The San Francisco call., 1897-06-04
Attorney Foote Concludes
His Cross Examination
of the Expert.
Dr.. SObey Then Takes the Stand
to Violate an Alleged Privi-
legged Communication.
The Cour Howev r, Is as Yet Un.
decided Whether or Not 10 Permit
Such Departure From L W.

.AneS Dy attorney w. w. foOte was re-
sumed al the morning session OF the
Fair-Craven trial yesterday, and doubt
less furnished as much interest as any
happening of the day.
Mr.. Ames' setto with this celebrated
. crass-examiner on Wednesday doubt ess
left an impression on him, for be ex-
= hlbited the greatest OF respect for the at
;torney while undergoing the finale OF the
siege, and his former glibness and pen
i.chant tor delivering lectures instead OF
short pointed answers were conspicuous
In Y by their absence.
10 start off with, Mr.. Foote reminded
Ames OF his testimony regarding the pc
culiGrlties OF the letter w" as it ap-
peared in the disputed documents and in
the admittedly genuine writings of Sena-
. tor FAIR. The expert had said that
Senator Fair always executed n letter
IN one way, and that was with the first
stroke "whopped up" or rising above the
base line, whereas the second stroke hung
down below The line
Mr.. Foote pointed out a mum Der of
FAIRS WIS" in one of the enlarged photo
graphs of the deceased's writings and
Ames was forced 10 ADMIT that they had
been written with the strokes situated
Just the reverse from the rule the expert
mad la!d down. Ames could only cnarac-
-. lerlze these as exceptions.
i airs habits regarding the use of hy-
phens were next discus, s,ed by the attor-
. ney and expert. The latter said that the
millionaire invariably divided an over.
tapping word by placing hyphens boUn at
the END OF the line where the word breaks
and at the beginning OF the new line. He
said ne could not find this characteristic
. IN the disputed writings. In the latter
Inc hyphens looked more like dots. Mr..
p foote, however, called attention to some
hyphenated words in one OF Senator Fairs
letters 10 Bresse 6 Angus, ana showed
Ames that The Senator divided the word
Telegram" in manner entirely different
from the rule. Bat this, said Ames, was
only another exc .ption.
Ames had narrow escape from losing
mucn caste when be got TO telling Mr.
70 toOse somethinS about the Greek alpha
BET. lie was DESCRIBING the difference
between Roman and Greek RS" and
=, illustrated them on The black board
is that so-called Greek r YOU have
drawn true representation of the r. in
the Greek alpha btt?" asked MIR. FoOte
Yes, as near as | can produce it, " re-
piled Ames, with assurance.
Now, are you sure about that?"
"Oh, yes, l-eT-WeIl, hold on; come to
hiak otit there is no letter r in the Greek
alphabet. l din't mean that" Ames was
getting ratified. What l was trying to
do" ne continued, was to illustrate the
:. Greek character from which We get the
formation of the letter"
well, what Is that character?" asked
Mr.. Foote.
''As near as can recolect TAmes was
20 proceeding very cautiously nowJ It IS
called n6icron."
Draw il on the bla ok board"
Apes begged TO be excused. He was
AFRAID be was u little too rus y In his Greek !
and didn't want to get INTO difficulties
He said that he thought that when he
drew the ''r' on the board he came a, near
10 he Greek character referred to as he |
could remember.
isn't 1t a fact that the character you |
speak Of is formed ike the letter 20, p in !
stead OF the -" asked Attorney Delmas, |
lnteruDtlng his associate, and directing |
the question to Ames.
The expert had TO give it up. It had |
Deen so long since he had been to school. |
Ihls ended the cross-examInation and /
Attorney Z. B. Mitchell asked the expert |
few questions on redirect examination. |
These were ply in reference TO his |
opinion regarding the effect OF age and !
physical Indisposition upon persons !
- handwriting. Ames said these condi- /
tions would cause the hand to hesitate |
and shake, but be did not think ii would !
account tor quite IS many discrepancies /
as lie alleged appeared in the ''penciP' |
VIII, the disputed deeds and the Far let !
. ter Of Decem Der 16, 1894.
Ames now lett the witness.stand and |
was succeeded by George a. Story, cashier |
OF the Mutual Savings Bank All he tes- |
tilted to was that Senator FAIR. who was |
the president of that bank, attended a |
meeting OF the directors on Septem Der u. |
1919, and Vas IN nervous, debilitaied |
and palslcd condition.
Juror Ros baum DELAYED the game |
, some what at the Inauguration OF the
p afternoon session by not putting in an |
appearance on tune. The red and per- |
spring lace he exhibited when he did ar |
rive. however, was evidently sufficient !
testimony that he had tried hard IN no !
prompt, for he was not reprimanded
Charles CTocker, general manager of the |
II. ,. Crocker company was called to the !
witness-stand by Garret McEnerney. and |
at that genteman's request identified the |
notarial blanks and proofs thereof printed |
by his firm, and which were the subject of
so much discussion during the earlier
days OF the trial. Mr.. Crocker said that
the blanks were handed to him by A. c.
Forsyth, manager OF the stationery de-
Partmeat.
Mr.. McEnerney was seeking to have Mr.
Nrocker tell something about the date that
certain blanks bearing an alleged typo-
graphical defect were printed, when At
torney Delmas of the defense objected TO
counseVs method.
I'VE claim and want to prove that the
blanks upon which the Cooney acknowl-
edgments 10 the disputed deeds were
made out we're not printed until fifteen
months after the date of the alleged ac-
Acknowledgement" said Mr.. McEnerney.
1--WE understand the claims of counsel
very WELL" said Mr. Delmas with irony.
These claims were ushered in here with
a great flourish of trumpets and much ado
generally, but as yet we fail to see where
they have introduced a particle of evil
dence tending to support these claims.
Now if they wish to introduce any new
evidence on this point, why, we will insist
that it be only of sucn character as the
law demands and recognizes"
After some further debate Mr.. Crocker
was permitted to testify that at his direc.
tion the issue OF blanks with the defect
were ali gathered up and put in the vault.
They were taken out subsequen ly and
fsome of them introduced as evidence in
K the prosecution of Notary J. J. Cooney
/ Under rcross-examination by Mr.. De!mas
eAe witness said be was prompted to
gather up the blanks by Reuben H.
Lloyd and Chief of Police Lees. The
blanks were photographed at the request
Of hose two individuals.
. "Do YOU remem ber the occasion OF
Judge Denison, one OF the attorneys here
>ior the defense, calling at your store and |
asking for some Information regarding |
those blanks?" asked Mr.. Delmas.
:: II do" replied Crocker,