The San Francisco call., 1897-04-13
MRS, CRAVEN WINS
HER JURY TRIAL
Delmas' Successful Argu.
ment Before Chancel-
lor Slack.
Attorney Charles S. Wheeler
Found That He Was Not
Able to Refute 1t.
Next Monday the Trial of The Great
Fair Estate Case Will Be
Commenced.

jury in the case of Angus and other Fair
estate managers against Mrs. Nettie r.
Craven for the purpose of passing on ques-
tions of fact involved. Judge Slack
granted Mr. Delmas' motion and the work
of selecting a jury will begin next Mon
day.
Mr.. Delmas said that the issue to be
tried now is raised by the intervention of
Miss Virginia Fair. This issue, according
to the opinion of the court is equitable in
its nature, the sole question being this:
Are the deeds forged"
The property involved has d value that
is admitted to produce net rent Of S4S, 600
year and it is charged that the deeds to
this property were produced through the
conspiracy of three persons. Thus it will
be seen that the decision In this proceed.
ing will involve not only the civil and
property rights Of the defendant but also
the good name and even the liberty of the
persons named in the three complaints in
Intervention. There could be no doubt
that criminal charges would be inconti-
nently pressed against these persons
should the decision as 10 the genuineness
of the deeds 20 against the defendants
in this case.
Mr.. Delmas respectfully submitted to
the court that this was proper case to go
to Jury, so far as a jury could act, and
in that sense he appealed to the discretion
of the court to grant Mrs. Craven's re-
quest.
Authorities were quoted to show that
when the genuineness of papers is in
| question it has been the custom in chan
| cery practice to refer such question to
| jury.
Ii was developed that in New Hamp-
CHI nd
States it is regarded as a constitutional
right to grant jury in such case, but 1t
was true that any verdict thus reached
vas merely to satisfy the conscience of the
| chancellor. If the verdict should not be
satisfactory to the conscience of the chan
| cellor it might be set aside. The same
law does not apply so strictly in this
| State, and il was not stated to be the con-
stitutional right of any lltigant in Califor.
mia, yet the authorities 60 to show that
the granting OF a Jury has been given in
| order TO give the litigants on both sides
| the best character of trial. In this sense
Jury may be called TO decide matters of
fact.
If the deeds in this matter are found to
be fraudulent the three persons accu Led of
! conspiracy would practically be convicted
of crime. They ought. therefore, 10 be
| before tribunal OF the same character
| that would finally be called on 10 decide
THIS granting of the assistance of Jury
! by the chancellor arises from no want of
confidence in himself nor constitutes any
impeachment of his ability. 1t is simply
an appeal TO the old.Ang glo-Saxon plan of
| a trial By jury so far as certain issues OF
| fact are concerned. This right of trial by
| Jury originated in England, and has
spread throughout the world, and so
| strong has ii become intrenched in the
| hearts of the people that wherever it has
| once been tried it has never been deserted
| 1t is popular In certain quarters to
sneer at the uncertainty of the ve1dicts Of
! juries, said Mr.. Delmas, but he did not
| join in this feeling of derision. He said
that the verdicts of Judges are equally
| uncertain, else how would there be ia
volumes of the reports of the California
| Supreme Court? Quotations were pre-
sented from the WORKS of DAME. Webster,
jeremiah II. Black, Jefferson, Charles s..
| May, Justices Hunt and Muller of the
United States Supreme Court and others,
who spoke in eulogy OF trial by Jury.
| Mr.. Delmas assured the court that in
all the arguments here presented there
was not the slightest doubt of his Honor 8
| lmpartiaiity, nor was there any question
of his fidelity 10 the high trusts devolving
| on him. The only contention was that a
jury is the best tribunal for the settle
| ment OF the question presented here
Attorney Charles S. Wheeler, in re-
| sponse, made formal motion 10 dismiss
the panel of jurors in the present case,
! and that the court, sitting as a chancellor,
| proceed to determin inc the issues that arise
under the pleadin gs in equity.
Mr.. Delmas said he was entitled to no.
tice before any motion to dismiss the
| panel could be made. He declined to
waive his legal rights in the case.
Mr.. Wheeler said that .he attorney for
Defendant Craven had been guilty of
- k.
the panel in attendance on the 10Th OF last
month, in which Mr.. Delmas accused the
opponents of his client with shrinking
from fair trial before a jury. In that
memorable address Mr.. Delmas went
further, and charged that Charles L. Fair
and his associates were going before the
Granu Jury behind closed doors. and by
nate the good name of Mrs. Craven. Mis-,
| Craven, Mrs Haskins and Notary Public
j. J. Cooney. He challenged them to
come out in the light of day and take
whatever justice with even hand might
mete out.
remarks without adding to the effect i'm.
parted at the original delivery Mr.
Wheeler said for these things he thought
jury ought to be dispensed with.
Mr.. Delmas said that he did not admit
that counsel for Defendant Craven" ad
DeeE guuty Oi any MISCONDUCT IN the
presence of the jury. In fact, nothing
mad been said that would be feared OF
ought to be feared by those who love JUS
iice. However. in any event Mr.. Wheeler 5
motion was not well grounded. II the
court in it's discretion saw fit to excuse the
present panel and call new Jury he
would be satisfied. All he wanted was q
jury.
Judge Slack held that this was a correc,
view of the case and directed Mr.. Wheele,
to confine his argument to the question oil
whsther there ought to be q Jury at all.
In support of his desire for avoiding 8
trial of the matter by jury Mr.. Wheeler
argued at considerable length. He agreed
with Mr.. DeImas in the statement that ir
any event the verdict of the Jury would
not be binding on the court and does no,
relieve the Chancellor from his duty te
pass on all questions of law and fact. The
!, only reason for calling in jury, he said
is when the questions to be decided are
admitted to be too complex and too in.
voived for the Chancellor to readily pas.
Judgment on them in all their contradic
Tory elements. IT is then that a Jury is
called to advise the conscience of tn,
court He deprecated the custom of citin,
the loose words of courts, however emf
nent, in derogation of what he deemed L
be the province of the Chancellor's iuris
diction.
Mr.. Delmas said that the fear of a jur,
| trial in this case arises from the dread o