The San Francisco call., 1897-08-17
BACKING Up
COOuEY'S STORY
Three More Witnesses Who
Say They Saw Fair
With the Notary.
Attorneys Wheeler and Ruef
Accuse Each Other Of Be-
ing Insulting.
The Court Had to Interfere and Cau-
ton the Warning Lawyers to
Behave Themselves.

Judge Slack's court yesterday with Mrs.
Catherine Williams again on the stand
for 9 d iitional cross-examlnatlon.
The day was not altogether without its
interesting features, particularly when
now and then the opposing counsel
would clinch on some disputed point and
wind up by accusing each other of indulg-
ing in insulting language. But aside from
these little incidents there was not much
going on of character calculated to keep
those who perforce were in attendance
awake.
The cross-examination Of Mrs. Williams
was centered upon her movements on
septem Der 81 1894, the day she says she
saw Senator Fair in Cooney's office. About
the only thing new developed by her e1-
animation was The fact that she had been
in the habit of attending the races about
the time she saw Fair. She was not sure,
however, whether she was at the track on
that eventful 27th.
Edward D. Wilbur succeeded Mrs.
Williams on the stand. He said he saw
the millionaire come out OF the LICK
House on September q and go into
Cooney's office. He fixed the date by
means of letter he had received from
his partner and by some other business
transactions. The cross-examlnation of
this witness failed to materially disturb
his main story.
Mrs Carrie Marsh, dressmaker, was
the next witness who saw Fair with
Cooney on that date. She had some busl-
ness TO transact with the notary, she said,
but was com PEELED to wait several minutes
because he was busy with Senator Fair.
The lady's method of fixing the time was
the fact that she had just paid dentists
bill for work done upon her daughters 5
teeth.
On cross-examinatIon, Mr.. Wheeler
wanted to know if she had not been dis
cusing her evidence with Attorney Ruef
during the noon recess, and she re piled
that while she had talked with him there
was not much said about her testimony.
'Mr Ruef asked me if l could not be
more positive regarding certain dates l
had testified to, but 1 said l could not do
so," she said.
Mr.. Wheeler asked Mrs. Marsh to tell
him all about the various places she had
lived during her lifetime and the several
vocations she had followed. The witness
could recall some Of her movements and
also forgot great deal. Her memory
was not reliable concerning events during
the ten years preceding 1894.
"Do you know Mrs. Craven?" asked
Wheeler.
IL met her for the first time this morn
| ing here in court" was the reply.
ITO whom did you first tell your story
of the events O. Septem ber, 1894"
Judge Cooney, the father OF Notary
Cooney."
The witness said she went to the Judge
Immediately after young Cooney was ar
rested for perjury. She considered herself
friend of the Cooney family. and thought
it her duty to tell The Judge what she
knew. She said she was acquainted with
Mrs. Cooney and had seweo ior that lady.
| Mrs. Marsh was not sure whether or not
she was stopping ct the Cooney house
| when the young notary was arrested.
Under redirect examin alton the witness
said that when she first spoke tC Jud ga
| Cooney about having seen Senator Fair
| in Notary Cooney's office, she simply told
! him she saw the Senator some time In
| Sc ptem Der, 1894. She could not be POSI-
tive about the date. 1t was not until a
| few days ago when Attorney Ruef asked
her if she had any papers which might
assist her in refreshing ner memory. She
| went home and found the dentists receipt
already referred to.
James Francis Lane, conductor on the
Bryant-street electric line. was now called
to the witness-stand. During the year
1894 he was employed by the local agency
of the Pennsylvania lines, which had an
Office at II Montgomery street. Cooney's
office was at the same number.
"Did you ever know Senator Fair in his
lifetime?" ask Judge benson.
~ did" replied Lane.
"Did you see Senator Fair in the store
at IL Montgomery street in the month of
September. 1S94?'
The plaintiff S counsel objected and the
court ruled that Judge benson. who was
conducting the questioning, would have
to get closer to the date of Septem ber 27,
| 1894, before he could hope for an answer TO
his question.
The question was accordingly reframed,
and Lane said that as near as he could
remem Der he saw Fair in the latter part of
September.
The cross-examination cf Lane was very
brief. He was simply asked by Mr..
Mitchell to state how close he could come
70 fixing the time he saw Fair. He said
he knew it was shortly before the Sena-
tors death, and also that that was the
only time he ever saw Fair at IL Montgom-
cry street.
John c. Spencer of the Wonder milli-
nery.store was called to corroborate the
witness Wilbur. but under objection he
was not allowed to testify.
Charles s. nj. Bartlett, an ihsuran ce
man, was then called. lie said he saw
Senator Fair talking to ]. ]. Cooney at II
Montgomery street on Septem Der 81, 1894.
y
Ruef.
.Why, that was the last day / had to
answer in lawsuit. and / went into IL
Montgomery street to see O'Farrell & Co.,
to ascertain if l could not get an extern
sion of time"
Bartlett was subjected to rather severe
cross examination by Mr.. Mitchell. The
latter was anxious to show that Bartle tt
had been sort of private detective and
professional witness,
Have you not been engaged in procur-
ing testimony for divorce cases?" asked
Mitchell.
"Only once, sir" said Bartlett, "and
that was when / assisted a client of
yours"
Bartlett explained that he did not say
anything about having seen Fair until
May of this year, because he did not want
to antagonize Attorney Mitchell, and, be-
sides, did not wish TO be drawn into the
| case.
While the cross-examina;ion was gcing
on Attorney Wheeler and Ruef had row.
| The latter obj cted to the style of ques-
tioning Bartlett was being subjected to,
and Wheeler said something about Ruef
having ..bolstered up" the witness.
Ruef considered this an insult and ap-
| I,ealed TO the court tor protectiou Jud pe