The San Francisco call., 1897-06-25

Mrs. Craven talked TO the Two visitors,
but did not do so as soon as they arrived,
because il was said that Mr.. Delmas was
in another room, and she desired them to
wait until he had departed.
''Well, you finally had a talk, didn't
your" asked Wheeler
ave did, !" was the reply
Now, just moment" interrupted Mr..
Delmas at this juncture- de wanted to
ask Aitken few pertinent questions.
Why did you go to Mrs. Craven's
house ?' he asked.
Because she sent for me-"
For what purpose ?"
We'll, l understood it was for the pur.
pose of being consulted on legal busi-
ness"
That is all L wished to know" said
Mr.. Deimas.
The witness was now directed TO give all
OF the conversation that took place on that
occasion.
Attorney Foote registered a formal OBJ
lection on behalf of the defense 10 this
procedure. He said that under the state
ment OF Aitken be was at Mrs. Craven's
mouse as an attorney-at-law and that,
therefore, whatever was communicated TO
him by the lady was, under the statutes
OF california, privile ed, and could not be
divulged by The attorney. 1t was plain,
be said, that this case was exactly one
which was affected py that law
A clerk handed Mr.. Wheeler a great
bundle of law books, and that gentleman,
alter arranging the volumes before him
arose 10 make an argument. He started
OFF by saying that while the law was strict
as TO the rel atons of attorney and client
still it was never intended that it should
be used as a cloak 10 cover crime. II
would be an outrag sc upon the profession,
he said, if attorneys should have to re-
celve, 1or instance, the confessions of
criminals and then have their lips sealed
Mr.. FOote took the attorney TO task for
wandering from the subject before the
court.
"If your Honor please" he said, 81
submit that Mr.. Wheeler should be made
to argue the question before the court
do not propose that he should put me in
false position. l think my standing at
the bar is equal to his. l have not said
that a lawyers business IS to commit per-
jury, but | say when a man goes in his
professional capacity-sent for to discuss
the validity of deeds anu other things
that whatever occurs there is confidential
and cannot be divulged. / think l nave
at least as good notion of the dignity
and the honor which ought to prevail in
The profession of law as Mr.. Wheeler has,
and l don't propose 10 have any such i'm
putauon cast upon me-that / am here
claiming that attorneys-at-law have a
right to counsel and abet the commission
OF crimes"
Mr.. Wheeler said he didn't mean it that
way, and then turned back to his law
volumes.
Judge Slack quailed at the pro ospect of
being compelled to listen to Mr.. Wheeler
quote from THAT pile of books-for Mr..
Wheeler Is not the smootheSt reader in
the woodland determined to head him
off Before Wheeler had proceeded far
his Honor interrupted and said the gen.
eral proposition as to the law governing
the relations OF counsel and client was TOO
we'll known to need extensive argument,
and, furthermore, he didn't care to hear
any. But there was another point in
Volved, he said, in regard to which he
might find patience enough to listen to
an argument. This point was that the
presence OF third person, Martin Kelly,
at the interview between Mrs. Craven and
Altken, might relieve the conversation of
its confidential and privileged character.
Mr.. Wheeler was shy of books on this
point but soon had clerks and messengers
flying in all directions in search Of them.
While the court was waiting for the re-
turn of Wheeler's messengers, Judge Cur
tbs, the eminent New York attorney, took
the floor and made an argument against
Wheeler's position. He cited a noted
English case, where, during he trial of
man for crime, he confessed to his soici-
tor that he was guilty. The solicitor
asked for an adjournment OF court in
order that he might confer with the JUS
tices. He asked them what he should do
under the circumstances, and they di-
rected that lie could not disclose that con-
fession and must go on and defend his
client to the best of his ability.
Judge Curtis also cited a Maine case
quite similar to the English instance.
There was no question, said the Judge,
and in fact could be none, as to the conf
Dental nature of the relations OF attorney
and client. They were sacred and invio-
late.
Regarding the proposition of the pres
ence of third party the Judge said he
thought a reference to the authorities
would show that the general rule was
against this-that the presence of third
person did not destroy the privileged
character of a communication between
counsel and client
Attorney Mitchell, in replying to Judge
Curtis, proceeded to quote from one OF his
volumes of legal lore. With great -four
lsh and emphasis he was reading Su-
preme Court decision. He did not know
that Mr.. Delmas had a duplicate COPY in
his hand and was following the reading
Closely. until he essayed to skip a leaf
that bore an argument diametricallv op-
posed to his own position He was
brought I'D with a round turn for this
face and TO look sheepish over being
caught.
Then Mr.. Wheeler was going to uelve
into additional lore when Mr.. Delmas