The San Francisco call., 1896-06-16

/ donate, and they were anxious to know
! Just how it is IN Spanish. At last Judge
| Sanderson's patience became exhausted.
| He said the Interpretation of that word
was a question of law. He understood it
and would listen to no more argument on
the matter.
! Another skirmish occurred when the
next witness was called. Koscialowski
explained that the witness, Mrs. Miguel
Noe, could not speak English, and he Of
fered TO put John Irwin on as interpreter.
Then the defendants objected vigorously.
They didn't know IRWIN, and for 8
language that had such fine distinctions,
as shown by Hopper between grant and
donate" he thought there should be an
interpreter known to be impartial. Judge
Sanderson, who expressed a desire to
facilitate matters, suggested that Irwin
be examined. Chadburne consented and
Irwin was sworn. He said he had known
Vincent Noe ever since he was born, and
felt very friendly toward the family. He,
however, denied any interest in the case,
and over an objection by Van Duser he
was allowed to proceed.
/ Mrs. Miguel Noe, or Gallerma Viscarra
de Noe as she called herself, testified that
her husband was the son of Jose Jesus and
Guadalupe di Noe. She said he was now
in Mexico. Van Duser asked if he was not
now a fugitive from justice, but the queS-
ton was overruled. The witness was then
called upon to identity record of deaths
in a family Bible which she said had be-
longed to her husband. Chadburne de-
manded to see the book, and after consul
tation with Van Duser objected that the
entries referred to as deaths were in reality
entries of births. The interpreter ex
planned that though under the printed
word births they were nevertheless all en-
tries of deaths.
Koscialowski stated that the object of
the record was to prove the death of Jose
Jesus Noe, in 1862 and Guadalupe Noe in
April 1S4S. The defendants attorneys,
Van Duser excepted, offered to concede
this. Van Duser stated he would concede
nothing. "Let it be entered, ruled his
II onor, THAT all consent except Mr.. Van
Duser who is overruled."
The witness then proceeded to explain
the relationship of the four plaintiffs in
this case to the deceased Guadalupe Noe,
through whom they claim Miguel, her
Catilina SpivoIa, Vlncento Zoe and Cata-
lima Noe are grandchildren. The last
three were each put upon the stand to tes-
tify to the same facts. Rev. Father Prem
dergast and Rev. Father Gleason were
called upon to still further complete the
identification. Certificates of baptism
were introduced to the same end.
Against objections by Judge McKinstry
and G. w. Lane the plaintiff was allowed
to introduce a patent of the United States
confirming the title of Jose Jesus Noe to
the land in controversy. The objection
was based on the ground of irrelevancy, as
all parties concerned claim under Noes
title, and hence it Is not disputed.
Attorneys Kocialowski and Spivalo then
declared their case closed. Confusion
reigned for few minutes as each of the
defendants attorneys struggled to be
heard. They had evidently not expected
such a termination of the plaintiffs case
and they were Disconnected. Attorney
Chadbourne insisted that the plaintiff
should be compelled to prove the actual
title under which they claimed. The deed
of the property made by Noe should, he
declared, have been put in evidence.
Judge Sanderson said he had no knowl-
edge of any deed and could not compel
the plaintiff to put on anything of detri-
ment to his case. Van Duser declared there
were material variances between the ale
cations and the proof. Lane said there
had been but one thing proved, and that
was the patent from the United States
confirming the grant of Pho Pico to Noe,
which no one denied. Judge McKinstry
was of the opinion that no case had been
made out, and Judge Freeman echoed this
opinion.
Without passing upon the various sug-
gestions, for they were hardly more, Judge |
Sanderson said the case would go over un-
til to-day at 10 A. NJ. Then Koscialowski |
that there was string attached
to his closing. If the remainder of his |
case was to be considered as question of |
law he was through, if it was question of |
fact he wanted more time. His Honor |
said he did not see exactly what the attor-
ney meant, but he would suggest that he
get in all his facts and let the law take |
care of itself. Koscialowski then said he
would like an hour and half more The |
case then went over until this morning. |
The plaintiff s attorneys expect to disclose
their case in answer to motion for a non.
suit which they expect. Mr.. Kocialowski |
says he will then have some surprises. At |
present the attorneys for the defendant /
feel that the suit is already won.