The San Francisco call., 1897-03-16
S Arragns the Fair People on Their Efforts to Postp

tribunal which has been constituted and
recognized for hundreds of years as the
bulwark and protection of the weak against
the strong.
''The other side do not want that. At
the last hour they come to the conclusion
that jury is not the proper tribunal 10
try this case. But, if your Honor please,
We make the proposition TO them now,
here, TO any and all of you we say, we will
submit to a jury in that box the single
question whether those deeds are genuine
or not. IL matters not whether the issue
arises upon legal pleadings or upon equit-
able pleadings, by cross-com plant or by
equitable defense. we will agree with you
to submit to-day that single question to
Jury of twelve men in that box, and II
their verdict is against us you may have
your property, and il will main for the
parties who nave participated in this fraud
to be dealt with according 10 their deserts.
II do not care whether there is petit
tion in intervention in equity or whether
it is at law; whether IL is an action OF
eiectment or whether 1t is an action to
cancel deeds. l care not; all that we say
is in some shape give US trial; give us
trial now. And all that we wish TO try,
in any shape that you desire to put II, all
that we desire to submit to the Jury In any
form that will suit you, is the single ques-
tion, Are these deeds genuine or forged
II your Honor please, | appeal to your
Honor, and it will save an immense
amount of areuing and trouble in this
matter. Your Honor has it in your power,
even if this should be concede ed 10 be an
equitable defense, or otherwise. your
Honor has il in your power to submit that
question to jury. We waive all for
malities Tell US that question shall be
submitted and We are. ready to go on in
any way, shape or form. If these plead
fyiu iua he ha Il " ta0 "a nf
and closing in the proof and in the argu-
ment let them have it.
1--WE are willing to give them every adj
vantage that they can demand of US ex-
cept two-don't wear us out by delay and
don't deprive US OF the right to justify our
selves before the tribunal which the con.
stitution and the laws have given us in
that respect; and furthermore, don't pro-
tract this case, if your Honor please, until
further special legislation shall be OBJ
tanned in the halls at Sacramento in bills
to pe signed by the associate counsel in
this case, the Governor of this State, TO
hams string US as has been done last week
and is coIItemp plated to be done further."
The Fair side did not like the fire appar-
entity, for Garret McEnerney, the repre-
sentativa of Attorney Goodfellow, wanted
information about TINS matter or special
legislation.
''I will tell you to iwhat l REFER said
Delmas in reply. Il. is TO the bill .ap-
proved March a. 1897, to amend section
1907 of the Civil Code referring 10 transfer
of that properly and fixing the time that
defective certificates of Acknowledgment
sh III becom valid
McEnerney-How does that refer to this
case?
Delmas-It changes the law OF this
State, sir. as it has been on the statute
book for over thirty years. And by say
ing that no certified copy of a record shall
be admissible in evidence until the genu-
ineness of the instrument recorded shall
Fl ret have beeu proVeti-a provision which