The San Francisco call., 1897-11-02
DAVIS DISPUTES
WILLIAM GAGAN
Difference of Memory in
Regard to a Conver-
sation.
Maxwell's Discharge Because of
His Testimony Under
Discussion.
Important Steps in the Motion for
New Trial of the Jacob e.
Davis Will Contest.

Heggerty filed an affidavit, signed by w.
H. Gagan, in support of their motion for
a new trial in the jacob q Davis will con-
test. In that affidavit Mr.. Gagan related
conversation which, he said, took place
between him and Henry L. Davis, a men,
Der OF the jury i'm paneled to try the will
case in Judge Coffey's court.
Mr.. Gagan's statements seemed to cast
reflection on Mr.. Davis understanding
OF his duty as Juror and to this imputa-
ton he has made answer.
In an affidavit sworn to by Mr.. Davis
he says:
am, and at all the times herei natter men,
tioned was. resident and citizen OF the city
and county OF San Francisco, Stale Of Califor-
MIA. and during the months of June, July and
August, 1897, temporarily resided at PaIo
Alto, in the coun ty of San Mateo, State Of Cal
iiornia.
/ know William Il. Gagan. About two years
ago was mem ber OF he Gland Jury of the
ely and county OF San Francisco, OF which
jury the said Gagan foreman. From that
time until the meetings hereinafter referred
10 d I'd iot speak TO the said Gagan but once
or twice, and then only 10 greet MIN without
any conversation.
During the trial of the contest OF the will OF
jacob u. DAVIS, on the day when the witness
George X. Z. Maxwell testified, aud at aDout
halfpast of said day, l was walking soutn-
urIy along the east side of Montgomery street,
IN roat OF the Nils building. going to the
City Hall TO take my place in the jury-boX at
the said trial. and | saw the said Gagan turn
into the ives side OF Montgomery street from
Bush street. He then caught sight OF me ind
deliberately crossed the street. diagoually 10
intercept me. He stopped me in front OF the
Mills building and asked me how l was get
ting along. replied that was on a jury in
Judge CoHeys court; that had beea there a
long time; tnat WAS tired. and that it was
getting 10 be hardship. Thereupou the said
Gagan said: II hear you had sensation in
that court this morning"
Ireplled yes and that l felt very sorry for
the young man who testified in the morning
session, because he would probably lose his
position. This conversation between said ia
gan and myself did not last over minute
aud was the only conversation that / ever had
with him in which the said contest or any
thing Connected Herewith was referred TO.
then left the said Gagau and have not seen
him since, except when he rode on horseback
to my temporary residence a. Palo Alto, be-
lore the conclusion OF said trial, and called
upon me, with what intent do not know.
aid not meet the said Gagan OF Kearny
street or elsewhere during the sad trial. eX-
cept US above stated. | did not any time
joke with him about irving IS juror. did
not say or state 10 the sa GHgan or any per-
son that The said Maxwell talked 100 much. or
went 100 lar, or any ming concerning said
Maxwell, except as herelnu before stated. The
SAID GaSan did not speak TO me OF he un just
ness of MaxwelPs dismissal from The bank, or
state that he understood that he. Maxwell,
Clerks Office with Mr.. Mastick and by pc rmis-
sion OF the president of the bank or otherwise,
or that while he, Maxwell, was so engaged he
was seen By Charlie Hcggerty, nor dld the said
Gagan >peak state to me tnat when Knight
& Heggerty found their opponent did not call
the said Maxwell they concluded to use him
MS their witness, Judging that as he had not
been called 10 testify as to the genuineness of
the signature, ne would be a good witness
against ii, nor did he state OF say any thing OF
such intent or meaning.
| six years Deputy and Under Sheriff of the City
| and County OF San Francesca, State OF Cali
fornIa, aad had charge OF the jurles in differ
ent courts, ana l have many times served
! uIon jurles in the said city and county and
| elsewhere, ana | would not, under any cir
cumstances, have allowed the said Gagan or
| any one else TO state or speak 10 me the words
| which the said Gagan Ill his affidavit says he
! spoke or stated.
| l did not stale say to the said Gagan that
i | could talk about MaXwelPs dismissal from
! the bank. | did not stale or say TO the said
! Gagan or any one else that the said Maxwell
and Charley Heggerty were old friends, and
| that friendship had good deal to do with ii,
| or that knight & Heggerty did Call Maxwell
| before Mastick had made up his mind whether
he wanted to use him Max xwell) or not.
The said Gagan never, al any lime stated or
| said 10 me or IN my presence that he did not
| think Maxwell had enough experience in
court to know his rights, and wnen forced to
answer question was too conscientious
| either to prevaricate or dodge the question.
| never at any time walked along Market
| street with the said gan and never at any
time went INTO Cooper's bookstore TO my
knowledge, and, until told b. Mr.. George
Mastick on Saturday, the % day of October
1897, did not know where Cooper's book
store is
l could not have stated to said Gagan that
said Maxwell and Charles Heggerty were old
friends and that friendship had good deal
10 do with II, for the reason that did not and
do not now know that Maxwell and Heggerty
were or are friends, and / could not have
stated to said Gagan that knight & Heg-
gerty had called Maxwell before Mastlck had
made up his mind whether he wanted TO use
him or not, for the reason that the contestants
opened on the said trial and called said Max
well as Witness and the respondents for
whom Mastiek was attorney, until long after
had not an opportunity to call any witnesses.
This coHfict of memory between Mr..
Gagan and Mr.. DAVIS Will be made the
subject OF further investigation next
month, when the motion for new trial
is ed in Judge Coffey's court