The San Francisco call., 1897-06-05
Object to Sitting in a
Sitting and Noisy
Courtroom.
A Demand for Improvement or
Another Move to Other
Quarters.
DR.. Sobey is Refused the Privilege Of
Divu gi e What Mrs. Craven Is
Alleged to Have Told Him.

Slack.
Since the opening day OF the Fair
Craven trial his Honor has been COM
PEELED to move his court, the retinue OF
attorneys, army of witnesses and the sew
eraI wagon-loads OF exhibits in the case
Just twenty-five times by actual count.
The artisans who are surmounting the
City Hall with a new roof drove him out
Of his own quarters seven weeks ago, and
since then until few days ago he has
been compelled to wander through the
catacombs of the City's never-to- be-fin.
ished pile in search of convenient inches
wherein to hold a session of his celebrated
trial. Then he grew tired of maintaining
this peripatetic court, and led the pro-
cession back to his original quarters, there
to defy the noise of the roof-fends.
But II IS beginning to look now as
Il ough he will have to order another
march. If he is obstinate he is going to
have trouble with his in ry, for they are in
the mood to go on strike. These twelve
men, good and true, held a little indigna-
ton meeting OF their own yesterday in
the corridor Just outside of the courtroom.
1t was during the noon recess. Speeches
were made in which the abomina BILE ar
ranEement OF the room, the miserable
system OF lighting, the acoustic short
=
racket on the roof were in turn discussed.
1t wound up with Juror Patterson draw
ing up petition TO Judge Slack, and the
signing OF IL by all twelve.
The Judge, upon receipt of the docu-
ment condoled with the Jurors, because
e IS as much a sufferer as they. He is at
the mercy of the Supervisors, and that
august body troubles itself not 10 afford
him relief. But his Honor promised to
see what could be done, and after q con-
ference with his bailiffs announced that
he had reason 10 hope that by Monday his
quarters would offer more comfort ana
less d"ng'r 20 health. If be was disap-
pointed in this h would move again,
that is all.
So .ne.e may not be a strike, after all.
Ihe first thing on the programme at the
opening of court yesterday morning was
ruling by Judge Slack on the I'm portant
question as to whether or not DR.. a. 1.
6Obey should be permitted TO divulge
what Mrs. Nettle h. Craven told him re-
garding the disputed deeds she holds, at q
time when he was treating her profession
ally for q serious ailment. This is an old
story, but the attorneys for the FAIR
estate We're anxious to get it in eY dence
Dr. SObey long ago told a yarn 10 the
effect that Mrs. Craven said she had those
deeds. but that they had never been ac-
knOwIedged. W hat the attorneys for the
estate have been playing for was a repeti-
ton OF this story on the witness-stand
But Mrs. Craven's counsel opposed this,
on the ground that a sacred principle
the betrayal by a physician of privileged
communication coming from a patient
was sought to be violated.
Judge Slack's ruling was that Sobey
could not divulge the alleged confidence
reposed in him by his patient.
This was heavy blow to the plaintiffs
hosts, judging from looks of disappoint-
ment depicted upon their physiognomies
Mp bp al Ia
van, sought by various subterfuges and
luggIery of words to bring out the desired
statement IN another way, but in each in
stance was blocked and oVerruled by the
court.
All this consumed nearly the entire
morning session and resulted in nothing
but rebutts for the plaintiffs. Sobev was
nnaIIy taken from the stand in disgust,
and then the plaintiffs side returned to
their old assault upon the acknow ledge
ments attached to the disputed deeIs.
They called Joseph q. Graham to the wit
ness-stand to give something in the nature
OF link to the theory that the character
OF blanks which Notary Cooney used in
executing those ecknowled gements were
not IN exlstence at the time of Senator
Fairs death. Graham had ONLY time
enough 10 disclose the fact that he is now
O civil engineer, but was in the stationery
business at ST. Helena in 1891 when the
m dday recess was taken.
Graham was on the wltness-stand again
when the afternoon session opened. and
in answer to Mr.. McEnerney gave some
formal evidence to the effect that he was
quite familiar with the appearances and
contents of general ACKNOWLEDGMENT
blanks. He rem embered that while he
was engaged in the stationery business in
st. Helena he had two customers named
Thomas Watt and +. w. Koever. Both
OF these gentlemen frequently purchased
notarial blanks from him.
Mr.. Delmas quiZzed Graham at some
length regarding the manner in which he
happened to be called as a witness in the
case, but did not ask him why he had
been called.
Graham was then permitted to depart
and MI. McEnerney next proceeded to offer
in evidence a certified copy of the cele-
brated trust" Will of Senator Fair. This.
he explained, was for the purpose of show
ing that the millionaire had taken great
pains TO dispose of his vast wealth In
certain manner, and in consequence it
would not be reasonable to suppose that
he would have subsequently executed
another and less carefully drawn instru-
ment
Mr. Delmas said the defense would OBJ
ject to the introduction of the copy until
it was shown where the original instru-
ment was.
why, that's the will was that lost"
explained Mr.. McEnerney.
80 nave 0earQ, SAID Mr.. Delmas
NOW would be a good time to find out
where 1t is"
Judge Slack ruled that as long as the
objection hovered over the document in
tended to be introduced the loss of the
original would have to be accounted for
Chief Deputy County Clerk Piper was
sent for by Mr.. McEnerney. After being
sworn be testified that be remem bered the |
filing of Senator Fairs original will in !
his office shortly after the miliionaIre's |
death.
''WllI you kindly produce that will here
in court?' asked Mr.. McEnerney |
so!emnly-
Handsome Harry blushed and then |
griDned Ike schoolboy. I'D like to-"
he said.
do you mean to say that you refuse to
produce it?"
II can't-it's lost"
How do you account for that?"
Harry had now recovered his composure |
and proceeded TO tell the old story about |
the nys. .erious disappearance OF the Fair
will from tie County Clerks vault.
The bjection 10 the introduction OF the
certified copy of the will was now with
drawn and Mr.. McEnelnev proceeded to
read, clause after clause, the provisions of
the trust" instrument.
Henry S. Jones, managers Of the whole
sale de partment of the stationery house
of Payot, Upham & Co., was called to the