The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1897-08-10
NOTARY COONEY
NOW TESTIFIBS
BE SWears to the Genuine
ness of the Disputed
Acknowledgements.
Senator Fair Appeared Before
Him in Person and Took
the Usual Oath.
Mrs. Haskins' Siege on the Stand
Closes With Another Poke at
Attorney Wheeler.

Fbyer pencil Will, and who was present
when the deceased millionaire handed
| Mrs. Craven the deeds which are the cause
| of so m uch litigation just at present, took
| her departure from the vitnessstand in
| Judge Sack's court yesterday, and has
| pro badly seen the end OF the siege.
The lady's last hour in the chair de-
veloped nothing particularly new. Under
re-cross-examina by Attorney Wheeler
she had 10 give some additional details
| regarding the contest over her hus band s
| will. two years ago. She bad already
| testified that that will was in James Has
kins' handwriting, and what Wheeler
| wanted to know now was what proof she
had that such was the case. Her answer
was that she Yves familiar with the writ
ing Of her departed husband, and to the
best OF her belief the instrument was gen.
uIne.
Attorney Delmas, who, By the way,
spent but few minutes in cour ester
day, owing to pressing business in one Of
the Federal courts, offered an objection at
this iu nctuIe TO the reopening OF the Has
kins will contest Judge Slack agreed
with him and shut Wheeler of. nr.
DeImas then took his departure, and
throughout the remainder OF the day the
interests of the defense were looked after
actively By Judge Curtis, the celebrated
New York attorney, Judge benson and
LAWYER Ruef.
In answer to Wheeler Mrs. Hasklns
told all over again her experience with
that gentleman and MS then associate,
Reuben H. Lloyd, and she reiterated her
former assertion that despite the promises
OF the two attorneys 10 look after her IN
terests in the contest over her husbands
will, both deserted her alter they found
they would not need her as their witness
in the Fair case.
That finished the lady's evidence an
her place on the stand was taken BY Ms.
Margaret s. Cosack, who Is q profession al
nurse. Ms. Cosack attended Mrs. craven
while she was III al the Colonial Hotel II
/ Septem Der, 1891. Daring that time Sena-
| tor FAIR called to see the invalid.
Attorney Reuf asked for the privilege OF
Withdrawing Mrs. Co.ack from the stand
| ct the opening OF the afternoon session.
He explained that ne had been unable 10
| confer with M Delmas during recess ana
he aid not wish 10 bind his leader 10 any
thing SO i'm pOrtGnt IS this lacy's eylde nee
during MS aosence.
Mr.. Mitchell objected to the interrup-
tlon Of the testimony. but the court said
hat Mr.. Ruefs request was reasonable
. and readily granted IL
Solomon Ducas was then called to the
sand and sworn. He said he was real
estate agent and, in the latter part OF
1894 had an Office with o Farrell & Co. a:
II Mon .gomery street. Notary Public J.
J. Cooaey also had an office there 81 IN at
time.
DO you remember ever having seen
Senator Fair IN the O FsrreI Officer
asked Mr.. Ruef.
Attorneys Mitchell and McEnerney OBJ
iected because he question was too indef-
mite and the court ruled that the
question would have TO he narrowed down
BY calling fo- tae date.
The witness was asked directly whether
CT not ne had seen Senator Fair in The
office on Septem Der p, 1894.
Ducas said ne could not tx the exact
date.
Judge Curtis appealed 10 the court for
the privilege OF skiing the witness # he
did not see Senator Fair and Coouev to-
gether al any time in 1894. 1t was for the
jury to decide, he said, SIS TO the weight Of
this evidence IL this witness could saw
that he saw Sena Far sign paper and
take an oath in Cooney's presence il
would be link in tie line of differences.
1t was not the highest class CT evidence
when standing by itself, be admitted, but
when backed up by other testimony it
would certainly become potent
The court ruled that in its present con-
dition the desired showing was insdmiss-
ible because OF apparent irTeIevancy.
After a foundation had been laid By other
evidence the real estate man could come
in and tell as near as he could when be
saw Fair engaged with Cooney.
Mr.. Ruef made an effort 10 show by
Ducas that it was Notary Cooney's habit
to trim OF the edges OF his legal blanks,
just as the disputed Craven deed. are
trim med, but the court ruled that this
could not come in either.
Ducas was tnally asked If he knew
whether or not Cooney affixed any GER
tificaies of acknowledgements during the
month OF September 1894.
81 DON'T" he replied. Later be said be
had often seen Cooney attach his &C
knowledgnents 10 various papers bat be
could not remember the dates.
The court instructed the defense that
he could not admit Ducas' evidence about
seeing Fair with Cooney until other evil
dence had preceded it. Judge benson of
the &c ense said Ducas was about to leave
for the klondike, and IL was on tbs. &C
count that thew had called the gentleman
to the stand ''out of order" Ducas was
| determined TO go away. and the defense
was left in q rather awkward pTedicanent.
Judge Slack suggested the happy eIne
dent OF taking Mr.. Ducas' deposition then
and there, and all hands agreed TO the
proposition.
The jury was temporarily excused. ard
Ducas told what he knew unhampered
he said he had known Notary Coonev sir
or seven years. He did not tuink he had
seen The gentleman for a couple OF wears
He was not sure that he saw Cooney dur.
ing Sc ptem Der of 1894 He remember
seeing Senator Fair in Cooney's Office but
was not sure as 10 the time IL might
have been three months before the Sena.
tors death. In conclusion the witness
said he had seen Cooney trim the edees Of
his acknowledgment blanks with ruler
or pa per-cutier.
When the !7ry was recalled the de.ense
put James J. Cooney, the notary who
| Acknowledged the disputed deeds, on the
witnes.-stand. For the first time since
the great trial began Judge Curtis con.
Quoted the Questioning.
Mr.. Cooney said he was 80 years of ace
and native of San Francisco He was
unmarried. He served as a notary pu bic
from 1857 to the latter part OF 1894 recejv-
ing appointments from Governors Water
man and Markham. During the wear 1894
he had an office at IL MONTGOMERY strsei
with the real estate firm of J. J. OfFar-elI
d Co.
Did you know Senator Fair in his life
timer asked Judge Curtis.
II did, replNd Cooney.
n Hrn ID