed in evidence and in GUS
todv of the court. Photographic copies of
them, however, were promised Tor the
next sitting of the court.
Judge Slack suggested that when an ad-
iournment was taken the case go over until
the latter part of next week, so as to per-
nit of day sessions being held. There was
a consultation among the counsel aud IL
was mutually agreed to postpone further
hearing until Thursday next at IL A. NJ,
with the understanding that if Mr.. Delmas
was unable to be present owing to other
engagements, the matter should go over
until the following day.
knight created renewed interest IN the
hitherto dull proceedings by suddenly ad-
dressing Mrs. Fair. He said: Last night
we asked for the cipher-book. / will ask
Mrs. Fair if she has it now"
This referred to the key to the cipher
telegrams which passed between Mrs. Fair
and her representatives here during her
Journey to and from New York to bring
| here the will which was in the East
Mrs. FAIR promptly replied: Il have
| the same one."
II would ask that it be produced"
1t was handed him and he said he would
put it IN the custody of the court.
Foote objected to allow the book to 60
out of the possession of his client, and
knight, as a counter move, called Stephen
Roberts to the stand.
His first question was, do you reside in
! San FranciscoP
"Yes, sir" responded the witness.
''What book is that?" (Referring to
the icpher book handed him by Mrs.
| Fair).
at is cipher book"
Telegraph cipher?"
Telegraph cipher"
by whom was it usedp"
Used between Mrs. Craven and myself"
"For how long period of timer"
perhaps eight or nine years"
"When did you first begin to use it"
81 think about eight years ago"
! "And you have used it how long?"
"We used it for a month or two, and
then not for two or three years"
Ibid Mrs. Fair ever use that cipher2"
ayes, sir"