The San Francisco call., 1897-06-25

Mrs. Craven. According to his story she
had this to say: II have a hard fight on
my hands The other side is going to
bring in all sorts of evidence against me,
and l am not going to have any conscien-
tious scruples either. l can say that you
were recommended to me by Governor
Budd or Mr.. Kelly. / can say that con-
suited you as to the legality of the deeds
and asked your advice about recording
them. You can testify to the same"
WAS Martin Kelly present during all
OF that conversational" asked Mr.. Wheeler.
Mr.. Foote declared that this was an at
tempt to force the defense to call Martin
Kelly to the witness-stand TO deny Ait
ken's story-that is if sit needed deny
ing" as Mr.. Foote sarcastically put it.
This last sally elected a roar of dlsap-
proval from the attorneys on the other
side. The court ruled that Aitken could
answer the question.
Aiken then went on to say that after
Mrs. Craven had shown him the deeds he
asked what was wanted of him. Martin
Kelly, he continued, suggested that they
"get down to business" and then it was
that he was told he was wanted for wit
ness for Mrs. Craven.
AItken confessed that he asked Mrs.
Craven and Mr.. Kelly what was in it
for him" and then there was a talk about
the value of the property covered by the
deeds, and also about a percentage COM
pensation.
Kelly, he said, proposed that a con-
tract be drawn up whereby Aitken was to
get per cent of every thing recovered,
James Cullen was to get per cent, Wit
ness Bonner per cent and himself per
cent The witness claimed also that
kelly's explanation for wanting compen-
sation himself was that he expected to
settle the case through Captain Lees, with
whom he was very thick"
In answer to further questions Aitken
said Mrs. Craven asked him 10 write out
statement of what he remembered about
the deeds, ana he agreed to do so as soon
as he received written request from her
to do so. He subsequently received the
letter.
Wheeler produced the letter and was
going TO offer 1t in evidence, when Mr..
Delmas asked for the privilege of askin 6
Al ken few questions for the purpose of
testing his positiVeness, and the request
vas granted.
'Will you swear that the letter handed
YOU by Miss Margaret Craven was from
Mrs. Nettis r. CravenP"
'I will not"
'Will you swear that the com munica-
zion you received was signed by Mrs. Net
tie X. Craven?"
II will not"
Mr.. Delmas thereupon asked that Ait
ken's evidence in regard to the letter De
stricken out, because it was based solely
upon inference.
Judge Curtis supported Mr.. Delmas'
motion with an able argument
Now it seems to me-" he said, 'that
the most essential and the most i'm portant
factor between the promises TO connect
the realization of the promises fails GER
tainly more signaIly than the day in the
human famlly-the same that reminds US
OF those missing links that have been lost.
Now we claim, if your Honor please, that
evidence of this character must be posi-
tive. Now either this person is a con-
spirator or he is not. For he is a con-
spirator uncorroborative and is worthless /;
he IS particeDs crlmins. If he is the
virtuous gentleman that is claimed"
The COURT shall have to stop you
and have you reserve your comments
on witnesses until the end of the case.
Judge Curtis-I beg your Honor's par
don. What we contend for is, and l am
sorry that l have in my seconds of zeal
gone over the rule-what we contend for is
that they must prove this branch of the
case with conclusiveness and nothing can
be taken by inference or intimation
The argument on this point brought up
from his respective chair nearly every
prominent attorney connected with the
case and it consumed nearly an hour.
The court finally ruled that Aitken's
have to be stricken out, as demanded by
the defense, for the reason that the wit
ness did not know whether the missive
was from Mrs. Craven or signed by her.
Mr.. Wheeler then asked the witness if,
subsequent TO his conversation with Mrs
Craven he received letter from the hand
of Miss Margaret Craven.
II did, " replied Aitken, after the obJec-
ton TO the question had been overruled.
rs this it2" asked Mr.. Wheeler, hand
ing the letter to the witness.
at IS, alter he had inspected it.
Continuing Aiken said that after he
left Mrs. Craven's house on the night th at
the lady made that corrupt" proposition
Martin Kelly accompanied him and they
had talk as they walked.
An argument cropped up as to whether
or not this Aitken-Kelly confab was ad-
missible and it lasted until court ad-
journed. There VIII be more of it this
morning.
The bridge at Montreal is nearly two
miles long.