The San Francisco call., 1897-06-23


II shall certainly stop it if see it."
said Judge Slack.
MITCHELL sat down looking rather sheep
ish. Under his breath be muttered: Il
didn't make no faces at the witness no.
how"
Mrs. Craven then finished her state
ment. 1t was: II knew / was being fol-
lowed. 1 was in fear of my life. / was
afraid of being robbed-yes, even MUIR
dered.'
She was then questioned on another
line, and proceeded to stale that Charles
Fair, one of the children of the deceased,
had examined the pencil" will and had
openly pronounced his firm belief in its
genuineness. So had Richard Dey, who
was one of those who was negotiating the
proposed compromise with her on behalf
of the heirs.
The duplicate of the alleged contract be-
tween Mrs. Craven and John Z. Aitken,
bearing some pencil interlineations, was
shown to the witness and she was asked if
the foreign markings were in her hand
writing. Her answer was that while the
writing greatly resembled hers, still she
had no recollection of ever having PEN
ciled it. In fact she was quite sure that
it was not her writing.
The next question concerned the ex-
pressed hope of Mr.. Wheeler that she
should not know of the existence of the
contract for the purchase of her claims.
The question as to how she found this out
was objected to, but Judge Slack allowed it.
"Mr. Wheeler told me himself" replied
Mrs. Craven.
"Where?"
AT his office. Mr.. Lloyd was thers.
too
"What did Mr.. Wheeler sayP''
"He said it was not intended that /
should know anything about the contract
He seemed rather put out about it"
did he give you any reasonP
"Yes. He said he was afraid my testi-
mony for the pencil will would not be as
strong as it would have been had l not
known anything OF the contract"
The afternoon session opened with an
argument on the pTopriety OF MIR. Delmas'
request that Mrs. Craven relate all that
took place at her house between herself
and the attorneys for the Fair children on
tie afternoon of the day of her return
from the East.
Mr.. Delmas maintained that inasmuch
as the other side had brought out on direct
examination the fact that those gentle
men had called on the lady, she should be
given the right to tell all that took place.
She should be allowed 10 divulge whetb er
il was social or business call; whether
they came TO leave package or ask for a
meal. 1t was purely within the domain
OF cross-examination to bring these mat
ters out, he argued, and he quoted several
OSClSlOuS III support Oh MS pOSltlOns
Judge Slack said he was Inclined to
think that the plaintiffs attorneys mad
left the door open to Mr.. Delmas by ask
ing Mrs. Craven, when she was in their
hands, if "such and such" had not been
said during that eVentful call.
Mr.. Wheeler acknowledged that he had
asked question of that character, but he
had a hairs pliTung argument to advance
on the point. He said that inasmuch as
Mrs. Craven had replied that "such and
such" was not said there was no evidence
of conversation in the record, and there
fore Mr.. Delmas' way was blocked.
MIR. McEnerney argued in support of
Mr.. Wheelers position to some length,
but even their combined efforts were not
sufficient to swerve his Honor. The latter
directed Mr. Delmas to proceed.
"Was there anything said on the occa-
sion of that visit regarding Senator Fairs
will2 was asked.
was IN reference to the details of the
making of the pencil will. 1 cannot recall
the exact words that were used.'
who was the first attorney representing
the Fair heirs to call upon you after your
return from the East2''
Reuben H. Lloyd"
"And who called after him ?'
"Oh, my, there were lots of them. Mr.
Heggerty came next; then Mr.. Wilson
was there and | am quite sure Mr.
Wheeler called also. Pm not so sure
about Mr.. Knight, but l am under the
i'm preston that he was there, too"
And the greater part of the conversa-
| ton of that day was centered upon the
will, was il2"
''It was"
Mr.. Delmas now reverted to the CONVEX
! satlon Mrs. Craven had with Mr. Wheeler
in reference to the contract by which she
was to receive $500, 600 for surrendering
4,
| to know when that conversation took
place.
~ think that was shortly after 1 found
out that there was contract to that effect
and found out what the provisions OF that
contract were."
You mean, then, that it was after Rus
sell J. Wilson had told you about such a
contract?"
Il do"
Where did you have that talk with Mr.
| Wheeler"
lit was at Mr.. Wheeler's Office"
The effort to bring out the details of
| this particular conversation met with ia IL
ure. because Mr.. Wheeler convinced the
court that the conversation had not been
touched in the direct examination.
| The same fate overlook the effort to get
| the conversation that took place at her
house the Sunday after her return from
| the East. Mrs. Craven did state, how
1 ever, tnat tneTe was pig gat06rlng oI the
/ estates clans there, and that the pencil
will was the principal topic of converse
| ton. Then the subject was dropped
In answer to another line of questions
Mrs. Craven related the circumstances
connected with the taking of her deposit
ton many months ago. She said she was
dangerously i'll and confined to her bed at
the time. She was in the same condition
when the deposition was sent to her for
correction and also when she signed it.
| Counsel for the heirs fought against
the bringing out of these facts, claiming
that 1t was opening the way for Mrs.
Craven to explain or account for any dis
crepancies that might be found upon a
comparison of her present evidence and
that appearing in the deposition.
The court directed Mrs. Craven, how
| ever, to proceed.
"Did you sign that deposition, Mrs.
Craven2"
al did"
"Why did you sign it7'
Because il was the truth OF everything
it related to SO far as understood at that
time"