The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1897-05-04

again bring out strongly the fact that the
San Francisco Police Department had
taken sides in this, purely civil proceed
ing. and had been hunting UP evidence,
serving subpenss and dlsburslng witness
fees for the Fair estate, instead of devot-
ing its energies exclusively to the duties
prescribed by the people who are taxed
for its support and are entitled TO its un-
divided attention and protection. And,
as usual, counsel for the other side made
strenuous efforts to keep this sort OF evil
dence out but invariably without success.
In cross-examining Clarke Mr.. Foote
began where he lett off at the close of
court last Thursday, and that was in refer
ence 10 the trip Clarke made with Captain
Lees and Detective Seymour to San Rafael
in search of evidence calculated 10 break
down Mrs. Craven's claims. In reply
Clarke acknowledged that although he
knew Senator Fair had spent the whole of
the 24ih of September in San Rafael-that
he knew 1t at the very time that he and
the officers had started off together-yet
he for some reason or other failed to tell
them anything about it. 1t was this very
point that Lees and Seymour wanted to
establish, and by telling them about 1t
Clarke could have saved them the trip and
considerable anxiety.
Did anybody ever inform you that 1t
was very important. in order to establish
TIC NdlIUIty Oh OSndIOT TalI 3 iTuSl Will
to prove that the Senator was not IN San
Francisco on the oath of September ?"
asked Mr.. Foote.
"No-er-yes," stammered the eX-valet.
who wasit?" demanded thei attorney.
81 think the executors"
Which of them ?"
"Mr. Bresse, l believe"
ANY body else?"
Eyes, Mr. Angus, too"
Didn't Lees tell you, too?"
II believe he did"
Don't you know he did ?"
Yes"
why don't you come out and say so
tben?'
Mr.. McEnerney objected to this line OF
questioning, and in doing so stirred up
Mr.. Foote. The latter intimated that the
showing up OF the connection of the police
with the case-with q civil suit-was hurt
ing some body. McEnerney's objection
was based upon the alleged fact that there
was no record that the peace officers were
connected with the case or that Captain
/ Lees was peace officer at all.
Mo- said Mr.. Foote, "there is no record
that he is the kind of peace officer you
mean"
McEnerney objected to the last insinua-
ton, too, and induced the court TO ex-
punge it from the court record.
Mr.. Foote now essayed TO read some of
Clarke's testimony given at the examina-
ton of Attorney Cooney, his object being
to show that the executors and heirs OF
the estate were fighting among themselves
at that time. In doing SO he ELECTED a
chorus OF objections from the Plaintiffs
line. He then proceeded TO beg the court
to give the defense some latitude in the
cross-examination of Clarke. This wit
ness, he said, had been brought in to
prove a vital point and it was OF the great
ac INN rta n the daf6nsa that ha
permitted TO show up all of the mans
connections with the case and the interest
he was taking in it.
Judge Slack promised not to hamper the
cross-examinauon, but said he did not
wish the trial delayed.
Clarke, in resuming his disjointed nara
tive, denied that he asked Captain Lees to
go with him to San Rafael for the purpose
Of getting evidence that would zorro borate
his story. 1t was Captain Lees, he said,
who suggested the trip. The witness and
the officers visited San Rafael several
times an search of evidence. They saw
number of people over there and took
statements from them.
Ibid you see the Partisan Hotel register
when you went over there with the off,
GERS the first timer" asked Mr.. Foote.
No; it was not there, replied Clarke.
''W here was IL 2"
ave were told that Mr.. Cassou, the
former proprietor OF the house, had taken
it away"
Now isn't it fact that you were also
told that Cassou would not give 1t up I'M
less paid literally for it?
Clarke did not remember that. or at
least said so. The valet denied that he
knew family named Elliott. or that he
had read that the Elliotts had told Attor-
ney Knight that Fair was lying i'll at the
Lick House, instead OF being at San Ra-
fael on the "a b OF Sc Dte M be-
Clarke then gave another illustration of
how we'll he remembered the incidents of
that day across the bay by recalling that
after breakfast be entranced the millions
aire by reading Aladdin, or the Wonder
jul Lamp" and other hair-raising yarn
from the Arabian Nights to him as
they sat together on the veranda of the
Partisan House. He got tangled up in the
effort to remember how many volumes
comprised the series, and also could not
recollect whether he read any of the stor-
les to the Senator: the day previous or
afterward.
Clarke was still on the stand when re-
cess 0rderad