The San Francisco call., 1897-10-10
Juror DAVIS
TALKED FREELY
W. H. Gagan Tells Of an
Interesting Converse
tion in June.
At That Time the Jacob z.
Davis VIII Case Was Still
Undetermined,
Attorneys knight and Heggerty
Believe They Have a Right to
Demand New Trial.

Preparations for reopening the Jacob u.
Davis will contest are being made by
George a. Knight and Charles J. Heg-
gerty, attorneys for the contestants. A
motion for a new trial is pending in Judge
Coffey's department of the Superior Court,
and in support of this motion two deposi-
tions were yesterday filed in the office of
the County Clerk.
The trial abounded in interesting cpl
sodes, one of The most noticeable being an
accusation by Mr.. Knight that Juror
Henry L. Davis had talked Improperly 20
w. II. Gagan about the case before ver-
dict was rendered. The objections bic
conversation grew out of the circum-
stance that George R. Maxwell, formerly
paying teller of the First National Bank,
was discharged because he testified that
be thought Alexander Boyd wrote the
document which was offered as the last
Will of Jacob T. Davis.
Notwithstanding MI Maxwelrs opinion
thus expressed a majority of the jury de-
clared The will 10 be genuine, and judg-
ment was given III favor Of Mrs. Belle Cur
It's and Miss Lizzie Muir, the benehClarles
mentioned IN the Will.
Mr.. Gagan deposes that he has known
Henry L. Davis for long time, and that
one day last June, while the Jacob Il.
Davis Will case was on trial, he met Mr..
Davis on Kearny street, and while they
were walking together Mr.. Davis re-
marked that he was on his way to the City
Hall, where he was sitting as one OF the
jurors IN the Davis will contest.
Mr.. Gagan responded: "Oh, that is the
case which lost my friend Maxwell his
position" He said: "Yes, Maxwell
talked too much and went too far. He
should not have accused any one."
Mr.. GaPaQ'S uenOsItIOn continues
follows:
Then I spoke of the unjustness of MaxwelPs
dismissal from the bank, and stated that
understood that he was examining the docu-
ment in the County Clerks office with Mr..
Mastick aud by the permission OF the presi-
dent OF the bank, and that while he was o en-
Fageq hen ne was seen s6 by Charles
their opponent did not call him, they con-
Guided TO use him as their witness, judging
that as he had not been called 10 testify as 10
the genuineness OF the signature he would be
good witness against it.
Mr.. Davis said that not the way, and
remarked that as juror he should not discuss
the case, but that as the dismissal OF Maxwell
from the bank was not part OF the case he
could talk about II. He then stated that Max
well and Charley Heggerty were old friends
and that friendship had great deal to do
with ii. He stated that Knight & Heggerty
had called Maxwell before MRstick had made
up his mind whether he wanted to use him or
not.
told Mr.. Davis that I did not think Max
well had enough experience in court to know
his rights, and when forced 10 answer q ques-
ton too console ntious to either DreYari-
cate or dodge the question.
We then walked along Market street and
Mr.. Davis went into Cooper's bookstore. l
felt that juror who knew whether an attor-
ney had or had not determined to call wit
ness knew more about the case than he heard
IN court and told George knight to look out
for him.
The reason 1 refused to make this affidavit
before was because when Mr.. Davis den led
m ab Z
case, understood from the papers that Judge
Coffey was going to investigate the natter in
court, and l preferred TO make my statement
in court and in the presence OF Mr.. Davis.
Charles NJ. Wilson, a half-orother of the
con testants, who was present during the
port OF the application for new
trial. He swears that during the
trial he saw Michael Flood, one of the
jurors, approach Michael Ryan and Rob
ert Muir in a dimly lighted corridor of
the City Hall and that he talked to them
In whispers, ''as deponent verify believes,
about the facts of said cause"
Mr.. Flood was called on to explain this
conduct before the close of tie trial anG
admitted that he did talk with Mr.. RYAN
and Mr.. Muir, adherents of the propo-
nentS of the will, but explained that he
only asked about the health OF Mrs Cur
tbs, who had tainted in court the day be-
fore. They told him she had been in a
precarious condition, but was recovering
Mr.. Wilson repeis the insinuation said
to have been suggested by Juror Henry L.
Davis, that Witness Maxwell testified
against the genuineness of the will be-
cause of his friendship for Charles ].
Heggerty, one OF the attorneys Tor the
contestants.
The motion for new trial will be
argued before Judge Coffev next Friday.