The San Francisco call., 1897-03-14
The Fair Executors Resort to
Subterfuge for More
Delay.
THEY WISH TO EvADE A JURY
TRIAL.
D. NJ. Delmas Scores Their Dilatory
Tactics Resortsd To on the
Eve of the Trial

Judge Slack's court was the scene OF q
most interesting argument yesterday
afternoon in the suit of Mrs. Nettie R.
Craven against the estate Of James g.
Fair, deceased.
The discussion arose primarily over the
application made by Delmas & Snortridge
on behalf of Mrs. Craven for the taking OF
the deposition of Charles s. Wheeler, who
as attorney for Miss Virginia Fair had
filed complaint in Intervention, alleging
that the so-called pencil deeds are FORGE
ries and that they were fabricated by q
conspiracy in which Mrs. Craven. Mrs.
Haskins and Notary Cooney took part.
O5her matters came up for considera-
ton and were handled in mastery style
by the attorneys on both sides of the case.
Mr.. Delmas made it apparent to the
court and to the roomful Of listeners that
the sole object of the suit in Intervention
was to secure a posiponement OF the trial
of the main case until the detectives, pri-
vate and public, in the pay OF the Fair
estate combine shall have been able to
formulate even more damaging charges
against the witne sses for Mrs. Craven.
1t was shown that for some time these
schemers have hoped to secure indict-
ments against some of the persons whose
testimony they dread in the civil courts.
But the Grand Jury has hesitated to lend
aid and comfort to this desperate hope,
and delay was desired with the further
longing hope that the members OF the
Grand Jury might be overpersuaded TO do
the will of these secret and private prose-
cutors.
Mr.. Delmas' closing speech was de-
hcious bit of sarcasm, and put the MEN,
bers of the bar in laughing mood. Even
the serious-minded Judge could not for
bear to smile when he spoke of Mr..
Wheeler's professed knowledge OF the
truth of the allegation touching the con.
spiracy to forge the pencil deeds. Mr..
Delmas said that he and mis- associates
were delighted to learn that there was one
man who pretended TO know all abousthe
making of these deeds. The instruments
on their face bear the stamp OF genuine
ness, but here is a man who says he
knows they are forged. Yet when he is
asked to take the stand and tell the truth
about them he hesitates and halts and
asks for delay in which to consult authori-
ties. For what?
Is ii necessary for him to consult au-
thorities in order to tell the truth?
The truth is all that Mrs. Craven's at
torneys ask for now or any time.
These proceedings have been pending
for something like year and a half
Hitherto no person has been brought for
ward who professed to definite knowledge
in regard to these deeds. Suddenly there
appears Mr.. Wheeler, who makes affidavit
that he knows them to be forgeries. He
is the only man on earth who knows these
things, and is asked to take the witness
stand and disclose the whole truth, but
he parleys with the court and pleads for
delay.
This reminded Mr.. Delmas Of the medi.
cal student who was being examined for
his degree, and the old professor who was
conducting the case asked him, "What Is
Iife?"
'.Well professor, did know the answer
to that question. but have forgotten it"
replied the youthful aspirant for a physi-
clans diploma.
"Great heavens What a loss to
sciencen' exclaimed the professor. '.Here
is the only man on earth who ever knew
what life is and now he has forgotten It'll"
So it was with Mr.. Wheeler, said Mr..
Delmas. He is the only man who has
ever professed knowledge of the genera
ton of the pencil deeds, and he has for
gotten or doesn't wish to tell.
This sally on the part of Mr.. Delmas
evidently cut to the quick, as also did the
suggestion that Mr.. Wheeler ought to un-
bosom himself of his precious secret at
once, lest he might meet with some sud-
den death and his fair client thus lose the
inestimable benefit of his important testi-
mony.
Yet despite all this urging and the
spirited challenge of Attorney w. w.
Foa te, who declared that Mr.. Wheeler
knows actually nothing of the production
OF the pencil deeds. Mr.. Wheeler insisted
on technical point for delay and so wore
on the compassion of the court that he was
granted posiponement of several days in
which to gather his wits and his autnori-
ties Tor the purpose of meeting the is.ue
Mr.. Wheeler grounded his objection to
testlfying on the technical ground that
the affidavit of notice was not sufficient in
that it should have ser out the exact nature
of the testimony it was sought to adduce.
Mr.. Delmas said he presumed the objec-
ton was made on the part OF the some
what numerous array of counsel who
appear for the intervenors. "I call your
Honor's attention" he said. ito the now
somewhat famous affidavit OF Charles L.
Fair, upon which was based the criminal
prosecution of ]. ]. Cooney. The affidavit
in this case is exactly similar to the afida-
Wit upon which that deposition was based"
Mr.. Delmas called attention to the fact
that on an exactly similar affidavit Judge
Slack had threatened to commit Mrs.
Craven for contempt If she did not testify.
On that occasion Mr.. Delmas had stated
that he was under the impression that
authorities could be found in the New
York cases upon the point, but the ruling
at that time was that the affidavit was
sufficient. 81 rely" he said. upon the
uniform course of conduct throughout
these cases, which has now become .
quasi law of this court"
Mr.. Wheeler presented New York an.
I ia L -.