The San Francisco call., 1897-07-21

were more accurate than those placeo
upan paper. as there was no possibility
for any stretching or twisting. Negatives
and "opal prints Of the blank forms OF
the Crocker acknowledgment blanks al
legged to have been printed many months
alter the disputed deeds were acknowl-
edged were also produced by the expert.
Attorney DeImas took the expert in
hand for or. ss-examin alton and soon
found out thst he was going to have trou-
BILE with Mr.. Mitchell on account of the
latter's desire 10 interrupt and steer kytka
clear OF threatening rocks. He stood 1t
for a while and then turned upon the
over-Zeaious barrister.
81 do not require any assistance from
you, sir, in trying my case ;" he SAID,
sarcastcally. II have not mad 10 do so
yet, and do not propose to at this time.
prefer TO go ahead in my own way"
The court a lso thought that Mr.. Mitchell
should not exhibit so much efferyescence,
and after instructing him to be little
more quiet ordered the noon recess
The cross-eXamination OF kytka was re-
sumed bv Mr.. Delmas at the outset OF the
afternoon session. The expert was caused
to reidentify his negatives and opals. Ihe
latter had been daintily arranged IN
hard, wood frame, constructed especially
for exhibition purposes.
1t developed during the questioning that
one of the pictures had not been intro
duced in evidence. Attorney Mitchell
was so fearful that the court and jury
would become confused owing to this that
he asked that an artisan armed with ham
mer and chisel be produced, and instructed
to remove the stranger.
1.-THE court Is not at all confused, SAID
Judge Slack, with some show OF I'M
patience. I'VE are wasting time here.
But the Jurors do not understand, your
Honor" persisted Mitchell.
"Oh, think they do"
81 think il is the counsel himself who Is
confused" suggested Mr. Delmas.
''No, amt" replied Mitchell, who did
not relish the ripple OF laughter that
greeted his opponents sally. He finally
had his way, however, about having the
"opal" removed from its setting, Kytka
volun teeripg to do the mechanical work.
But when he essayed to make a speech to
the jury, in order to help them out OF
their confusion" he was ordered TO de-
siSt.
1.-The jury understands al that, sir" 3D.
monished Judge Slack.
Bet they don't" mum bled the crushed
attorney as he reluctantly took his seat.
Kvtka, in answer to Mr.. Delmas, said it
was so difficult a matter to locus" twice
alike with a camera that the feat was sell
dom accom- plished. Two engagements of
IDe same CDIeCG photographed "oulu oo
found under the microscope to be dissim-
liar.
You are still in the employ of She Fair
esUate?' asked Mr.. Delmas.
II am" replied kytka.
''StiH receiving a salary 2"
Mitchell objected vociferously, but the
court ruled that the probing of the expert
could go on.
II am" was Kytka's answer.
Il.
ri get $75 week"
Does that include your services as
witness in court as well as other services,
or are you paid extra for thatP'
~ don't know how to answer that"
"Well, l don't know who can answer it
for you," quietly retorted Mr.. Delmas.
Kytka finally admitted that he had
contract with the executors whereby be
was to be compensated for obeying orders.
Then that means that you are to be
paid for your services in court as well as
out of it?" asked Mr.. Deimas.
Yes, it's all the same, replied the wit
ness.
Mr.. Mitchell was afraid that Kytka's
admissions would leave q bad impression
upon the jury, so he produced the experts
contract with the executors and intro
duced it in evidence.
Mr.. DeImas picked up the document and
read it once for the benefit of the court
and Jury. The terms of it showed that
Kvtka was to receive $75 per week for SER
vices of every character required of him,
including those as witness in court. In
addition to this he is to get the photo
graphic microscoplcal and other scientific
instruments that the estate has purcna ased
for use in the trial; and he is to receive
such extra pay, after the trial, as the court
may allow him.
Daniel Keefe, one of the head printers
OF the h. S. Crocker Company, was now
called as an expert on the Typography.
He was shown the two disputed deeds, and
gave it as his opinion that both were
printed from the same type or form
He also identified a blank acknowledge
ment and proof OF the same as being
of the same issue.
Mr.. Mitchell wanted to tell the witness
that the "opals" were reproductions OF
the Acknowledgements and the blank, but
was headed off with an admonition from
the court that he would be permitted to
do nothing of the sort. In other words,
he could not coach his witness.
There was some sparring between Judge
benson of the defense and Mr.. Mitchell as
to whether or not Keefe could refresh his
memory from some memoranda he mad
prepared regarding his compar soDs of the
exhibits, and the court finally ruled that
these could be used.
Some more time was lost in an effort to
so arrange the engagements that the
jury could see them. No matter how these
were placed they could not be seen dis
tinctly, so it was finally decided to give
each juryman bromide" reproduction
of the Acknowledgements and blanks, so
that he could follow the expert printer
through his maze of promised techr ical-
tiles.
By and by everything was arranged
satisfactorily, and a veritable comedy was
inaugurated. Keefe. armed with wooden
pointer, stepped before the frame of opals
and proceeded:
You will notice, gentlemen"
Hold on there" interrupted Mr.. Del
mas. This is not an address nor lee
ture."
Just give your reasons. Mr.. Keefe. for
thinking that the Acknowledgements were
OF the same issue as the blank exhibited,
said Judge Slack.
Keefe started off TO do so, but he could
not get along without constant assistance
from Mr.. Mitchell, and this caused more
trouble.
Gradually, however, Keefe made 1t
known that he had found injured type"
wrong font periods" 'broken- faced
braces" ''pieced rules" misplaced final
dots" and numerous other defects in the
notarial blank, which, VIII le they did not
serve as monuments to the efficiency of
the Crocker Company in eyecutino works