The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-09-15
BOTH ARE F||RGER|ES
Will and Republication Letter
III AnguS-Crayen Case.
JUDGE BLACK VERY PLAIN
About All the Evidence In For the
Figel Case-Leon Hill Sentenced
In the Presence Of His Parents
and Sweetheart, the Latter Car
ried From Court In a swcon-
Bogus Duke and Duchess.

San Francisco, Sept 1.-THE famous
executors and hairs 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 Mission
streets, valued at s1,ooo,oo0, was finally
decided today by Superior Judge Slack,
sitting as a chancellor in equity
For five long months the trial of the
case dragged along before a jury to
whom it was finally submitted upon
three decisive issues yesterday, but af-
ter wrangling for ten hours that body
announced its inability to agree upon
a verdict ard was discharged by the
court late last night. Judge Slack in
timated that he had reached his deci-
sion at that time, but at the urgent re-
quest of counsel for the defendant, de-
ferred rendering it Until today. When
the case was called the court room
was packed to suffcatlon with lawyers
and others interested in the result of
the litigation and the closing scene in
the legal drama was awaited with I'M
usual interest
MIR MITCHELL OPENS.
Attorney r. B. Mitchell on behalf of
the plaintiffs. opened the proceedings
by Offering to submit the case for de-
cision by the court as a chancellor in
equity D. NJ. Delmas, on behalf of the
defendant, contended that the issues
before the court. were not equitable is
sues, and although Judge Slack had
oVerruled this 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 chan
Gerry, arguing that since the court had
decided that the defendant was enti-
tied 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 sup
plemented the appeals of his conferees
for another jury trial, but the court
was deaf to them all and curtailed the
arguments. Judge Slack thereupon
rendered his decision to the effect that
the pencil deeds, purporting to have
been signed by James G. Fair. by
means of which Mrs Craven sought
to sustain her title to the property in
controversy, were forgeries, and that
they had never been acknowledged by
James C. Fair before Notary Cooney,
as claimed and that therefore, the
acknowledgements attached thereto
were forgeries. AS to the third issue,
Judge Slack held that there was no
evidence of q conspiracy existing DE-
tween Mrs. PaVen, Mrs. Hadkirs and
Notary Cooney which had for its oh
ject the looting of the Fair estate. eX-
cept by inference. The decision was
evidently unexpected by the defend
ants counsel who asked for and OBJ
tanned a stay of proceedings for so
days.
WE'RE NOT IN COURT.
Neither Mrs. Craven nor her
daughter was in court when the case
was decided. When questioned as to
what, if any, action they proposed TO
take in the premises. the plaintiffs at
torneys declined to discuss the sub
ject. but it is generally believed that
the grand jury now in session will take
the matter up Immediately.
Expressing regret that the jury had
not giYen him the assistance he eX-
pected. Judge Slack said: There is alb
solutely no doubt in my mind as to the
guilt of the defendant Of the charges
against her 1t is absolutely without
doubt in my mind the pencil Will and
the republication letter of Dec. 10 are
forgeries. To any impartial person who
has given close attention TO the eV1-
dence that fact must be evident 1 am
convinced that the certificates on the
pencil viii had no existence at the time
they are dated. and am convinced they
were not printed until long after Sena-
tor Fairs death. The evidence does
not establish a conspiracy between the
defendants except by remote Interior
ence-"
GRAND JURY INVESTIGATION.
The grand jury began today to in
Vestigate the genuineness Of the famous
pencil viii ana deeds to Mrs. Nettie r.
Craven, alleged to have been written
by the date Senator James G. Fair.
Many witnesses have been subpoenaed
with view to the indictment of S. NJ
Bartlett for perjury and the possible
fixing of the crime upon him. Among
the witnesses were Attorney r. 3.
Mitchell, Never Rueff. father of At
torney Rueff, q Mrs. Marks, Daniel
O'Connell and Pawnbroker Heringler.
It was expected that Mrs. Craven
would be called. but she was not pres
ent. The grand jury viii resume the
investigation on Friday.