The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1897-08-05


plucked up by the roots and some sand and
gravel are thrown with the garands; but be
1t said to the honor of the legal profession
that, although some slight acrimony may
characterize our controversies, we recognize
the TACT that there are .blows to receive as
well as b ows 10 give, and, while We contend
with earnest zeal, we never harbor malice.
1t Is fitting at this time that all the counsel
for the defendant extend, and we do extend
to all the counsel upon the other side, the
hand of courtesy and good will And duty
prompts me at this time to express another
sentiment on behalf of oil the counsel land
know ! do not venture when include all the
counsel on both sides of this controversy
which sen timent Is that of profound res pect
and gratitude to the distinguished jurist by
whose patience, amiability, profound learning
and dignified department our pathway has
been lighted, our footsteps guided and our
labors alieviated.
The Judge, continuing said it would
have to be presumed that the plaintiffs
had brought forth every fact within their
reach and had resorted 10 every art aud
science within their knowledge in order
to prove their case. 1t would also have
to be presumed that they had nothing
more left Now. the question was, what
had they proved? Had they proved their
case2
Judge benson was just saying in gen.
eral way that he did not believe the
plaintiffs had kept their promise to prove
terrnpted by Attorney Mitchell. That
gentleman said he feared that his OPP
ponent was going TO step over the rules
by discussing the evidence. He was told,
however, that it might be better to wait
until the stepover took place.
Judge benson said he knew the rules,
and turning to the jury he said he had
not the privilege of discussing or critlclz-
ing the evidence adduced by the plaintiffs
further than to say in general way that
the plaintiffs had not made out case
sufficiently strong 10 entltle Them to
verdict in their favor. Mrs. Craven, he
said, denied the allegations OF the plain
tiffs that her deeds to the Sansome-street
and Mission street properties were 1raudu-
lent. She was now going to undertake to
disprove the statements OF many OF the
witnesses who had testified. She was not
| only going to disprove their evidence but
would also impeach some OF them and
show them to be people OF shady reputa-
tions and Unworthy OF belief.
| Warming up to his subject, Judge Dem
| son said Mis-. Craven and her attorneys
were going much further than merely at
lacking plaintiffs witnesses. They were
| going 10 prove tnat much of the material
evidence brought out was deliberately and
| maliciously manufactured. In saying this
| the Judge explained that he did not mean
to insinua q that the counsel for the heirs
and estate had knowledge of or approved
this III. position. He knew them TO be Gil
| too honorable men for that. The fraud
| had been committed by others.
Among the i'm portant things that the
| defense would bring out, he continued,
! would be the fact that Senator Fair did
| leave San Rafael and come TO this City on
| Septem Der "a 1S94-the day Mrs. Craven
says he wrote the pencil will i'll her house
and gave her the disputed deeds The
genuineness of the Cooney acknowledge
ments uf the deeds would be shown. and
| also the nuineness oil Senator Falr Sig
| natures To the deeds.
1--WE will show YOU" said Judge Dem
| son. THAT shortly after Senator Fair S
! death negotiations were entered into with
| the view OF purchasing Mrs. Craven
| claims. The attorneys and the heirs and
the executors, who are now arranged
| against her, examined her documents at
that time with the aid OF all their power
tul lenses and their photographs, and pro-
nounced them genuine"
In reference o the secrecy with which
the lady surrounded the tact that she pos
sessed the deeds, the Judge said that was
matter easily explained. The Senator
had entered into gigantic wheat specu-
lation at about the time that he gave Mrs.
Craven the deeds, and fearing that so i'm
portant real estate transfer as the deeds
involved might affect his interests he
asked her not TO tell the world she had
them until after he was dead. 1t would
be shown, the Judge SAID, that certain
confidential friends Of Mrs. Craven saw
the deeds before Senator Fairs death.
Others saw them shor ly after his death,
and the Judge said that strange as it may
seem, it would even be shown that Bomb
shell" Aitken saw them, despite his story
that an attempt was made to corrupt"
him. Special attention, he said, would be
devoted to this man Aitken and his char
acter. The garb of alleged respectful ility
would be Torn from him.
Judge benson concluded his address
Just as the recess hour arrived, his con-
GLIDING remarks being as follows:
1t is unnecessary to consume more of your
time now, or to state the evidelce TO be offered
by us in greater detail, this outline viii
enable you to follow and apply the evidence
as we shall offer it. We labor under many
disadvantages and are met by adverse circum-
stances, but we hope to redeem our promises
and prove all we have forshad owed. Our re-
sponslbilities are great but yours are even
greater, and in placing this case In your hands
/ pray that you may be endowed with d s.
eriminotion, sctuated by fairness and III
spired by wisdom in weighing the evidence
and finding verdict. The property values
involved in this case ana depending upon
your verdict are great, but the moral ques-
lions involved and the issues OF personal
character dwarf and render secondary the
mere QueS non Oh nOuey fhIuS.
You cannot too keenly appreciate the i'm
portance of your great duty. You will, we
hope, emember ali the evidence which has
been introduced and carefully compare 1T
with that which is to come, keeping IN mind
at all times the issues on trial The charge
here is that this defendant conspired with
others to Jorge these deeds and sustain tn EN-
by perjury. The plaintiffs and the intervenor
have had the most liberal range of time, op-
portunity and facility to produce all the evl-
| dence in existence III support of their ailega-
| tions; have finally rested their case; and at
| last have gixen this much-accused delendant
the opportunity, devoutly sought, but long de-
| layed, of displaying her justification before a
| jury of her peers, and incidentally before her
| felloW-citiZens.
| If she has been guilty of those great crimes
! her efforts 10 prove her Innocence must fail,
! and bowling down in humility of guilt she
must be crushed by inexorable law. Upon the
| other hand if she is not guilty no human
| court can grant her adequate redress. You
| may decide, and the court may adjudge that
| she be awarded the properly which is already
| hers by right; but what angel OF charity sent
| down from the realms OF mercy and infinite
| love viii have power to efface the stain of
1 those wild lV published charges of criminal