The San Francisco call., 1897-06-17

| viii, which is ad Omitted to be in Mr.. Davis
handwriting. Mr.. Campbell handed il to
the witness and asked him if he tn fought
the first "a" in it was a characteristic
| Davis "a" according to his previous de-
| scription.
As Mr.. Maxwell was advancing from
the witness-stand to his microscope. that
rested on the table in front of him, Mr..
Campbell said:
Oh, do you have to Put it under your tigger
| TO tell that2
The witness-I will do so.
Mr.. knight to Mr.. Campbell-Do you call
| that jigger7 [Laughter.l
Mr.. Campbell-Yes. [Renewed laughter:l
Mr.. knight-EvIdently science hasn't done
much for you. More laughterl
Mr.. Campbell-You see | haven't been in the
| Fair case. additional laughter; even Judge
Cofey smiled.l
The wituess was at last permitted to
re ply, and said that he could not give an
answer off hand, as Mr.. Campbell seemed
to expect; that he must have time for in
! spectlon; that it wasn't fair to justice.
What justice?' demanded Mr.. Camp
| bell.
Mr.. Maxwell explained that he meant
! the justice in the case. In response TO Mr..
Campbel's inquiry as to whether he was
partisan in this case, he replied that he
considered himself in some sense az asso-
cIate or assistant counsel in the case;
| that the attorneys were not as well in
| formed in regard to writing as he is, and
that he deemed it his duty to object when
the questions were put in snch form that
they would jeopardize mis- theories of the
case.
Mr.. Maxwell made another startling
statement to the effect that he was not
certain whether the Will now on file is the
original document that was shown him
the first time he was called on to make an
examination of the paper. He had GER
raj
now shown him resent bled the one he saw
first when he examined it at the request
OF Alexander Boyd and Attorney Mastick,
On the second examination the paper was
handed to him by Deputy Clerk Johnson.
In looking it over he noticed that two
blue or purple acid marks that were Wis
ible at the first examination had disap-
peared.
Mr.. Campbell (handing witness the
Davis will lis this the paper you saw the
hrst time you were called on to ex-
anime it?
Mr.. Maxwell (advanoi ng to his micro
scope)-I will see if
MIR. Campbell (mOckingly)-Oh, do you
have to put 1t under your instrument
again?
Mr.. Knight ubmit that this remark
is not fair TO the witness
Mr. Campbell with rising inhection)-
Not fairl Not fairI Isn't it fair when the
or myself or some one in the County
Clerks office has been guilty of theft2
That some one has stolen the will and put
this paper in its place? Is il fair for him
to insinuate that? And shall l not ex-
anime him on that point?
The court-Let the question be answered.
Mr.. MAXWELL wish TO use the glass in
order TO be sure. l saw two purple or
blue spots on the instrument when 1 first
" m pa1 af
They might have been made by ink OF
acid. There are acids that would re-
move them.
Mr.. Campbell-Did you ever tell me or
my associates about those acid marks
be fore?
The witness-No, sir.
Mr.. Campbell (warming up)-Did you
ever tell any man, woman or child on
earth about those marks until this
moment?
The witness-Yes, sir.
Mr.. mpbell-Well, whom did you
| tell?
The witness - My mother and nv
brother.
Mr.. Knight-This severity is unseemlv
and may be assigned as misconduct; this
| adverse examination of your witness is
Mr.. Campbell lin disgusO-Our witness
nah.
Mr.. knight Tin evident gIee)-WelI. he
! Mr. Campbell (tauntingly)-And you
! had Kytka until all at once you found
that you didn't need him.
Mr. knight (contentedly)-Mr. Kytka
is not here.
In that way little by little, the jury was
enlightened with regard to the game that
! Is going on behind the legal scenes and
| concerning which they are permitted to
| know only part.
! Mr.. Maxwell was allowed to explain
| how he had reached the conclusion that
| the will offered as the last testament OF
| Jacob Il. Davis was in fact written by
Alexander BOYD. He said that for two or
| three weeks he had been examining the
writings OF Mr.. Boyd for the purpose of
making comparisons. He found those
writings in the bank with which he j.
connected. Nobody asked him to make
the comparisons. He did the work of his
own volilion and reached the conclusion
\ after deliberate inspection. He believed
/ that Mr.. Boyd wrote the will.
Expert Max Gumpel was sworn as
witness and said that in his opin ion the
entire will is forgery; that not letter
OF it was written Dy the late Jacob 4.
| Davis; that the writing has not one of the
characteristics OF the writing of Mr..
| Davis.
The remainder of the afternoon was
taken up by Mr.. Gumpel with his ex
| planation of the theory on which he nro-
ceeds ini forming his judgment that the
! document is a forgery.
During the day it was ascertained that
the proponents of the will will introduce
| Expert Ames to prove that the will is
| genuine.
Alexander Boyd was in a perturbed
frame of mind last night when a represen
tative of 1HE CALL met him at his Wash
| in ngton-street residence. 1T is monstrous
| it is an outrage" said he, aliuding to the
story OF Paying Teller Maxwell that, in
his judgment, the will! was forged bv Mr.
Boyd. ut is so monstrous that do not
care 20 say anything further
Il was examined by Knight for two
days and half, and by Campbell for an
other halliday, making three DAYS. and I
told all the details of my connection with
the will. "