The herald., 1897-09-15
Proved No Puzzle to Judge
Slack
EHE JURY COULDN'T AGREE
so THE COURT TOOK THE MATTER
IN HAND
The Craven Deeds Declared to Be For
geries and the Acknowledgment
70 Them Fraudulent
Associated Press Special Wire.

Associated Press Special Wire.
SAN FRANCISCO, Sept. 14.-The
famous case Of Angus versus Craven,
by which the executors and heirs OF the
late Senator James G. Fair sought to
quiet the title of Mrs. Nettie r. Craven,
a school teacher of this city, to two
pieces Of property on Sansome and Mis-
sion streets, valued at $1,500,O00, was
finally decided today by Superior Judge
Slack, sitting as chancellor in equity.
For five long months the trial Of the
case dragged along before jury, to
whom it was faally submitted upon
three dAcisive issues yesterday, but after
wrangiing for ten hours that body an
nounced it's inability to agree upon a
verdict and was discharged by the court
late last night. Judge Slack intimated
that he had reached his decision at that
time, but at the urgent request Of coun
sci for the defendant, deferred rendering
1t until today. When the case was called
the court room was packed to suffoca-
tion with lawyers and others interested
in the result of the litigation, and the
closing scene in the legal drama was
awaited with unusual interest.
Attorney r. B. Mitchell, on behalf of
the plaintiffs opened the proceedings
by offering to submit the case for decis-
ion by the court as a chancellor in
equity D. M. Delmas, on behalf Of the
defendant, contended that the issues be-
fore the court were not equitable issues,
and although Judge Slack had overruled
khis contention at the outset Of the case,
requested leave to argue the point.
Judge Slack declined to hear counsel,
however, and Attorney w. W. Foote
made a vigorous appeal to the court not
to decide the case by chancery. arguing
that since the court had decided that the
defendant was entitled to an advisory
Jury to advise the court, and that jury
had not advised it, the court could not
take upon itself to decide the case. Judge
benson supplemented the appeal Of his
tonfreres for another jury trial, but the
fourt was deaf to them all and curtailed
the argument.
Judge Slack then rendered his decision
to the effect that the pencil deeds pur-
porting to have been signed by James
IG. Fair, by means of which Mrs. Craven
sought to sustain her title to the prop
hrty in controversy, were forgeries, and
that they had never been acknowledged
by James G. Fair before Notary j. ].
Eooney, as claimed and that therefore
the Acknowledgements attached thereto
were also forgeries. AS to the third issue,
Judge Slack held that there was no evi-
Hence of a conspiracy existing between
Mrs. Craven, Mrs Haskins and Notary
Cooney which had for its object the loot
Ing Of the Fair estate except by infer
ence. He added:
There is absolutely no doubt in my
mind as to the guilt of the defendant of
the charges against her. It is absolutely
without doubt in my mind that the pencil
will and the republication letter of De-
cember 18th were forgeries. To any i'm
partial person who has given close at
tention to the evidence that fact must
be evident. I am convinced that the GER
tificates on the pencil will had NO exist
,ence at the time dated, and am con-
Hinced that they were not printed until
long after Senator Fairs death. The
evidence does not establish conspiracy
between the defendants except by re-
mote Inference"
The decision was evidently unex-
pected by the defendants counsel. who
asked for and obtained a stay of pro-
ceedings for thirty days
Nelther MRS. craven nor her daughter
were in court when the case was decided.
When questioned as to what, II any
action they proposed to take in the
premises, the plaintiffs attorneys de-
clined to discuss the subject at present,
The grand jury began today to inves-
tigate the genuineness of the famous
pencil will and deeds to Mrs Nettie r.
Craven alleged to have been written by
the late Senator James G. Fair.
Many witnesses have been subpoenaed
with view to the indictment Of Sam
Bartlett for perjury and the possible
fixing of the crime upon him. Among the
witnesses were Attorney r. b. Mitchell.
Myer Ruff, father of Attorney Ruff, a
Mrs. Marks, Daniel O'Connell and
Pawnbroker Heringler.
1t was expected that Mrs Craven
would be called, but she was not present.
The grand jury will resume the investl-
cation on Friday.