The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1897-05-27
you will swear to it?" asked Mr.. Foote,


more, and Mr.. McEnerney quoted from
some body on "the rules of expert evil
dence."
"Oh, let's not waste so much time"
finally Interrupted Mr.. Foote. "l'lI with
draw the book"
Counsel for the estate breathed Sigh
of relief at this and resumed their seats.
Gumpel when on direct examination
testified that Senator Fair never left the
letter "a" open at the top, as it ap, cared
10 be in the disputed deeds, and Mr..
Foote now reminded him of that fact.
Gnmpel in TeIIy said he still adhered to
that opinion. The attorney then han ded
him letter written by the dead millio n
aire in 1894
rs the letter "a in Fairs signature to
that document open or closed?" asked
Mr.. Foote.
Its open." replied Gumpel.
''Ihen you will have to change your
opinion about Senator Fairs alleged
habit OF wiring closed as exclusively,
won't your"
This was objected to by the other side
and the expert was not compelled TO an
swer. He was, however. permitted to
demonstrate on the blackboard his theory
that even in writing an open "a" the Sem
ator used the same stroke and pen move
ment as he did in executing the closed
ones.
The capital letter "F' which begins the
word Fair" was next referred to by
Foote, and the experts attention called
TO tie fact that he had testified that the
letter was Invariably written IN two pieces
by Fair. A mum Der of the deceased let
ers were then shown to him, In whlcn
the IF" did not to all appearances bear
him out in his opinion.
Gumpers explanation OF this discrep-
ancy took a new turn, being TO the effect
that Fair really was addicted to seven dlf.
ferent habits relative to the execution OF
the letter IF" At the request OF counsel
he illustrated these varienes on the Dlack-
board. But in doing so he fell into trap
and got quite gruelling from the mercl-
less Foote before he got out OF 1t.
1t appears that he had already testihed
that in making his comparisons OF FAIR
writing he had rejected all letters or
'exem plars," as they are called IN court,
that were not written around or ABOUT
the time the millionaire is sad to nave
written the "pencil' will and deeds. He
had said he could not form any opinion
from writings that had been executed
several wears before 1894 But now, in
picking out those different habits OF writ
ing the letter IF" be resorted 10 one
letter written as lar back as 1880.
"Didn't you swear that you could
not get along with writings unless they
were contem poraneous with the date OF
the disputed documents?" asked Mr..
Foote.
well, 1 didn't look at this letter be-
FORE" sputtered Gumpal, who was now
growing quite excited.
Answer my question-didn't you swear
to that?"
This letter was not"
Didn't You swear to that. say?"
II don't remem ber-maybe / did,"
Don't you know you did ?"
81 guess So"
"Well, then, what do you mean now by
making use of a letter OF 1892"
Gum pei hesitaied and then said that he
had only picked up this particular letter
by accident.
This did not satisfy Mr.. Foote, either,
and he wanted to know whether or not
the expert had not assisted himself with
this letter to form a general opinion.
searched it for peculiarities in the let
ter ~
Then why didn't you tell us about
that before?" asked Mr.. Foote.
Because l thought you would ask me
about il" replied GumpeI. Il can't re-
member everything"
Ion, you though hit would tum BILE to it,
did your
Mr.. McEnerney objected to Mr.. Foote' s
tumbling propensitles, and that gentle
mans last question was stricken from the
record.
Before the letter IF" was dismissed. the
plaintiff attorneys were permitted to ask
Gumpel few questions the answers to
which would tend to put him in a better
light before the jury. But they only
served to make more trouble for him. He
was demonstrating again with the capital
'F'' on the black board, when Judge Den
son of the defen SEES line suddenly broke
in with a declaration that Gumpel was
purposelv exaggeratiug certain character
isiics of Fairs writing for the purpose Of
bols terlng his own evidence.
''This witness is resorting to trick to
deceive the jury" said Judge Denson
warmly in conclusion.
This charge was objected to and charac-
terized by Mr. Wheeler as misconduct"
but the court permitted it to stand.
Judge benson then stepped up to the
black board and pointed out the exaggera-
tons he had referred to for the benefit OF
the jury.
Mr.. Foote also called attention to an
'F'' that Gumpel had drawn on the board
in imitation of the one appearing in the
signature to the will. He wanted to know
if il was a correct reproduction, and Gum
pei said it was.
Now you have testified here that the
signature to the will possesses no lite OF
characteristics, said Mr.. Foote. Don't
you know as matter of fact that that
FL on the board is the iveliest one of the
whole band you have dra@n?"
Gumpel admitted that it was pretty
lively, but said that liveliness in writing
did not show life"
"Well, is that Fl alive or dead?" Der.
sis ted the attorney.
'1t's neither" said the expert.
"As matter of fact it's a good, lively
fat letter. now isn't il? ?"
Its fat enough said Gumpel, "but it
has no life"
The expert was released after this, but
there is some more OF the witness stand in
store for. him to-day.