The San Francisco call., 1897-04-22

true, who have been chosen to pass upon
the validity of Mrs. Nettie Craven's deeds
TO two OF the most valuable pieces Of
property claimed by the executors for the
late Senator Fair as being part5of his
estate. These are the wise men who are
to determine what is conceded to be one
of the most important issues that have
arisen since the death of the multi
millionaire miner.
The jury was completed at yesterday
afternoons session in Judge Slack
court, and the proceeding was witnessed
by an immense throng drawn from the
public at large by the magnetic interest
that has been manifested ever since it
came to light that Senator Fair did not
leave all of his vast possessions to his i'm
mediate relatives.
The taking of evidence will begin this
morning. the initial effort being, of
course, that of the executors to show tn at
Mrs. Craven's deeds to the property at the
corner OF Sansome and Pine streets and
that at the corner of Mission and Twelfth
streets are not genuine. Expert testi-
mony on handwriting will naturally
figure largely on both sides of the case.
The morning session Yesterday was
short 1t was rendered SO by the counsel
for the plaintiffs, who asked for time to
study over the list of jurors preparatory
to applying their last peremp ptory chal-
lenge. James w. Patterson Jr., who was
sworn in Tuesday afternoon just before
adjournment, was examined by the at
torneys on both sides as soon as court
convened yesterday, and mis- responses
showed that he was thoroughly qualified
to act as juror. He was not on familiar
terms with any OF the lawyers, litigants or
witnesses in the case, and no ill feeling,
or, Tor that matter, no particular affection
either for any of them. He had not been
reading much about the case, and had had
no opportunity to form any opinions
Mr.. Patterson seemed to satisfy the at
torneys and was passed.
The box was now filled and, if no per-
emptory challenges issued from either
side, the jury was complete. But the
challenge privilege was going to be exer-
cised-that was soon made apparent. The
difficulty was, though, that each side had
but one challenge left and both wanted to
proceed with extreme caution. 1t was
the plaintiffs turn to show their hand.
The attorneys for that side conferred in
undertones and their faces wore serious
expressions. Finally Mr.. Pierson arose
and, addressing the court, asked that q
recess be taken until after the noon hour
in order that he and his assistants might
further confer and determine whether or
other peremptory challenge.
Judge Slack assented and 80 o'clock
was fixed as the hour for resuming the
case.
There was story afloat during this re-
cess to the effect that suspicion had been
fastened upon one of the jurors, but the
counsel on both sides denied this emphat-
ically.
When court reconvened for the after
noon session Mr.. Pierson announced that
after lengthy con Dference the attorneys
representing the various issues united on
the plaintiffs side had decided to permit
the jury to stand as it was-that is. they
preferred to hold their last challenge.
Judge Slack then turned inquiringly to
the attorneys for the defense
1--WE will excuss M. ]. Harrigan," said
Mr.. Foote, who readily understood what
was wanted of him.
This left another vacancy in the box
and Alfred Bears name came out of Clerk
Caseys miniature Ferris wheel. Mr.. Bear
quickly demonstrated, however, that he
would not do for the Jury. Mr.. Foote
extracted the information from the tales
man that he had read good deal about
the Fair case and had in consequence
formed very strong opinion: He did
not believe he could cast aside that opin-
ion and try the case impartially, so he was
challenged and excused.
Barrow Mlsh, a retired milliner, was
then called into the box and sworn. In
response to Mr.. Persons questions Mr.
Mish said he had saIuting acquaintance
with number of the lawyers engaged in
the case, but was not on intimate terms
with any of them. He did not know any
OF the litigants and was not acquainted
with Senator Fair In his ifetime.
To Mir. Foote the talesman said he had
read considerable about the case, but had
formed no opinion. He was quite posi-
tive about this.
Have you any prejudice against either
side represented here, or any one engaged
in the trial of this case?" asked Mr.. Foote
eyeing the talesman sharply.
II have not"
"Sure about that?'
"Quite sure"
Mr.. Foote then asked Mr.. Mish if he
was not brother of David Mish, who was
killed by DR.. Mcdonald some years ago,
and the reply was in the affirmative.
Don't you remem ber that defended
DE-. Mcdonald 2' asked the lawyer.
No. had forgotten it,'' was the an
swer.
You entertain rather virulent feeling
toward DIR. Mcdonald, do you not ?''
Naturally do"
"Well. now, Mr.. Mish, would the fact
that defended Dr. Mcdonald and secured
his acquital have a tendency to prejudice
you against the side / represent here in
this case2'