The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1897-08-04
Counsel for the Fair Heirs
at Last Proclaim Their
Case Closed.
Even Then They Vainly Sought
to Reserve the Privilege
of Reopening.
The Defense's Opening Address to the
Jury Will Be Made This Morn
ing by Judge benson.

ClAppeO LIS hohNos
1t was nearing the usual hour for adj
iournment in the afternoon of yesterdays
session of the Fair Craven trial when At
torney Mitchell, one of the host OF talent
for the heirs, arose, and with an attempt
at being dramatic announced that the
case for the plaintiffs in the great suit
was closed.
But even so, the gentlemen who have
held the stage these past four months
were reluctant about letting go, and, as
had been the case with many previous
announcement coming from their side,
this one had string to it. Mr.. Mitchell
added to his decree that while their side
was closed still it wasn't, for the examina-
ton of Reuben H. Lloyd had been inter-
rupted by that gentleman's illness, and 1t
was the desire of the counsel for the
heirs to reopen their budget as soon as
Mr.. Lloyd was in condition to reappear
in court.
Mr.. Delmas, as the leader of the de-
fense's line, quietly remarked that it was
obvious that Mr.. Mitchell did not mean
what he said when he announced the close
of his case.
I'VE will object to opening our case
until the plaintiffs have closed" Mr.. Del
mas added.
Attorneys Mitchell, Wheeler and Nc
Enernev INDUCED in q conference and
then proclaimed once more that their case
was closed-but once more with that
string to it. And, naturally, Mr.. Delmas
reiterated his determination not to open
until the other side had quit ION the
square"
Judge Slack grew impatient and said
that something definite would have to be
agreed to or he would treat the matter
arbitrarily. Either the plaintiffs had
closed or they had not. He wanted to
know just what they meant
Wheeler took the floor and beseeched
the court for the privilege of recalling Mr..
Lloyd at such time as he might be physic-
ally able to attend court.
= Attorney Delmas sought to help his OPP
ponent out of his dilemma py proposing
that the~questions it was intended to ask
Mr.. Lloyd be propounded now, just as if
the gentleman were on the witness-stand,
and maybe the defense would admit that
he would have answered in the manner
desired by the counsel for the heirs. But
Mr.. Wheeler said he could not take ad-
vantage OF this offer, because he did not
to ask the absent witness.
The court again interrupted to say that
some way out of the difficulty would have
to be devised, and that quickly. This had
the effect OF bringing the heads of the
plaintiffs counsel together again in con-
ference, and when they got through whis-
pering they announced their surrender.
They would close for good. 1t was subse-
quently agreed, however, that the gentle
men could prepare a set of questions
directed to Mr.. Lloyd, and submit them
in court at this mornings session.
AS it was rather too late in the day now
to proceed Immediately with the opening
of the defense, the court directed that
that I'm portant event be also reserved fo-
to-days ecord.
The defense's opening address to the
jury will not be delivered by Mr.. Delmas,
as seems to have been the general impress
sion. Judge benson, one of the ablest OF
Mr.. Delmas associates, will be the speaker.
The attorneys for Mrs. Craven say they
will put in their evidence rapidly and will
not consume a tenth part of the time
taken up by their opponents
Aside from ths welcome declaration of
MIR. Mitchell and his associates there was
little of interest in Yesterdays proceed
ings. The greater part of the session was
given over to proving the value and the
income of the property in dispute, and
also to an effort to show that Mrs. Craven
did not attempt 10 collect the rents de-
spite the fact that she held deeds to the
property. This was testified to in part by
Charles Stewart, bookkeeper for the Fair
estate, who has been collecting the rents.
Mr.. Mitchell offered In evidence at the
afternoon session a copy of Senator Fairs
assignment of $4,000 worth of Northern
Railroad stock, the proceeds of which, &C.
cording to the terms of the assignment
itself, were TO be devoted to probating his
"last will and testament"
Mr.. DeImas objected to the introduction
OF the document, on the ground that it
affected no issue involved in the suit
The court let it in, however. and then Ed
ward Owens, another Fair estate attache
was called to the stand and asked if he
bad not heard the contents of the paper
read in Judge Slack's court on March 16
1896.
The object OF this was to show that the
content is of the document were VIGOROUSLY
public and therefore must have been
known by Mrs. Craven.
An argument followed as to whether
or not Owens should answer. Mr.. Delmas
contended that Mrs. Craven could not be
bound by what took place in court year
ago In connection with proceeding in
which she was not party. Mr.. McEner-
ney, for the other side, claimed that they
had right to presume that the lady
knew all about the contents of the docu-
ment, because of its having been pub
lished in all of the morning newspapers
and being matter OF general notoriety.
The court finally ruled that Owens
could answer, and his response was that
he did hear the document read.
Under cross-examination by MIR. Delmas
Owens said he was not sure whether he
remained in court throughout the pro-
ceedings of March It, 1896. He remem-
bered seeing some of the heirs LAWYERS in
court on that occasion, but he could not
name them now. The only ones he was
sure he saw were Messrs. Shortridge and
Lloyd. His memory was very shaky in
regard TO the general events of that day
but was vivid enough about the reading of
the assignment
% Owens was permitted to leave the stand
and Bookkeeper Stewart was recalled fer
cross-examination. Before this proceed
ing got under way, however, Attorney
Wheeler made demand upon the de-
tense FOR the production in court of a
certain writing" by Senator Fair testi-
fed to by Mrs. Craven in her deposition
as being in her possession. The court did
not help the counsel out though the rul-
ing being that he would have to put a
witness on the stand and prove the exist
ence of such paper before he could call
for it.
Wheeler bowed and said he would make
rho call lafar