The San Francisco call., 1897-02-12
Opposing Attorneys Talk
. on the Issues in the
Suit.
The Notary's Attorneys Claim
That No Case Has Been
Made Out.
Judge Cook 10 Review Evidence and
Render Decision a Week
From Saturday.

The first chapter in the Cooney case
was completed yesterday. The lawyer.
concluded arguments and Magistrate Car
roll Cook promised decision week from
Saturday next.
1t was field day of legal rhetoric In
the morning Attorney George A. knight
as special prosecuting officer for Charles
l.. Fair, and Assistant District Attorney
Hosmer talked for the prosecution. In
the afternoon Attorney Patrick w. Reddy
had the floor in the interests of Cooney.
The closing scenes attracted q large
crowd. The issues were eaborately ar.
gued. There were references to the
IN athe M atical demonstration" the Fair
people had promised that the proofs OF
the Crocker notarial blanks of January 8.
1896, would correspond in the matter oi
detects with other flaws in the certificates
on the pencil deeds. Knight narrated q
chapter IN defense OF the possession OF
wealth and commenting the connection
OF Captain Lees with the case. Lengthy
legal decisions were also read.
Reddy talked of the seriousness OF a
perjury case, and the idea that the prose
Cution Of Cooney had a deeper motive tn an
his mere conviction.
Knight opened first. He had little to
say OF the details OF evidence. He was
anxious to defend the bringing OF the
action before a Judge of the Superior
Court, when the proceedings were pre-
lIminary. The reason was that the array
of legal talent engaged for Cooney would
have dazzled and confused an ordinary
Police Magistrate.
"Imagine my learned friend Judge
Cam pbell or my friend Judge Joac chimsen
turning from an ordinary morning work
and hearing the hairs splitting argum ents
of the attorneys on the other side" he
said. There was more in the same strain.
1t was his idea that the Fair people had
produced the one witness necessary to
jsubstanuate a charge OF perjury.
ave say" he said in conclusion, that
the prosecution has shown that it is abso-
Iutely impossible that on September d,
1S94,'th defendant could have attached
10 the pencil deeds his notarial certih-
cate"
Hosmer devoted his time 10 comparing
and enumerating IN detail the Topographic
cal defects IN the Crocker blanks and the
similarity existing between them and
others in the CoOney certificates on the
Ieucil deeds. Technical argument on the
evidence necessary 10 secure conviction
on charge OF perjury followed.
II was the central idea in the reply of
Re dy that there was no case made out
against Cooney.
Your Honor would not bind a man over
on testimony as disconnected as has been
offered here" he began. you and | and
4 all know the power of money. | am not
1 tnding fault vita that power or the pos
session Of il, but simply calling 10 your
! attention he fact that il does exist The
theory has been advanced, or rather the
lnunation has been made, that there is
an absent witness, and that when this case
would be resumed in the Superior Court
more evidence would De forthcoming.
The prosecution here is not holding back
anythih Is it going TO be said that
Captain Lees has left out something from
this case? | am pleased to say. in my
praise of Captain Lees, that it is improb.
able that he has left anyth ng undone.
At least l do not believe that be mas.
ut is serious thing 10 accuse q man Of
perjury, but il is more serious still when
detectives and microscopes are hired al
every turn TO accomplish this purpose"
Reddy then b-2an to analyze the eyj.
.. denCe OF Herbert Clarke, who was Fair,
valet The attorney for Cooney said
Clarke was the one witness the prosecution
had relied on TO effect a convic ton.
"ClarKe admitted that it would hav,
been possible for Fair TO visit Coonev'
office" said Reddy, when be said tina
Fair was able TO attend a meeting OF tn
Mutual Bank directors"
Magistrate Cook said he would 20 owe
the-details OF the evidence al once, ant
promised a written opinion, owing to tn
importance OF the issues involved.