The San Francisco call., 1897-06-10
THEY WANT TO
TRY HIM OUT
Mrs. Craven's Attorneys
Question Witness Stan
ford's Competency.
Appeals for the Privilege OF
Putting Him TO a Crucial
Ply sical Test.
This Is Considered by the Defense as
One cf the Most Important Issues
Developed in the Trial.

A serious question has arisen in the
Fair Craven litigation--a question of vital
importance 10 Mrs. Netlie Craven's de-
fense against the charges OF forgery hurled
by the Fair executors at the deeds she
holds to valuable property, inventoried as
part OF the late millionaire miners es-
tate.
Has not the defense the right to ascer-
tain, by physical and crucial test, whether
a witness who has assailed her claims
knows actually whereof he speaks2
That's ii. Long and earnest arguments
were evoked by reason of a dispute over
this point-arguments that will be heard
again at to-day's session and which will
appeal to Judge Slack for a most impor-
| tant decision.
1t came about when Clerk Stanford of
the ii. S. Croker Companv's legal blank
department, was recalled to the witness
stand to identify the contents of four vol
umes of legal blank samples printed by
his employers. Manager Crocker of the
stationery firm could not, it will be re-
me m bered, recognize these exhibits be-
cause he did not have the actual handling
OF them. So it was that Stanford was sent
for. This curly headed young man es-
saved at first some Positiveness in his
identification, basing it upon the fact that
away back in 1889 he had gathered up
some blanks 10 be bound; but when
pinned down to proposition involving
his own knowledge, while under cross
exa mination by Attorney D. Nj. Delmas,
he was not so certain.
At all events an effort was made 10
locate Stanford in the matter of his ability
to recognize Crocker notarial blank. Mr..
| Dolr IaA ~ hat 20 ba
ons of the ordinary acknowled gment
blanks printed by his house ana asked if
he was willing to swear that it really was
printed there-and this is what stirred up
the whole d scussion.
Messrs. McEnerney and Wheeler, repre-
senting the piaintlff+ objected to the test
| on the ground that Stanford was not pos
/ ing as an expert and was identifying
| blanks simply 10 the best OF his knowledge.
| Mr.. Delmas replied at length. He was
| earnest, eloquent and convincing. STAN
| ford's identification of one particular
blank contained in those volumes was
| be said, the only real bit of reel eVide nee
! the plaintiffs had adduced-the only cob
web upon which they could hang their
| serious charges if cobweb it was at all
| The fates of several people depended upon
the outcome OF a trial which relied for an
| adverse verdict substantially upon one
mans self-claimed ability to identify a
]
the defense not the right toIshow, whether
| or not this one man was competent to
| give such evidence, he asked.
Counsel INDUCED In hypothesis. Sup
pose a witness should testify positively
! that the man who had murdered his
| friend wore a blue coat, and then suppose
this witness were handed a red coat and
he pronounced it the same blue coat the
| alleged murderer wore, would not the de-
tense have the tight to show this in
court-to show that the witness was color
blind and did not know what he was talk
ing about2 Drawing another comparison
Mr.. DeimaS supposed that a man had
| sworn that he lad seen q tiger, and he
asked if it would not be permissible to
confront him with a panther and inquire
| of him il this was the animal he saw.
An identical situation, said counsel.
| was at hand. Stanford had identified a
| Crocker notarial blank. Why, be asked
could not the defense place before him
| another blank and ascertain if he could
recognize that, too?
1t was a vial point and Judge Slack
| evinced no desire to give a decision off
hand. Before he would listen 10 the argu-
ments of the other side against Nj. Del
mas position he adjourned court over
until this morning and told them he
would hear them then. In the meantime
he will delvc into his books for light.
Tue plaintiffs in consequence of this
! argument, as we'll as an apparent lack of
desire TO hurry, did not close their case
yesterday as Mr.. McEnerney had prom
ised. They may finish up to-day and
they may not
Herbert Clarke, the man of marvellous
] memory, resumed the witness-stand al
the outset of yesterday mornings proceed
ings for further cross-examination. He
was questioned az length by Mr.. Delm as
as to the details of his movements and his
.arrfS IN aFrlra fhn laf
| Fairs valet in the month of Septem Der
1894 He wanted TO know particularly
about The visit 10 San Rafael.
Mr.. Delmas was care. ul to pilot Clarke
along every foot of ground that the valet
has heretofore testified TO with go much
attention TO detail as having been traversed
by himself and Senator Fair during the
six days in San Rafael-those days on
| which it is so i'm portant for the plaintiffs
10 prove the Senator stayed across the bay
| so as not to be at Mrs. Craven's residence
| presenting her with deeds aud writing out
| pencil wills.
Clarke kept on the old paths rather
closely. Coming down to the oath of Sep
tember, he remem bered that the Senator
| went out riding in Gilligan's hack in the
| afternoon, going toward The convent.
| While the millionaire was away the wit
| ness devoted his time 10 packing up, pre-
para ory to leaving for San Francisco the
| following day.
| Mr. Delmas was curious 20 know som e.
| thing about the two valises Clarke packed.
| and found out that tie Senator's was a
| gigantic affair containing mixture OF
underwear, perfume, toilet articles, bot
tie s of strontium, capsules, bay rum, col
| lar-Duttons and volumes of the Arabian
| Nights. And after this recital the ''gen-
tleman's gentleman" was allowed to go.
| J. r. Wood, n clerk iii the Crocker-
| NEW TO-DAY