The San Francisco call., 1896-06-26

The court asked for and read the affi-
dayit upon which the subpoena was based
and allowed the question.
The witness answered: "On the 22d day
of September, 1892"
ION that day you were married to James
G. Fair?" repeated Knight.
Foote objected, but the objection was
overruled.
eyes" said the witness.
"Where?"
1928 Sutter street."
"Who performed the ceremony"
SIT was contract between ourselves"
"Who wrote the contract?"
ut was written by myself and subscribed
to by both of US"
"Who witnessed it P''
"No one."
"Af;er the contract was written and
signed did you then live with MI. Fair as
his wife?"
Objected to by Mr.. Foote.
1--WE wish to show the relationship be-
tween these people. and these questions
are all directed to that end" said Mr..
Heggarty. I'VE submit that they are
proper preliminary questions"
This lady is a witness of their own,"
said Foote. They have no right to tiy to
impeach her. She is ready to produce all
the papers asked for in the subpoena. Any
thing further is extraneous and improper.
They have no right to bring these wit
nesses here for the purpose OF fishing ex-
cursion.",
Here is the wife of James G. Fair"
said Knight in reply. "She is the Gus
todian of the will of Senator Fair. Who
better than the wife has right to such
custody? We cannot Jump at this thing
in a minute. We have asked nothing that
any one should blush at. There is no
man in this room who would hesitate to
say when he was married, by whom,
where, how many children were born as a
result of the union, and all that. We
maintain that these are proper questions"
Mr.. Foote still objected. This is not
question of what relation this lady bore to
Fair; whether she was his wife or not.
There are four witnesses who have knowl-
edge of facts which are material in the
matter before this court" said Mr.. Foote,
"but none others. 1t looks as if we were
enacting farce here, and you, Mr..
Knight, are the chief comedian. The
whole aim of Mr.. Knights questioning
seems to be to go into the matter as to
whether this lady was Mr.. Fairs wife.
Not a question has been asked but that is
directed at that point. Mrs. Craven has
in her possession certain documents which
we shall produce. And these docu
ments which the opposing counsel
are now trying to prove false are the
same papers that the gentlemen pro-
nouneed genuine when submitted TO them
some months ago. We shall produce all
the papers in possession of the plaintiff,
but no Others"
The court overruled the objection, and
Knights question, did you then live
with Mr. Fair as his wife," was repeated.
The witness. in low voice that called
for a repetition, answered yes"
"Where?" asked Knight.
"Where should husband and wife live
together?" interrupted Foote.
The witness said she did not under
stand.
"You understand the relationship that
husband and wife hold to each other, do
you not?' asked knight.
ayes, do, answered the witness.
"Where were you living?"
"At my home, at 1923 Sutter street."
ibid they know at the house-the others
who lived there-that you were married ?"
az do not know"
when did James G. Fair die?"
December %, 1884,
"Were you at his bedside?"
81 was not"
ibid you know that he was sick?''
Yes"
"Why were you not present at the bed
side of the man you claimed as husband?"
After some hesitation the witness said:
For reasons that L cannot readily ex-
plain. l did not wish to be present."
did you live with him as his wife up to
the time OF his death?';
The witness said she did not understand
what was meant exactly by the question.
Knight said he did not know how he
could make it palmer. "Now," he said,
''did you ever live any where on Gods
green earth with James g. Fair, publicly
as his wife2"
The court interfered and refused to
allow the question, because of its wording.
SIT is profane," said his Honor.
81 thought if / allowed him to go he
would reach the limit himself" said
Foote.
Knight remodeled the question, still
using the word publicly.
81 don't know what you mean by the
word publicly" said the witness. I'VE
certainly didn't live out on the street"
"Can you name any one person that you
ever told about this marriage?"
Upon Foote'S objection the court said:
This seems to have drifted into an in
quiry as to the marriage of Mrs. Fair. The
court used the words MRS. Fair"
eve are not conducting an examination
of the relations between this lady and
Senator Fair, 4" said Foote. ut is all very
well for Mr.. knight to talk of the sacred
ness of the marriage relation. but that is
not the question before the court. There
are four witnesses who can testify in re-
gard to the instruments under question
before this court, and only four. l submit
that Mr.. Knights questions are not pro-
pounded In good faith, and that all the
facts he is attempting to bring out are
irrelevant"
Judge Slack, however. thought that in
asmuch as she was the purported Gus
todian of the Fair will Mr.. Knights ques-
tions were pertinent.