The San Francisco call., 1897-02-20
Ames and Carvalho Ruled
Against in the Abbott
Case.
A Decision by Judge seawell
That Will Figure in Fair
Matters.
Both Sides Confident of Victory in the
C1oney Perjury Case This
Morning.

The attorneys for Mrs. Craven in her
suit against the Fair estate on the pencil
deeds have found peg on which 10 hang
good deal of law in the decision of Judge
Seawell in the suit brought by Mrs. Nancy
A. Abbott to have herself declared the
wife of Capitalist Thomas NJ. Quacken-
bush.
Mrs. Abbott, in part, based her claim
upon marriage contract and although
the decision of the court was in favor of
the aged capitalist, 1t has peculiar bear
ing on the pencil-deeds litigation, mas
much as Judge Seawell decided that the
testimony of experts that the marriage
contract had been forged was of no value.
1t happens that the experts employed by
Quackenbush's attorneys were Ames and
Carvaiho of New York, who were brought
here at cost of 5000 day to examine the
pencil deeds under the microscope and
give an opinion on their genuineness. The
marriage contract under which Mrs. Abb
bott claimed to be Quackenbush's wife
bears date of November 15, 1889.
At the time of the arrival OF the famous
New York experts this document was sub
mitted to them by Attorney E. J. Pringle
for examination. Ames and CarYalho
submitted the writing TO the microscope,
and aiterward made a chemical examine
tion OF the ink and the paper. Their
opinion, which was rendered after their
return to New York IN the way of a deposi-
ition taken before notary in Quacken-
bush's behalf, was that there had been
erasures and changes by the use of chem
icals in the handwriting in the document.
The paper, so the experts declared, had
been robbed by similar means OF its
''milF' or finish in order to account for
the blurred appearance of the ink in many
of the letters. For Mrs. Abbott a mem ber
of the firm of S. P. Taylor 81 Co. was put
on the stand TO say that as the paper was
OF poor quality OF book, it would have
been impossible to remove the mill
without destroying the fabric altogether.
This same witness also testified that ink
on this brand Of paper IS sure to blur and
run.
Judge Seawell, while refusing Mrs. Alb
botts claim on the ground that there had
been mo such assumption of the rights,
obligations and duties of husband and
wife as the statute requires" between her
self and Quackenbusn, says that he be-
! lieyed the marriage contract was signed
| by the capitalist and that there were no
! chemical erasures on it of previous writ
! ing, as were declared to exist by Ames
and Carvalho.
Judge SeaweIrs decision on this point is
| likely to h~ye an important bearing in
Mrs. Craven suit. Ames and Carvalho,
in addition to declaring the pencil deed:
! forgeries, have said that there are evil
dences in them of frequent chemical
erasures and retouching. The case of the
! Fair administrators in great measure
rests upon the opinion of these experts on
| the documents.
The fate of James ]. Cooney will be de-
| cided at 10 o'clock this morning, when
| Magistrate Carroll Cook has promised 10
render a decision in the famous erjury
charge. The Fair people are confident
that the young notary will be held for
trial for the reason. they urge, that as a
committing magistrate Judge Cook is not
required to decide upon the guilt or inno-
cence of Cooney, but simply if there was
| probable cause for believing that he is
guilty of perjury. The notary's attorneys,
on the other hand, are equally confident
| that the young man will be acquitted on
the same grounds.