The San Francisco call., 1897-08-28

saw Mr.: Fair again standing at the same place
where had first seen him"
said, "Can you fix the date?' He said,
mo. except it was the last day [ had to an
swer in that case" I said, "About when was
that?' He said, ,"Oh, some time in Septembe
1894, week or so before ] moved out of the
house, and l moved on October 3. When l
could not get the time from the real estate
man sent down TO my al torney's office and
we went out together to Judge Hebbard, and
we got five days on thatvery day..
asked him what the name OF the case was
and he told me, and l went out to the City
Hail, and TO my amazement and satisfaction
found that the case showed that his time to
answer was up on the very day when Cooney
acknowledged Fairs signature, but not only
that, but the order extending time was dated
and fled on the same day, and that the fiji
davit OF the service OF summons had baen
signed before Cooney himself on that very day
had lett Barrett in charge OF one OF my clerks
to be detained until l could verify his stat
ments by the records. After | had satisfied
myself from an examination OF the files that
his statements were true l returned mmedi-
ately to the office and took his statements OF
the facts in writing and he signed it.
In that sta temenI he testified to exactly the
same facts of which he gave evidence when
called to the witness-stand. He made SINH
lar statement to Judge benson, one of my
associate counsel. some time in the month OF
May or June, and on the day beforr he went
on the stand to testify he made a similar state
ment again to Messrs. Delmas and benson
and myself. He then testified TO the facts
exactly as they occurred aud was corrobo-
rated by the records of which we had taken
certified copies before that time.
day or TWO after he testified he came to the
Office and stated that peop connected with
the opposing side in this case had offered him
q large sum OF money 10 make a statement TO
the effect that his evidence was incorrect and
that he was not positive of having seen Fair
on the day mentioned as stated by him. He
asserted that he had been offered $4,000 in
cash to make such statement and 10 leave
the City, and that an appointment had been
made for him TO meet Mr. Lloyd, one of the at
torneys for the opposing side, at 3 80 O'Clock
that afternoon.
He asked me what to do in the matter
advised him to have nothing to do with it, but
upon reflection suggested that 1t might be
possible TO establish himself we'll in the eyes
uf the entire munity as an honest man 10
assist US the case and at the same time
make that $4,000 if he would aid in exposing
the plan OF the other people. He agreed to do
this, and returned shortly sfterward with the
statement that he had made an appointment
for 8 O'Clock that evening with Mr.. Lloyd or
his representative. He also said during the
day that he had been offered 500 if
Wheeler. l tod him to be careful
about the thing, and that If he were going
into the matter and intended TO follow 1t up
to be sure to make some sta iement in advance
so that he would be protected in the case, if
the matter should succeed. This he agreed TO
do. On the next day he informed me that he
had not met Mr. Lloyd, as per appointment,
but had met him on the street, and that Mr..
Lloyd had invited him 10 his office, but that
he had informed Mr.. Lloyd that he preferred
to meet him at some other place. His object
was TO secure the deposit of the sum OF $4,000
in the hands of some friend of his, with whom
he would leave statement admitting every
CT me in the decalogue ii necessary, which
statement was 20 be exchanged for the money
as soon he could make arrangements to
leave the City.
This morning he met me in the corridor in
the City Hall and informed me that he was
going on the stand at the suggestion of the
other people, but that / knew what questions
to ask him, and that he would give answers
which would show them that they could not
in timidate him by their threats and that he
would stick to the truth. He also so stated to
other persons in the corridor, and during the
short recess in the afternoon stepped up to
me and said that his testimony would be to
the effect stated by him in the morning.
In his testimony on the wftness-Stand TO-
day ne stated that he had been at Mr.. Lloyd's
there this morning. and had met Mr..
Mitchell and Mr.. Lloyd there; that he had
met Detective John Seymour in the corri-
dor of the City Hall, and had gone to
lunch with Detective Curtin, who is in
the employ of the Fair people, and that
after ne had these interviews with them.
He also stated that he had received no
consideration from anybody on our side for
his testimony In the Gaze, and no promise of
anything until after his testimony had been
given, at which time he stated that had
suggested to him that a reasonable fee for his
services would be the sum of $4,000.
never made him any such statement, never
offered to him any money and never promised
or agreed TO pay him any money, nor has any
body else connected with our side of the case
to my knowledge. Why he made the change
false upon its face-may be left to the imagi-
nation of any one who considers it.