The San Francisco call., 1896-08-25
OELMAS HAS TENS
THE FAIR CASE,
DenounceS PrOcraStinatiOn
and Urges an Early
Trial.
WHEELER'S POINTS BAD.
He Demurs on Common Law
Grounds Now Obsolete in
Pleading.
MRS. CRAVEN TO TESTIFY SOON
After a Hearing on Technical Points
the Case Is Continued Until
Friday.
MRS. CRAVEN TO TESTIFY SOON

The many attorneys in the famous Fair
will contest had another inning before
Judge Slack yesterday. Messrs. Charles
Wheeler, Russell Wilson and Reuben a..
Lloyd vigorously assaulted the position
taken by ex-Judge Van R. Paterson,
Judge Slack took the entire matter under
advisement and Attorney Delmas made a
stirring speech on the evils of procrasti-
nation, after which the case was continued
until 10 A. NJ. Friday.
The principal matter for hearing was
Attorney Wheeler's demurrer to the
fourth amended opposition of ex-Judge
Paterson, but before 1t was taken up the
taking of Mrs. Craven's deposition was
continued until next Monday.
Before the arguments on demurrer took
place the semi-annual account of the ad-
ministrators of the estate was filed, agreed
upon and allowed. 1t showed cash or
hand, $3S2, 28S As; receipts, $3.50, Ito 3D.;
disburse ements, $274, ,OO4 So, and a debit bal
ance of $4894 80 for the period. Cash on
hand on December 81 was 1886, ,9S3 70.
The proceedings proper began when ex-
Judge Paterson moved to strike out all OF
the principal parts of Attorney Wheeler's s
demurrer OH the ground that they en-
things that could be offered on demurrer.
His speech on this was very brief, consist
ing chiefly of a bare statement OF his posi-
ton.
Attorney Wheeler went into an elabor-
ate argument to show that the trust will,
under which the minor heirs are inter-
ested, ought TO have been set forth in full; !;
that the common law demurrer has not
been narrowed by the code so as to ex-
clude it's scope in behalf of lltigants de-
string TO save expense and bring issues to
focus He held that there is no section
of the code that maintains the position
taken by Attorney Paterson. He cited a
number of New York decisions and some
old California interpretations to uphold
his view. When he had finished Judge
Slack forbade further argument and made
an Impromptu decision dissenting from
the views of Attorney Wheeler and hold
ing that the common law views OF plead
ing no longer hold good.
The main points of the demurrer, asking
that the opposition be made more specific,
were then argued and taken under ad-
| visement.
Attorney Delmas then arose and made
| a brief speech in depreciation of the in
excusable delay that has characterized the
| case, stating that the procrastlnatlon OF
eighteen months past has been shame.
'sThe issues are joined" he said, 'and
why do not you gentlemen abolish the
| senseless refinements OF pleading, and
meet on some broad ana equitable ground
Our rights ought not to be eternaily post
poned by the conduct of ostensible friends.
81 shall be ready within twenty -tour
hours to meet any proposition that arises,
and l plead for expedition in this case.
want the case of Angus against Craven to
be tried, and affirm that every attorney
here ought to abandon these refinements
| of pleading and get to work. Since you
have all admitted the genuineness of the
will offered, why do you not meet the
whole world manfully and boldly on the
proposition9''
Judge Slack and all the attorneys COM
mended the spirit of the speech and said
they would do all they could to carry il
out, after which the matter went over un.
| fill Tuesday