davidaulloa/AmericanStories huggingface dataset:
The San Francisco call., 1897-04-29

now standing erect and had his eyes fast
ened upon the witness menacingly. Now
listen, Mr.. Cassou," he said. "W hen that
offer was made TO you didn't you refuse it
as being insufficient and demand SIC, 0o0?"
No, no, sir"
In response to another line OF questions
Cassou retold his story of Senator Fair s
indisposition during mis- stay at the Pa
risian Hotel. But he was more elaborate
in the details he gave this time, remem
bering now that instead of being a consist
ent sufferer from asthma the millionaire
was also taken down with violent abdo-
minal complaint. Cassou was sure that it
was on the night of the Goth of September
1894, that the Senator was at his worst
The witness said that some time in Janu-
arv or February last he told these facts to
Attorney Dutticey of San Rafael and Will
lam 7. LawIor, who said they had been
sent to him by the attorney for the ex-
ecutors of the Fair estate
w bile giving one OF his answers at this
time Cassou was seen to wink at Attor
neys McEnerney and Pierson. and Mr..
Deimas, noticing 1t, demanded an expla-
nation.
''Oh, 1 always wink" said Cassou, some
what sheeplshly.
Always wink when?" asked Mr.. Del
mas.
When am talking-when am telling
the truth.
DO you only wink, then, when you are
telling the truth2''
Cassou was not sure whether this was
What he meant or not, aud squirmed
about In his chair uneasily during his ef-
iorts to escape from his dilemma. This
ne did not succeed in doing until Delma as
finally grew charitable and ceased TO ques-
ton him further On the subject.
Cassou, resuming. told Mr.. Delmas how
careful he had been to preserve the hotel
register and his cash. book, and said that
among other things he had taken the
precaution to have these exhibits photo
graphed. A Mr.. Kytka did the work, and
the witness paid tor the negatives out of
his own pocket. Cassou was prompted TO
do this by his brother.
why did you resort to these precau-
tions ?" asked Mr.. Delmas.
"Oh, l don't know. Ieuess was afraid
somebody might steal them, " said Cass
'Why should anybody want to steal
them ?"
"WeII. 1 knew they were big evidence
for the court, and | wanted to keep the m
so as to tell my story in court"
In what respect were they such i'm
portant evide nce?'
The San Francisco call., 1897-04-29
DISAGREE
( UPON THE
ISSUES
Counsel in the Fair Case
Again at Logger
heads.
JUDGE CURTIS MAIDEN
SPEECH.
He Argues for Simplicity in the
Enlightenment of the
Jury.
LANDLORD CASsOU ON THE
GRIDDLE.
He Essays TO Explain Why He Mutt.
lated the Register of the
= Partisan Hotel.
LANDLORD CASsOU ON THE
GRIDDLE.
He Essays TO Explain Why He Mutt.
lated the Register Of the
Partisan Hotel.

One more effort was made yesterday
morning by the attorneys representing the
conteading sides in the litigation over
AIRS. Nettie Craven's deeds TO property
claimed by the Fair estate. to agree upon
the exact issues involved and to be pre-
sented TO the jury. But failure again al
tended their efforts, and it Will now be the
province of Judge Slack to determine this
momentous point.
The entire forenoon of yesterdays ses-
sion was given over to the argument of
this proposition, and in consequence the
jury was given a half holiday. Nh. Del
mas did not do the talking for the de-
tense on this occasion, that task being as
signed to his associates, General Dickin-
son and Judge Curtis, the cele ebrated New
York probate lawyer. This was the lat
ter's debut as an actual pleader in the
case, and he made a most faVora BILE i'm
preston as an able, logical and eloquent
speaker.
General Dickinson opened the argument
by presenting the issues that the defense
consiueIs would be proper to present 10
the jury. These were short and simple.
The San Francisco call., 1897-04-29
NOTES.

The Bachelor pulled up very lame after
his race.
A Nevada blacksmith named Schwartz
has invented a star,ing-gate that is said
to be superior in every particular to the
one now in use.
The betting a bout Damien was extreme
ly nervous ard fretful, still it caused no
commotior among the LAYERS of odds, who
gradually moved the price up from to 2
to 8 and 10 to l, and then caught few
small fry. The horse ran without blink
ers and life-size painting of the son of
Strathmore set In a ma ogany frame
would not have brought fifteen cents at q
hand auction sale after the race.
He started out absolutely" and held his
own throughout. On. his run be should
The San Francisco call., 1897-04-29
Incidents and Actors of Another Day in the Fair Case

They were four in numb Der as follows ::
First, whether the deed to the Pine and
Sansome streets property was genuine {;
second, as TO the deed to the Eleventh anC
Mission streets property; third and fourth,
the genuineness of the acknowledgements
to these respective deeds.
Attorney Charles S. Wheeler offered The
issues proposed by the executors and the
intervenor, Miss Virgin ia Fair. They
We're: Flrst-The claim of Mrs. Craven to
the property in question based upon two
deeds purporting to have been executed
by Senator Fair in her favor and to have
been acknowledged by Notary J. J. Cooney
on September 81, 1894. Second-Does she
claim to have become possessed of the
property by means of the deeds in ques-
ton? rhird-Are the deeds in question
merely forgeries? Fourth-Were they
executed after the death of Senator FAN? I?
Fifth-Were the deeds acknowledged
while Fair was alive and while Cooney
was notary?
Judge Curtis then took the floor and ar
gued in support of the defense's sugges-
tions. He sald their first virtue was their
simplicity. They were well within the
pale OF the pleadings. He thought that
the deeds and the acknowledgements were
separate and distinct-really four inde-
pendent acts. The issues could not be
blended. They were either legal acts or
felonicus acts, and each was entitled to a
separate scrutiny.
Mr.. Wheeler would not bow to Mr.. Cur
ts' argument. He claimed that no inde-
pendent issues were involved. He argued
that it would not do to allow that one
deed might be genuine and the other spu-
rious; or, for that matter, that the deeds
were genuine and the acknowledg ments
false.
Neither side would give in, so the court
took the whole matter under advisement.
There was not e great deal that was in
teresting IN the afternoon proceedings
The batting CT Cassou, the San Rafael
hotel-keeper, by Mr.. Delmas was the chief
feature outside of frequent scares the
lawyers and spectators were given by the
cracking OF the ceiling of the courtroom
and the showers of plastering occasioned
by the gang OF workmen who are attach
ing a new roof to the City Hall. The lat
ter disturb bance grew to be so threatening
that Judge Slack was com PEELED TO call
uTon the Sheriff TO put stop TO it.
Cassou took the stand i'm IN ediatelv after
court reconveled and the cross-examina-
tion was fesumed.
Directly from the start Attorney Del
mas began quizzng the witness as to
whether or not he had ever dem anded
money for his evidence and records. This
Cassou denied vehemently.
Il new asked a cent for my testi-
mony," ne said, growing somewhat ex-
citeu. 81 told them / would tell all
knew if called into court. and 1 didn't
want anything for it,
Are you sure about that?" persisted
Mr. Delmas
On, yes, very sure"
"Now, isn't it fact that you demanded
$40 600 for your evidence?"
Never. sir. But they offered me $1,000"
''Who did?"
why. Sheriff Healey"
son, that's il, eh?" Mr.. Delmas was
The San Francisco call., 1897-04-29

ment Company. 1t explains the Valley
| roads position as follows:
In order 10 give the general public the
oeneht OF competitive through rates for
both passengers and freight less than the
! sum OF the two local rates between the
same points is charged. 1t adds that the
| Valley road does not consider that il
would be for the best interests OF the pub.
| lie Tor 1t to make any traffic arrangem eat
with the Union Transportation COMPANY.
! In conclusion the answer SAYS: "The oniy
| complaint of the Union TRANSFORMATION
Company Is that this corporation does not
deem 1t advisable to enter into business
relations with such com pany VIII ich would
enable it to bind this com pany by the
joint operation of both lines"
Z. I. Preston, the attorney for the Val.
ley road. represented that corporation.
and the U nion Transportation COMPANY :
case was in the hands of S. NJ. Spurrier
and @. H. Fairall.
Alexander Mackey, secretary of the
| Valley road, was the first witness
Fairan asked if the Valley road had
made a contract concerning rates with the
California Navigation and I'm provement
Company. This precipitated an argument
on the keynote 10 the whole situation.
Preston objected to the question, and
declared the existence of such ID contract
was admitted in the pleadings. and as
ocItCQ tbdb tlIc QucStlOn was DQt fOr the
purpose OF getting informant tion concerning
the private and secre. Business affairs OF
the two companies interested in such con-
tract. He GAINED that traffic agreements
between connecting common carriers had
been repeatedly declared valid by the
courts OF the United States, notwithstand-
ing the efforts of competing carrier. tn
break into the business of the contracting
common carriers by legal proceedings to
have traffic agreements declared illegal.
Fairal contended that all the decisions
cited and quoted by Preston were IN ade in
the absence of Stale statutes or constitr-
tional provisions, and were based on the
common law and the interstate com merce
law. In this State, he said. there were
both constitutional and statutory proyi-
sions which declared traffic agreemen Is
such as that in question to be illegal In
support OF his claim he quoted from Arti-
Gle XII, Section IL, of the California Con.
stitution, as follows:
Every railroad company =. shall re.
ceive and transport each the others passen,
gers, tonnage and cars without delay or dis
elimination.
The point was apparently overlooked
that this applied to railroads only. He
also quoted from section 2170 of the Civil
Code, as follows:
A common carrier must not give preference
in time. price or otherwise, to one person over
another.
Fairaji claimed that the word person
included corporations and that the statute
therefore applied to the case under con-
sideratfon. He declared that the contract
between the Valley road ana its water
connection was illegal and that com plain
ant had a right to have it produ uced before
the com mission and to know its contents.
TIE attorneys for the complainant were
still arguing tor the admissibility of the
contract as evidence when ad journment
was taken until 10 A. NJ. TODAY.
The San Francisco call., 1897-04-29

"Why, Senator Fairs name was there. u
But that would only be important in
the event that it were shown that be put
his name there on certain date, would il
not?"
"Yes, sir
And that register does not show what
date Senator Far signed his name, does
it?''
mo"
Mr.. Delmas desisted. ther, with the
quiet remark that the importance of the
exhibits was not so overwhelming after
all.
Cassou was excused from the stand for a
few minutes in order to permit Superin-
tendent +. B. Latham of the North Pacific
Coast Railroad to inform the court about
the time schedule of his line as it existed
in September, 1894 Then Cassou was re-
! turned to the grIddle.
Mr.. Deimas reproduced the hotel reg
lster ana asked Cassou if any of the pages
| had ever been torn out of it. The witness
admitted that he had removed the blotter
page opposite the sheet upon which Sem
: ator Fairs signature appeared. He did
| TINS, he said, because some ink had been
spilled upon it. In reference to some
mucliage stains that showed on the i'm
portanc page in evidence he explained
that when it became generally known
among his guests that Fairs signature
was there he feared that the page might
be mutlIated and tc preserve il pasted the
corners down to the adjoining sheet.
There were some odd creases' in the page,
but Cassou could not account for them.
de also said be had torn a numbe of
other pages from the register, but could
not rememb Der when
Cassou was excused from the stand and
superior Judge j. V. Coffey succeeded
him. The Judge said he and Jere Coffey
went to San Rafael on septem Der %. 1894,
and stopped at the Partisan Hotel. He
remem bered having seen Senator Fair
there that day and again on Sunday
evening. The witness left for San Fran
cisco the following morning-the oath of
Septe m ber-but did not see the Senator
| that day.
w. B. Schneider, whose father and
brother had been witnesses before him,
was now called to the witness-stand. He
said he was a liveryman of San Rafael
Schneider was called for the purpose of
stating when Matt Gillipan. the hack.
driver who drove Senator Fair around San
Rafael, arrived in that town with his rig
BY referring 10 his books he was able to
say that'Giillgan got there from Virginia
City on the 22d of September, 1894 and re-
mained there until the 25ih While there
Giiligan kept his horses at the stable of
the witness.
Mr.. Delmas took occasion on cross
examination to again call attention. by
means of witness answers to the fact
that the San Francisco Police Department
has been most active III hunting up evil
oence for the plaintiffs in this case. De-
tective Seymour, he said, had paid him
his fees and expenses and looked after
him while ne was on this side of the bay
Court adjourned with Schneider still on
the witness stand. Judge Slack will hold
court to-day in the supervisors cham Der
instead OF in Department 10, where he has
been located since the trial began.
The San Francisco call., 1897-04-29

Capers is a round curIed leaf tea re-
sembling gunpowder tea.
No. s, Pingsuey green tea, is often
labeled as Moyune, which is superior
quality OF Pingsuey.
Nos. IL, II and Is must not contain
more than 4 per cent of dust when sifted
through No. 30 sieve with No. 81 brass
wire.
The San Francisco call., 1897-04-29
An Unknown FInater.

Martin MCGOWAN of 1867 Stockton street
discovered the decomposed remains OF man
floating In the water under Folsom-street
wharf /. The body had been in the water
about two months. The deceased wore a
heavy blue overcoat, dark clothes, heayy-soled
CATERS and had white hair. Nothing was
found on him by which he could be identified.
The San Francisco call., 1897-04-29
The American Queen.

Monthly fashion journal; beautiful COL
ored frontisplece; ready May l; register
your name at our stores and get same
free. Kohlberg, Strauss & Frohman, 107
Post street and 1920 Market.
The San Francisco call., 1897-04-29
Jerrx DriscoII Susd,

Maurice P. Healy, through j. J. Rauer has
sued Jerry Driscoll, the lieutenant of Chris
Buckley when the latter was In politics, Cor
$40, claimed to have been borrowed by tt O
defendant and never returned
The San Francisco call., 1897-04-29

three United States General Appraisers
TO be designated by the Secretary of the
Treasury.
Teas on board ships for shipment to the
United States at the time of the passage of
this act shall not be subject 10 its pro-
visions.
The grades of teas, as recommended Dv
the experts and established by the Secre-
tary of the Treasury, are as follows:
The San Francisco call., 1897-04-29
Cigar Maker Mass InsoIvent.

A. w. Mass, cigar manufacturer, has filed
petition 10 be adjudged insolvent He owes
1928 %, and his assets consist of a stock of
goods valued at $700
The San Francisco call., 1897-04-29
SELECTIONS FOR TO-DAY.

First race-Truth, Appreciation, Da-
lion.
Cardwell.
Third race-socialist, Eddie Jones,
Los Prietos.
Fourth race-Cabril1o. Rey del TERRA,
Morte FOnse.
Fifth racc-La Mascot Olive. William
PinkertOn.
Sixth race-Salvable, Satsuma, Strath-
roll
The San Francisco call., 1897-04-29

ADVANCES made on furniture ana pianos, with
or without removal ]. Noonan, 1917 1O23 Mission.
The San Francisco call., 1897-04-29

The maximum percentage of dust in the
foregoing must be restricted TO 10 per cent
when sifted through No. Is sieve with
No. 26 brass wire.
The San Francisco call., 1897-04-29
VAN VROOM ELECTRO
DENTAL PARLORS,
007 Market St.

Three Skilled Operators. Lady Attendants
Gt rman and french spoken. Open Eveunss til
8; sundays 8 till 2. All surgical work done by
Il. w. Williamson, NJ D.
The San Francisco call., 1897-04-29
owing are to- days entries :

First race, nine-sixteenshs of a mile. two.year
The San Francisco call., 1897-04-29

S0c55 backs in
OVO
The San Francisco call., 1897-04-29
THE "CALL" RACING GUIDE.

Good start. Won easily Winner A. b. spreckels f..
Time ;4934.
oo1 SECOND OF mIle selling;
The San Francisco call., 1897-04-29
LADIES' KID GLOVES!

5-HOOK 4BUTTON GLOVES black and colors odd
eguar price 81 will be closed 25c a
Blackfoot news. (Blackfoot, Idaho) 1891-1902, 1897-08-28
ALIVE AND DEAD.
The Difference Conditions Made
i'm Neighbors, Estimate.

Uncle ST Hackett was behind his
counter weighing some sugar for Mrs.
SINNERS boy Bill, when Ezra Rabb
dropped In to get new milestone.
II hear this morning. said Ezra,
"that Pete Hodgiu died last night over
ION Willow Crick.''s
/ II want to know" said Uncle 81.
8"Must of been powerful sudden. Poor
Pete. He had his faults like the rest
'of us, but there was never better
hearted fellow lived. And SO Pete's
gone! Lord, Lord, Lordi That there
man never have half the credit he de-
saryed. ! doubt IL he wurn't lots better
than the folks that used to run him
down. He olways had kind word for
every body and there never was day
he wouldn't drop his own work TO help
his neighbor out. Poor Pete.
''He used TO drink right smart, didn't
he?" asked Ezra, as he reach down into
the dried apple barrel
"Why, he took his dram" " said Uncle
ST. covering the barrel with a board
and laying subsoil plow on the top Of
it. "but they weren't no better man alto
gether in the country than Pete. He
was as fine man as ] ever saw. As I
said, he had his faults but outside of
them he was shore 'nough gentleman
and.one oy the high mindedest Christ
ian citizens we had
"Kinder lazy, | al'ays thought, said
Ezra.
THAT he wusn't," said Uncle 81,
warmly. .'Pete took things easy, but
eef ever wus man tried TO do his duty
and was good 10 his family and friends
it was Pete. don't mind any man in
the whole country we could have any
worse spared than Pete Hodgin, and eef
the town was TO do its duty it would
call meetin' and resolute some about
the loss his death win be 20 the COM
munity."
'sHere comes Jim Hoskins, rsaid Ezra;
"maybe he can tell us what was the mat
ter with Pete. Hello. Jim, know what
Pete Hodgin died OFF,
sit want Pete, s&id Jim; sit were
Sam Hodgin, his brother."
SIT wuz Sam, wuz itS'' said Uncle 81,
taking of his spectaeles and wiping
them on bolt of calico. swell nowl
Think ov the ways ov the Lord. He's
taken of Sam, the best man for forty
miles around and LEFT that lazy, trifiing,
drunken, low-down, sheep-stealin'
brother Pete of his for TO cumber up the
yearth!n
Blackfoot news. (Blackfoot, Idaho) 1891-1902, 1897-08-28
EreUthing in Sight.

An old Dutchman had boy OF whom
he was very proud, and he decided TO
find out the bent OF his mind. He aoop-
ted a very novel method by which to
test him. He slipped into the little fell
lows room one morning and placed on
the table a Bible, bottle OF whiskey
and silver dollar.
"Now," said he, .'ven dot boy comes
In, eef he dalses dot dollar he's going to
be a beesniz man; eef he dakes dot BIZ
BILE he'll be a preacher; eef he dakes
dot whiskey he's no goot ot-he's going to
be drunkart" and he hid himself be-
hind the door to see which his son would
choose.
In came the boy, whistling. He ran
up to the table, picked up the dollar
aud put II in his pocket; he picked up
the Bible and put 1t under his arm;
then he snatched the bottle OF whiskey
and took two or teree drinks and wen,
out smacking his lips. The old Dutch
man poked his head out from behind
the door and exclaimed:
sMine gracious goin, to be O
politician"
Blackfoot news. (Blackfoot, Idaho) 1891-1902, 1897-08-28
School Next Hednesdsy.

The school board has named next
"Wednesday, September the LIST, as the
day for the opening OF the public school.
4; is highly important that every
pupil should be present at the opening.
The glasses will be formed then and the
proper work as marked out will be
assigned TO the classes. Patrons and
friends should resolve at the beginning
10 give the board and teachers every
encouragement and assistance In maxi
ing the term one OF the most successful
In the history OF the school. Blackfoot
Is growing, and the school should grow
better and better as IL grows In num-
bcrs. To this end every citizen should
work with might and main. A good
school IL the browning glory Of a town.
Blackfoot news. (Blackfoot, Idaho) 1891-1902, 1897-08-28

1t is estimated that ], 100 persons have
sailed from San Francisco for Klondyke
and 2,032 from Seattle.
Chamberlain's Collie, Cholera and Di-
arrhea Remedy always affords prompt
relief. For sale by Ben II. Fernish.
X. G. baking powder 10 ozs. for l5cts
at the Central Grocery.
win have my Fall opening Septem-
Der Sd and 4th. Everybody cordially in
vited to come and inspect goods, whether
you purchase or not. Solicitating your
patronage at the old stand, Curtis
building.) Mrs. A. E. BARNHART.
Northern man idown in Floridal:
whats the price Of that orange grover"
Native: "Ten thousand dollars, mister.
Had the consumption long?n ''Con-
sumption? 1 haven't consumption. "
"Just weak lungs, maybe?" "My lungs
are as sound as dollar. am merely
looking for good place to locate !;
doesn't matter to me whether its North
or South, East or West.m so. Well,
I'll let We have that grove for $3.50. -
New York Weekly.
wANTEp--To exchange property in
Pocatello, "a house. barn and four lots,
with shade trees, fruit trees, shrubs
and plenty of water, for farming land
in the neighborhood of Blackfoot, and
team. Clear title. Enquire
L. WATSON.
A woman recently returned from the
Klondyke says she received fifty offers
of marriage before she was fifty miles
up the Yukon. But she waited until
she reached the mines and married a
man who was panning out $4,000 a
month. Declining score Of proposals
day in Alaska must be almost as try
ing as the mosquitoes. Sex.
1t is always gratifying to receive tes-
timonials for Ghamberlain's Collie,
Cholera and Diarrh9a Remedy, and
when the endorsement is from physi-
clan 1t is especially so. "There is no
more satisfactory or effective remedy
than Chamberlain's Cholic, Cholera
and Diarrh9a Remedy" writes DIR. II.
Il. Robey, physician and pharmacist,
OF Olney Mo-; and as he has used the
Remedy in his own family and sold it
In his drug store for six years, he
should certainly know. For sale by
Ben II. Fernish.
The fly season is on. Fly paper,
sticky and poison can be had at Ben H.
Fernish.