The San Francisco call., 1897-06-12

Attorney Wheeler was persis tent about
that alleged agreement with Cullen, and
twisted the question into all sorts of
shapes in the hope of getting an answer
more TO his liking than that positive mo.
SIR but often as he did he was caromed
off by Mr.. Delmas objections. The latter
continually chided the counsel for the
heirs on their boast to prove conspiracy
and challenged them TO get TO work and
do il. This brought Mr.. Mitchell TO his
feet with the excuse that they could not
do everything at once If they were
given time and latitude, he said, they
might accomp plish Something.
TIE court ruled that questions framed
too generally would not be permitted. 1t
was not until Mr. Wheeler divided his
questions into chunks and asked separ-
atelv whether Judge Aiken, Mr. Bonner
or Mr.. Cullen were to get any money if
Mrs. Craven wins her suit that the court
would permit hlm TO get any answers. AS
regards Bonner and Cullen he got two
more NO sirs, and in reference to
Judge Altken she said Ihatif Mr.. Wheeler
meant a contract for subornaiion of per-
Jury she certainly signed no such thing.
But she dlI have a contract with Judge
Aitken % act as her counselor, and by
winch contract he was TO have received q
contingent fee.
M. Wheeler had at last unearthed
something, and he wanted to know all
about that contract.
On, We ii give you a chance to see it,
said Mr.. Dslmas, and with that he turned
and whispered something 10 pretty Mar
garet Craven. The young lady left the
courtroom and IN a few moments re-
turned smiling and handed Mr.. Delmas
piece o. paper, which lie in turn showed
10 Mr. Wheeler.
Mrs. craven was then asked If Martin
Kelly had anything o do with the contract,
and she replied III the NEGATIVE. Regard
ing Cullen, she said he had made writ
ten statement regarding what he knew OF
her claims, but not an affidavit.
Judge benson OF the defense's line OBJ
jected here to Mr.. Wheeier's methods,
claiming again that he was on a fishing
excursion. Judge SIack's reply was that
he woulI allow the questioning TO go
little further.
Mrs. Craven said she had given Cullen's
statement to some one OF her attorneys,
she thought but could not remember Just
which one.
Mr. Wheeler insisted upon ascertaining
who had It.
Il have the paper, if you want to
know, ," said Mr.. Delmas.
We'll, will you be kind enough 10
produce it in court?' asked Wneeler.
Il will Ger ainly not do anything of the
kind"
We appeal to the court, then"
go ahead"
Mr.. McEenerny made a speech He said
that they had charged conspiracy and if
1t could be shown that the statement was
intended to be used IN the alleged con-
spiracy 1t should be brought into court.
Mr.. Delmas smiled and said that as soon
as Mr. Wheeler or Mr.. McEnerney would
prove just little bit OF what they were
promising the Cullen statement would
without hesitation be produced.
Wheeler wanted the document right
away, but the court agreed with Mr.. Del
mas IN the latter's position and offer.
The batting of Mrs. Craven was re-
sumed.
What Mr.. Wheeler wanted to know now
was whether or not Martin Kelly, the
politician, was the man who brought
Juugc Aiken to her. Her reply was that
this was not the case. Her recollection
was that she telephoned for the Judge and
Kelly called at the house while he was
there. Sne did not remem Der whether
they all talked together. She was quito
i'll at the time. Margaret Craven, her
daughter. was present in the sickroom
while The witness talked with judge
Aiken.
What conversation aid you have with
Judge Ai,ken?'
II asked him if he remem bered e oc-
caslon of my showing hIm certain papers,
and he said he did. He could not fix the
exact week, but came close enough. He
connected the time by the fact that he
was thinking OF moving when this hap
pened.
What else happened7'
"Oh, could not remembe all the con-
versation."
NJ. Delmas here declared that he
thought the attorneys had gone far
enough in prying into the defense's case,
The contract had been prod he said,
and that ought TO be enough for them.
But the court was still obdurate.
Tne disputed deeds were shown to Mrs
Craven a the opening of the afternoon
session for the purpose of refreshing her
memory as to the date they were re-
corded. The dat was June 10, 1896 Mrs.
Craven said that if the document was cor
rectly dated she made her contract with
Judge Aitken prior to the recording. She
did not know whether the date on the
deeds was correct or not.
AT this point Mr.. Delmas took the floor
again and once more asked that the tish-
ing excursion be terminated. He reminded
Judge Slack OF his warning promise that
he would not let the plaintiffs Dry into the
defense's case, and said he considered it
high time that that promise was fulfilled.
The other side had brought out the fact
that there was contract and il had been
produced and introduced in evidence 1t
spoke for itself WHAT more could they
want2
. Elc COuLG IuLSu Ludb IL WOuiQ permit
this particular line of examination TO con-
tinue little further, but again said it
would stop it when it thought 1t had pro-
gresSed far enough.
wv hen the contract was returned to you
was 1t accompanied by any other papers
or documents?" asked Mr.. Wheeler.
Yes; there was note" was the reply
of Mrs. Craven.
Where is that note ?"
81 couldn't say positively. l suppose it
is at home"
Can you produce it here in courtf"
''If can find it,"
And will your"
Certainly"
Nheeler's next move was a request for
light on what was meant by the clause IN
the Alten contract, which said that he
was TO act as her counselor in connection
with certain proceedings then pending
before the Superior Court, He wanted 10
know what those proceedings were
Mrs. Craven said he could explain that
all right enough. Messrs. Wheeler & Lloyd
and others, she said, were very anxious at
the time TO purchase her Deeds from ner
for $500 600 aud to have the "penciP' will
prObBted. They even drew up a contract
with her to that effect. But after Judge
Slack ruls that the trust" clause in Fairs
first will was invalid they regretted their
contract and repudiated il. 1t was the pro-
ceeding REGARDING those wills, which Incl
dentally affected her deeds, that was re-
ferred TO in the contract
Mr.. Wheeler essayed particularly 10 pre-
vent Mrs. Craven from giving this away.
b,t ha a5 in baviyc bar