The San Francisco call., 1896-10-07

Oelrichs and Miss Fair be released from
the subpoena served upon them, and which
required them to be present at the trial
and to furnish certain papers. He said
they were then in court and could answer
that none OF the papers referred to were in
their custody. 1t was very necessary that
they go to New York at once.
"Cannot this be arranged ?" asked Judge
Slack of Mr.. Delmas.
Here are counsel, refusing to define
their position here, but who are attempt
ing to bring this case to trial when they
know that it would be next to impossible
for me to attend to it now. 1 ask your
Honor if under the circumstances should
be expected to make important conces-
sions to them ?'' said Delmas.
well, they have given their deposi
tions. they are here in court and they are
going away tomorrow give the counsel
fair notice." said Lloyd, hotly.
why the counsel should be so assidu-
Gus in giving me notice l cannot under
stand" said Delmas. coolly. "If his
clients have been advised to and are de-
termined to break the law that is matter
between them and the court. / have
nothing to do in the matter"
"Why cannot this be arranged ?" asked
Judge Slack.
'I will tell your Honor why" said Del
mas. 81 occupy most peculiar position
here. a few months ago when l entered
this case l found all the heirs-at-law stead
fastly supporting tho will of the oath. Z he
children OF James G.. Fair had represented
in the most solemn and forcible manner
their belief that it was genuine.
''Now l stand alone defending that docu-
ment. must carefully husband my re-
sources in sustaining my cause. l want
the twelve men who sit in the jury-box
there to see the witnesses, to hear them
tell why they changed their minds and to
be assisted in forming an opinion by the
manner is which the testimony is given.
A cold deposition does not convey this in
telligence. In the depositions already
taken many of the most important aues-
tions the witnesses have refused to an
swer, the papers have not been prod uced.
This is case involving the millions left
by Senator Fair. Surely his daughters in
such an important matter might by trying
hard be able to remain here few weeks.
I am sorry if it Inconvenience them.''
Wheeler said it was matter OF law and
that the subpoena could not properly hold
them. He offered to produce the deposit
tions that the court might rule upon
the em-whether the questions were mate
rial or not, or whether the witnesses
should be required to answer. Besides,
he said, they were residents of another
State, merely sojourning here, and could
not De helQ Wnen the uaGe OIL lawsuit for
which they had been summoned was post
poned by the parties issuing the subpoena
The court seemed to agree with this
position.
'But / have not asked for a continu-
ance." asserted Delmas. "I have said
from the beginning that I was ready to
try this case on twenty-four hours notice.
/ repeat that assertion. am here ready
to go ON now."
This spiked that gun. The others were
not ready to go on. However, the court,
in dismissing the matter, said that in the
general subpoena requiring the attendance
of witnesses at the opening of the trial,
November 8, the names of Mrs. Oelrichs
and Miss Fair would be omitted. "You
know your course" he said to Delmas.
81 do, your Honor" said Delmas, nod
ding, and officers stood ready, as thev
came out of the court, to serve upon the
ladies new subpenas that had been already
issued at tie instance of the far seeing
counsel to meet just this emergency. The
ladies will probably not leave to-day.
The date for completing the deposition
of Mrs. Craven before Judge Stack was
fixed for Saturday, the 18th. At the same
time the counter depositions of Lloyd,
Wilson, Dey and Others on behalf of DR..
Levin ston will be taken by the further
order of the court.