The San Francisco call., 1897-09-04
NEXT, URAT0RY
AND EL0QUENCE
Then the Verdict and End
Of the Great Fair
Craven Trial.
The Last of the Evidence Has
Gone Into the Volumin-
Gus Record.
Schneider and His Celebrated BEAT"
Book Had the Closing Number
on the Witness Chair.

girl. The examinations at an end and
along with them all that is irksome of the
term. The relaxing, pretty part OF it is all
that remains-the decoration of the black
boards and the trooping in of friends and
relatives to hear the speaking of pieces"
and the class songs. And then vacation.
The attorneys on both sides of the Fair
case promised Judge Slack Thursday even
ipg that the last of the evidence would be
heard ere another ad adjournment was taken,
and for once during these many, many
weary weeks ana months of pickering and
barking and legal strife they kept their
words.
The rebuttal evidence of the plaintiffs
the Fair heirs and the executors under the
so-called trust" wiIl-was finished quite
early yesterday afternoon. Then, to the
surprise of everybody, Attorney Delmas
announced on behalf of the defense that
he thought his case was sufficiently COM
plete without offering anything in sur
rebuttal. After an hour or so of debate
over a technIcality which had heretofore
arisen and which was as yet unsett Ell an
adjournment was taken until next Tues
day, on which occasion the final oratory
for the benefit of the jury will be inau-
gurated.
Dr. Marc Levingston, who attended
Senator Fair during his last illness, and
whose name appears In the disputed pen
ciF' will as one of the executors without
bonds" was the first witness called at the
opening of the morning session. He was
summoned by the plaintiffs for the pur-
pose of off; citing the testimony of Janitor
Hennessey of the Mission Gram ar
School. Hennessey stated that be took a
note for Mrs Craven 10 the Senator some
time, as near as ne could remem ber, after
the I'D OF d Gem Der, 1894. The 22d oc-
Cured on Saturday, and the lanitor SAID
he was quite sure that he did not deliver
the note, the Response to which was the
handing over by the millionaire of pack
age containing the disputed deeds, on a
Sunday.
DR.. Levingston now testified that Sem
ator Fair was taken i'll Cd the nj hit OF the
23d and never again left his bed. The
theory of the defense is that Hennessey' S
memory is not clear. and that he delivered
thai aote on the afternoon of the I'D.
Some patches OF Mrs. Craven's original
deposition, said TO contain contradictory
statements, we're introduced in ev dence,
and then w. +. Schneider, the liveryman
of San Rafael, was recalled TO explain how
it happened that his now famous "beat"
book contained entries dating as far back
as 1892 whereas the defense had proved
that he did not become possessed of the
book until 1894 Schneider was prepared
with a plausible calculation. He had
oeen in the habi; oil keeping his accounts
an slips of paper, which he kept on hook
attached to he wall of his sta BILE. These
accumulated and finally got so dirty that
be decided TO transfer them TO book.
G. II. Um bsen. the real estate man, was
called for the purpose of contradicting the
evidence of E. D. Wilbur regarding Sena-
tor Fairs visit 10 Notary Cooneys office,
but an objection from the defense blocked
the way and Um bsen was excused.
Mrs. Annie Aitken, wife of Judge John
R. Aitken, took the stand next TO con-
tradict some of the statements made by
Mrs. Marsaret Craven-Koehler. The
latter had testified that the Judge first
calle al her mothers house in June, 1896
instead of July as Aitken Gained; also
that she never said to Mrs. Al ken that
'the lady on Guerrero street of whom
Martin Kelly had spoken" wanted to see
the Judge.
Mrs. Aiken now declared that fair Mar
garet did not tell the truth regarding
these matters.
Attorney Wheeler suddenly stopped in
the middle of the examination OF Mrs.
Aitken, and, alter consulting with his as
socrates, said they had no more questions
TO ask OF the witness.
No questions or alton,
madam said Mr.. Delmas.
Mitchell arose now and said the plain
tiffs' rebuttal was at an end.
But one more step remained before the
emf of the great case was reached.
Mr.. De!mas reminded the court and
Jury that Bartlett, the self-confessed per-
jurer, mad SAID in his evidence that E. D.
Wilbur, one of the Witnesses for the de-
nj foH wi i'm,
scheme to make money out of the case.
The impression might have been left, said
the attorney, that Wilbur was not an
honest man and was a witness on par
with Bartlett himself. Delmas therefore
asked for permission to recall Wilbur to
the stand and the request was granted.
Wilbur denied positively that there was
a word OF truth in Bartletrs story.
Mitchell broke in and asked Wilbur ii
he had not been engaged in the business
of selling lottery tickets, but Judge Slack
ruled the question to be improper.
And that was the real end of the evil
dence taking. Oratory and eloquence will
constitute the finishing touches, but
neither ofthese elements constitute testi-
mony or anything which can have a place
in the record. There will be four DAYS of
this, beginning next Tuesday morning.
In anticipation of having to entertain
an immense crowd during the arguments,
Judge Slack has arranged to secure some
more capacious courtroom for that occa-
sion.
Garret McEnernev. it is understood, will
make the opening address for the plain
tiffs. He will be followed by three of the
attorneys for the defense-W. w. Foote,
Judge Curtis of New York, better known
as the twill smasher," and d. M. Delmas.
The plaintiffs have the closing privilege,
and Messrs Wheeler and Mitchell will do
the honors.
Before adjourning Judge Slack's atten-
ton was called to the fact that techn-
cality, raised some days afo, was still
hanging fire. so little debate on the sub
ject was declared in order. The point in
volved was as to whether or not the de-
tense could show the great wealth of Sem
ator Fair in support of the theory that,
having much. it was not unnatural for him
to give much.
The court took the matter under advise
ment.
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Directory Morris to Leave.
Sipmund Morris ARE sted the other de nm