The San Francisco call., 1897-07-13
An Admission by the Judge"
That He Was Indicted
in San Diego.
His Explanation That It Was All
Politics and Therefore Not a
Serious Matter.

thew sought TO induce him to testify that
he saw the deeds Senator Fair yave Mrs.
Craven as early as January or February,
1895. The story was, for the most part,
told before the ad adjournment of ten days
ago. and the object of the attorneys for
the Fair heirs i'll questioning him again
was evidently to give him an opportunity
to apply few finishing touches prior to
cross-examination. In consequence, the
morning session frittered away with prac-
tically nothing but repetition, with ap-
propriate additions and explanations, OF
Aitken's former testimony.
When the proceedings were resumed in
the afternoon, Aiken testified that he
sow Martin Kelly the day after the pro-
posed contract TO serve Mrs. Craven was
rejected by the witness and returned to
her by mail.
"Where did you see him ?" asked Mr..
Wheeler.
"It was at my office in the Parrott
building. He called on me"
What did he have to say to you, if
any thing?"
"Well, Mr.. Kelly wanted to know why
| had sent back the contract. He said
Mrs. Craven had been sendin, ali over
town for him and wanted to know what it
meant. | told him that he could explain
fully to her that did not propos~ to have
anything TO do with the case. 1t was
short conversation"
Mr. Wheeler now referred to the al
legged conversation Aitken had had once
with Judge benson, one of Mrs. Craven's
ATTORNEYS. He wanted to know if the
witness ever saw the Judge again after
the latter had instructed him to consult
his memorandum-books m ana papers, ana
refresh his memory as to the time Mrs.
Craven showed him her deeds.
Aitken said he did see the Judge again;
that the latter called on him and asked
what the memorandum-bo books showed.
did you give him any information ?"
was asked.
Eyes, and no." replied Aitken. 81 told
| the Judge it would be better for his case if
he did not call me into it. l told him,
also, l would not have anything to do
| with it. :"
You said that to me2' asked Judge
benson. rising and pointing his finger at
| Aitken.
Yes" replied the witness
"Weil, that's pretty good" said the
Judge, smiling contemptuously at Ait
ken, and resuming his seat.
Wheeler instructed Aitken TO 60 on and
tell what else took place between himself
and Judge benson.
'WeIl, there was some reference made
| on his part to the fact that We both be-
longed TO the same secret organization.
But l said that made no differences; that
he had better not call me-"
! Judge benson was on his feet again,
pale and indignant.
'Do you swear that took placer" he
asked.
Yes" said Aiken family.
| "Pll attend 10 your case later" NUT.
tered the Judge, shaking his pencil at the
witness, and then he took his seat.
Attorney Wheeler asked Altken what
secret order was referred to in that con-
| versation.
"Well, don't like to drag that into the
| case,n was Aitken's response.
"Oh go on and tell il all-tell US the
truth, though" broke in Attorney Foote
of the defense.
Judge benson rem inded me that we
were both members of the Knights Tenn
plar-he of Sacramento Commandery and
of Golden Gate. AS l said before, l told
him he had better not call me into his
case"
Mr.. Wheeler now wanted to know more
about the alleged conversations and tran
| sactions with Martin Kelly, and in answer
to his questions Aitken said that after he
had refused to agree to give testimony for
Mrs Craven Kelly asked him to at least
reconsider his determination to the extent
of permitting Mrs. Craven to consult him
as one of her attorneys. Nothing de-
veloped from this proposition, however.
Aiken, responding to another line of
questions stated that he had memo
randum-book In which he kept record
of all professional calls at his office. The
object in bringing this out was to show
that there was no entry OF call by Mrs.
Craven in February, 1895.
The book was produced and identified
by the witness. Mr.. Foote asked for the
privilege OF examining it, but Aitksn
begged him not to inspect further than
the entries for that particular month.
"I'll examine all of it that | choose"
said Mr.. Foote. 1--WE are entitled to go
right through this book"
"Well, there are some matters In there"
said Aitken, "that concern other peoples
business and not this case.
Mr.. Foote said he did not wish to pry
into anybody's private business, and
promised that, in examining the book. he
would not go beyond the entries referred
to in the evidence.
questions, and then Aitken was turned
over to the tender mercies of Mr.. Foote
for cross-examination.
Mr.. Foote started off by reques ting
| Aitken to tell the story of his life-that ls,
his life in California. And Mr.. Foote
| helped him along bv asking pertinent
questions. Aiken said ne was practie-
| ing attorney III tUiS OitJ poiolo ITO WeDI 10
| San Diego. After taking up his residence
in the latter place he was elected TO the
| Superior Bench, to fill an unexpired term
He served from the latter part of 1883 10
early in 1891.
while you were on the bench were you
ever indicted for falsitying your own rec
ordY" asked Mr.. Foote
II was" replied Aitken. He knew long
ago that THIS was going to be hurled at
| him on cross-examination, and had forti-
| fed himself for the ordeal.
you were acquitted on technicality,
| weren't your"
"No; I think I was acquitted because
| there was no evidence to substantiate the
charge against me.
| Mr.. Foote wanted to know If it was not
fact that after his acquittal he secured
the arrest OF two of the men who secured
! his indictment-had them arrested for
perjury and upon his own testimony they
were both acquitted.
Aiken sought to evade answering this
question directly, but was finally corner,C
and compelled to confess that such was
the case. He denied. however. that he
III. 'as facsimile Z1Ng