The San Francisco call., 1897-02-27

Honor, whether we would surely go on
with the trial of the case on the day it was
next set for; that they desired to know. as
they would apply for no further continu-
ance, and wished to be informed whether
we would. Mr.. McEnerney was informed
that we were ready then, as we always
had been, to try the case whenever it was
called.
II will state further as a part of my
statement, before my friend commences,
that 1t is matter of public notoriety that
has been given wide circulation In the
news papers, that the lack of merit in this
case and the fraudulent character OF the
legal instruments, the deeds upon which
Mrs. Craven relies, is 50 plain that 1t
amounts to a mathematical and ocular
demonstration, and that being so, there
could be no great difficulty, and 1t would
require no great preparation and no very
great legal ability to demonstrate so plain
proposition"
McEnerney in reply graciousiy admit
ted that Pierson was boss of the show on
his side fthe house. He represented Ex-
ecutor Goodfellow, while Pierson repre-
sented Executors Angus and Crothers,
and it was a case of the majority con-
trolling. He would appeal for delay on
the ground of pure and sim pie humanity.
Now 1 will say to your Honor, said
Delmas in reply, THAT l am happy to
state that the relations which have eX-
listed between myself and the gentlemen
who represent the plaintiffs in this case
have been marked throughout l think |
may safely say, on both sides with the
utmost courtesy, and have been exceed
ingly pleasant and agreeable, and l have
no doubt will continue so to the end, no
matter what may be the other animosities
;hat may be engendered by the trial of a
case of this kind.
But we never have wished for delay.
We are under fire and accusations and
criminal prosecutions, and Grand Juries
invited 10 make manifest our guilt and so
forth. We are ready to be tried. We are
anxious 10 be tried. We do not want to
be tried before a Grand Jury upon an ex
parte proceeding. We want to be tried in
court openly, where we can be heard as
we'll as the other side. And l DO not
think-your Honor certainly would not
have granted a continuance on account of
Mr.. Persons absence, your Honor could
not have granted it ii Mr.. Pierson had alb
sented himself knowing that this case was
set for trial. Indeed, if your Honor
please, it lad been set for trial by mutual
consent ana to suit the convenience OF all
parties.
at would have suited the convenience
of both Mr.. Mitchell's firm and my own
to have tried it here in January. 1t did
not suit that of Mr.. McEnerney, who had
other engagements. 1t was set by consent
for the I'd of February. Your Honor we'll
knows that with we attorneys somewhat
busy the preparation of a case OF this kind
necessitates the suspension of other work,
the subordination of other engagements,
and that when counsel have made their
arrangements to try a case to have it
unhinged and set adrIft is a great annoy
ance-a great disturbance TO the whole
business of their Office and their personal
convenience. Were l not entirely salts
fed that during the two weeks which are
asked for there will be nothing done in
this case that cannot be done fully as we'll
by counsel now present rs by any body
else, 1t might be different proposition.
But what will there be done during
those two weeks? The jury will be en-
paneled-it will take probably a week TO
get Jury in a case that has attracted so
much attention; it will take us a week
and more, doubtless, 10 put in our case.
Counsel are certainly competent to cross
examine our witnesses. Mr.. McEnerney
certainly is; Mr.. Mitchell certainly is.
And at the end of two weeks Mr.. Pierson
can take his place at the trial-table and
proceed without any inconvenience, with
out any loss TO any body.
I'VE wish to go to trial, if your Honor
please, before by this decimating process
of criminal prosecution and Grand Jury
indictments our witnesses have all been
crippled and DETAINED. That is what we
wish. We wish them TO appear here in
this court where they can be examined at
length And if. as has been stated, their
guilt is SO manifest that it is provable be-
yond a reasonable doubt, so as 10 satisfy
the exigencies OF even criminal law, what
difficulty is there in making their guilt
manifest in this court as well as any
oiher?i
Mitchell in reply said he had endeavored
to live up to his agreement. 1t was not
his fault that Pierson was sick. Nc
Enerney added a similar plea.
Here W. W. Foote proceeded to get in
word, and it did not tend 10 throw any oil
on the troubled waters.
This Is a civil case," began Foote,
pending before your Honor, but it is be-
ing tried in other tribunals, as your Honor
must well know. The machinery of the
Superior Court has been disiointed, as it
were, and been turned into a committing
magistrates court for what purpose /
know not, and l do not charge it upon
either of these gentlemen, but for the pur-
pose OF trying the civil case in that GRIM
inal proceeding. The detective force of
this City has been brought into that GRIM
lnal case for the purpose, as | believe, of
damaging us in this civil case. The Grand
jury has been invoked, and even now our
principal witness, who has the custody of
these deeds, is under subpoena TO produce
these deeds before the Grand Jury this
afternoon,
ut has been intimated time and time
again that these deeds would not be pro-
duced here when called for in this civil
case. We do not know what will become
OF them If every outside and otficious
person is permitted to handle these
deeds, whether they will be lost or de-
stroyed or mutilated. We desire TO try
this case now, if your Honor please, now
when it is set, for the very reason that we
do not desire to be hampered further. 1t
has been stated, and we have generally
understood, that the purpose of these
criminal proceedings was to intim idate
witnesses whom we desire to produce.
Your Honor must recognize, from your
experience as a man, that where witnesses
who swear to certain facts are dragged up
and prosecuted before the Superior Court
Tor perjury, where they are held for per-
Jury and where that does not seem to be
sufficient. the Grand Jury is dragged into
the Superior Court and instructed TO do
certain things, that some OF our witnesses
might naturally be intimidated. We have
no chance in the Grand Jury room. 1t is
secret tribunal, an inquisitoral tri-
bunai. Our main witness, or at least one
OF them, Mr.. Roberts, will be there this
afternoon without the protection of coun-
sci and with the power of the State op-
posed to him.
1--WE want to try this case in your
Honor's court where we know we will get
JUS tice in civil proceeding, before twelve
Jurors in that box, who will only hear
sworn testimony, and where we will have
an opportunity of protecting our wit
neSses and We inui fa ~ -