The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1897-09-14

NAAos vi dfCA IdS won q LldI fiClOIY
IN the big tight for a portion of the mil
lions OF the late James G. Fair. Although
unable TO agree the jury in the famous
case supported the validity of the So
called pencil deeds by vote OF eight to
four throughout their deliberations. The
responsibility of deciding the controversy
now falls upon the shoulders of Judge
Slack in his capacity as chancellor.
For ten hours the jurors wTestled with
each other in vain. From start to finish
the vote was the same. While the lili-
gants and their attorneys paced the corri-
dors of the City Hall, the twelve men
whom Judge Slack has styled his 'con-
science" were balloting with but one re-
sut. Weary of their efforts to agree they
made known their troubles 10 the court
about 10 o'clock last night only to be sent
back to their room.
An hour later they returned with the
same com plsint. They told the court
that there was no possibility of their COM
ing to an agreement, and Judge Slack
after hearing he stories of several of the
Jurors took pity on them and discharged
them.
This was the way the vote stood
throughout the entire deli iberations of the
jury, with the exception of the first pal
lot, when two blank votes were cast:.
For Nrs. Craven-R. &. Naafti-
son. III. B. Burlingane. James
T.. Ford, Patrick Minehan, -.
r. NarfimOni. Louis Markus,
&. ID. Douglas. y. w. Patter-
SON .Hr.
For the Fair interesfs-W. n.
Tiffany. 4. -. ROsenbaum. Bar
ron Mich and James Wight
man.
The result of the deli bera tions of the
Jury was surprise to the attorneys for
the representatives OF the dead bonanza
king and his children. From the time
that the Judge compile ted his charge until
the news leaked out hat the jurors were
at loggerheads over the validity of Mrs.
Craven's claims, they were con hdent of
victory, or at least a majority vote.
The Craven forces seemed corresp spondingly
gloomy. The contract widows attorneys
kept to themselves and were evidently
prepared for the worst They would dis
cuss none of their intentions in the event
that the case went against them, in
marked contrast 70 the Fair forces, who,
confident OF victory, ridiculed any possi-
bilities that might hinge on an adverse
verdict
Although not of material value to her
so far as court of law is concerned, the
vote of the jury may have a material
bearing on the case. One more vote
would have given her verdict in accord
ance with the terms of the law re-
Gently passed which provides that
a three-ouarter vote shall be deemed
the voice of a jury. This result. of
course, would not necessarily have
been a complete victory for her,
as the cause was really tried in a court of
equity, Judge Slack sitting as the chan
cellor and the jury merely as an advisory
board to assist his conscience, as they say
in law. 1t would have remained with
him to either accept or reject any verdict
that the jury might have rendered.
Immediately upon the discharge of the
iurv determined effort was made by the
Fair attorneys TO wiring frc m Chancellor
Slack a decision. Attorney Mitchell led
the onslaught. which was bitterly opposed
bv Mrs. Craven's advisers. 1t may be
that they scented danger in this manner
of rushing affairs, for they called for time
quite vigorously, and succeeded in getting
morning at 10 O'Clock, when the opposing
forces will line up for battle before the
chancellor.
After the ginger and the excitement of
Saturday last the final hours of the fa-
mons case were as free from sensation as
a Sunday school session. There was the
usual curious and id e crowd thronging
the corridors at least an hour before the
courtroom opened. There was whole
flock of layers present to hear the charge
to the iury and dissect it between times.
The opposing attorneys, were out in big
force with the exec ption o: the "smasher. ="
Mrs. Craven and her daughter Margaret
and her son-in-law were among the inter
es:ed spectators.
Tne tension of the long, dreary trial,
which was at an end after ninety-two
days' hearing, was visible on the counte-
nances of Judge and jury. The lawyers.
100. had touch of latitude and spent the
minutes awaiting the arrival of the jury
in planning vacations at various resorts.
Notary Coonev, nervous aud excited,
haunted the courtroom until the hnal
word was heard from the jury. Mrs.
Craven was not quite SO impatient. Alter
it became evident that the jurors were
likely to spend the afternoon behind
closed doors she and her daughter re-