The San Francisco call., 1897-08-11
COOuEYS STORY
STILL UNSBAKBN
A Day Of Cross Examina-
tion Develops No
Sensations.
The Notary Positive That SEN
ator Fair Called on Him
in Person.
He Saws He Considered the Visit an
Ordinary Event Which Did Not
Unusually Impress Him.

Ex-Notary Public J. ]. Cooney, who on
September q, 1894, took the acknowledge
ment of the late Senator Fair to the two
deeds subsequently delivered to Mrs.
Nettie r. Craven, and over which
document there is so much bitter
litigation at present, occupied the
witness-stand throughout yesterday s
session in Judge Slack's court. And with
the exec ption OF the few moments re-
quired by the eminent attorney from New
York, Judge Curtis, to ask the closing
questions for the defense the witness
passed the day under crosse -examin alton.
Counsel for the Fair heirs have been
promising great disclosures on the batting
of this witness, but Yesterdays handling
of him resulted in little less than disap-
pointment and chagrin for them. Cooney's s
recital OF how Senator Fair appeared be-
fore him in person and acknowledged the
deeds was not shaken, and trifilng matters
that were seized upon as apparent discrep-
ancies were quite easily and satisfactorily
explained by him.
An immense crowd gathered in the
courtroom, evidently in expectation Of a
sensation. 1t, too, was disappointed.
There were some notaDes among them.
Superior Judge III. NJ. Albery of Colusa
was favored with a seat at the bench be-
side Judge Slack during the forenoon ses-
sion, while District Attorney Ernest Wey-
and of the same county contenled himself
with a chair beside Attorney Garret Nc
Enerney. Mr.. Weyand appeared en-
den, in the uniform of National Guard
lieutenant. Last, but not least, Lieuten-
ant-Gevernor Jeter dropped in to lend
tone to the scene and to shake hands all
around.
D. M. Delmas, the leading counsel for
the defense, was absent during the morn
ing session, but spent the latter half OF
the day among his associates. He did not
resume the reins, however leaving the
interests of his client TO Judge Curtis and
Attorneys Foote and Ruef.
When Cooney was recalled to the stand
Judge Curtis said he had but one or two
questions to ask and would not long de-
prive the other side of their much desired
opportunity for cross-examination.
''Mr. Cooney, you have testified that
you wrote the name of James 6. Fair in
the body of the acknowledge of the
you do that?"
'On September 27. 1884, replied the
witness.
Before or after Senator Fair acknowl-
edged the deeds?'
"That was after. But it was on the
same day and in the presence of Senator
Fair"
Attorney Foote. fo- the defense, sought
to have Cooney give some evidence that
would pave the way for the admission of
the deposition of Solomon Ducas, The real
estate man who saw Fair in Cooney's Of
flce. The court ruled out the matter, say
ing it could not be admissible until Ducas'
deposition had gone into evidence.
Then began the examination,
Attorney Mitchell doing the batting.
Cooney in response to the questions told
where be had rented offices prior to iocat-
Ing at ii Montgomery street, and how
Iona. he had been notary. Then he
admitted that he had never transacted
any business with Senator Fair other than
the acknowledgment OF the disputed
deeds.
Mitchell essayed TO make point out of
Cooney's statement that to his best recol-
lection Fair acknowledged the deeds in
the afternoon Of Septem ber 27 The attor-
ney produced a deposition given by ths
notary several months ago, and read
therefrom statement to the effect that
he did not know what time in the day
Fair called. But Cooney explained this
by saying that he was never positive
about the matter. It was only his best
recollection that Fair called in the after.
noon.
Juror Wightman asked the privilege OF
asking question of the witness.
did Senator Fair sign those deeds at
that time in your presence ?"
II don't think be did," replied the no.
tary. "Mv recollection is that they were
signed when he brought them in 10 me-"
Cooney was questioned by Mitchell as to
why he trimmed the edges off the ac-
knowledgment blanks he used in connec-
tion with the Fair deed S. The witness ex-
planned that he did it TO make the four
sides uniform. 1t was custom OF his 10
trim most of the acknowledgment blanks
to make them tit typewriter documents
He could not ber, off hand, Of any