The San Francisco call., 1897-03-14
ATTORNEY WHEELER PREFERRED
TO Be MODESTLY SILENT
Vainly but Industriously He Squrmed and Wriggled
in Futile Effort to Escape the
Witness Chair.

replied, were not material to the case.
'Now, If your Honor please" he said,
''what is this case? We have found out
at last some one who knows all about this
case. There have been accusations of
criminal acts which were palpably and
demonstra bly, false. Such was the state
ment made here yesterday that the depo-
sition of Mrs. Craven had not been OBJ.
tanned and could not be obtained. :
"Time after time have the attorneys for
the executors asked for and obtained
continuances in this case. One. con-
tinuance was granted on the ground of
Mr.. Persons absence from the City. At
that time counsel gave their word that
they would seek no further continuance.
Yet when that continuance was over, in
direct conflict with their promises, they
sought for and obtained another delay,
ana at the expiration of that continuance
they again came into court and were
granted more time.
'We have looked forward to next Mon
day as the time when these slanderers
would be brought to the bar to tell what
they know, and that no longer they would
depend on the vaporing columns of the
press; and now another delay Is threat
ened by the fling of an intervention by
claimant to one-s third of the properly in
question. When this matter is deter
mined another one OF those convenient
offspring will come forward and file his
Intervention. Thus it is proposed to con-
tinue the matter from day to day, from
month to month, from year to year.
''After all rumors, after all falsehoods,
after magistrates, courts and Grand Juries
had been resorted to we at last thought
these rumors would be brought to the bar
next Monday.
"When to our joy, when to our great
amazement, We found one person in the
City who knew these deeds to be forged,
who knew of the conspiracy to deiraud
the dead and despoil the Hving-when
We knew there was such an omniscient
being. as soon as we could get the papers
together we said to him, Come forward,
tell what you know and let this case slink
away into the criminal courts And now
who is it that sinks away and seeks to
avoid telling the truth? Is it US?
1--WE hope to be able to show when the
time comes what there is in this interven.
ton. but we insist upon our rights to take
this Intervention now, and upon our
rights we most earnestly insist"
Reuben 81. Lloyd in response to Mr..
Deimas said that the statement of Mr..
Deimas showed the justice of Mr.. Wheeler s
contention, as he admitted that the pur-
pose of the deposition was not germane to
the question of Intervention. He denied
that there was any desire on the part of
the plain tiffs to delay the case, and averred
that they would be ready for trial on Mon
day morning. He explained that Charles
s. Wheeler verified the complaint from
information as an attorney. He read
copious extracts from the code. which he
represented we're defensive Of an attorney
swearing to matters of which be has no
personal belief.
w. w. Foote responded to Mr.. Lloyd
BE asserted that Mr.. Wheeler had not
sworn on information and belief, but had
sworn that the. state tements were true of his
own knowledge. 'It is all broad posi-
tive state ment," he said. ''If Mr.. Charles
S. Wheeler knows Of his own knowledge
that this Is conspiracy and frau1 we
want to know ii that we may Withdraw,
but we don't want Charles s. Wheeler and
we don't want Reuben 81. Lloyd to hide
behind the petticoat OF their client to make
such statements as are contained in that
affidavit. We know they have not the
facts to prove q conspiracy. We don't
want Mr.. Wheeler to 60 upon the stand to
prove these deeds are false, but we want
him to swear that he doesn't know any.
thing about whether they are forged or
not. And we think we are entitled to that
as matter of justice"
Mr.. Wheeler asked permission to make
personal statement. He then stated
that he had verified the complaint as at
torney, following what he considered a
legal and justifabIe procedure under the
circumstances. He stated that at the
proper time he was ready to take the wit
ness chair, but be asked tins to examine
authorities to see what his rights were
under the circumstances.
"Imarvel at the request made by the
Witness" said Mr.. Delmas. yesterday
afternoon be knew the truth and swore to
it. He swore upon his own knowledge
that he knew this was conspiracy. He
swore upon his own knowledge that a
fraudulent certificate had been affixed to
each deed. And now, within twenty-four
hours, he wants time. For what? To tell
the truth?
.Let US know what new light has
dawned upon the counsel which has so
changed the character of Mrs. Nettie Cra-
ven. whom they once saw as highly re-
spected lady and a friend of Jane. G.
Fair. What new knowledge have they
acquired concerning the pencil deeds since
my friend Reuben Lloyd brought them
down from the mountain, like the great
laweiver, brought and presented them
with as much dignity?
sit is not necessary for time in which
TO read authorities to tell the truth. Now
we have found the man Knows all about
it let us have the precious truth that lies in
his breast. Is it not possible that while
be is looking over authorities some great
calamity might overcome him and Vir-
gina Fair would thus be deprived of the
one man who knows all about it? We are
apprehensive, II they are not. We want
to know the truth, and We want to know
1t quick"
Judge Slack held that the notice was
sufficient, and Mr.. Wheeler would have to
take the stand, but he allowed him until
Monday at 10 o'clock to examine authori-
ties. as he had requested.
The motion to strike out the petition in
was then taken up. This
matter is OF great Importance to the
as the petition, if granted.
would make the case an equitable one.
and ~ wsu ar0ued mioht donriva <h>