The San Francisco call., 1897-06-03
Attorney Foote, the Intrepid
Cross Examiner, Has the
Expert in Hand.
Admissions aud Omissions That
Will Materially Support Mrs.
Craven's Gains.
Lengthy Arguments Now On as to the
Right of the Defense to Test Ames'
Ability as an Expert.

craven trlaI during the past lew days,
reached that branch of his examination
yesterday that all the witnesses who have
| heretofore given expert evidence in this
case have had cause to remember with
| feelings of sadness and pain. Attorney
| W. w. Foote has him on the cross-exami-
nation griddle, and he stands a good
chance to be Drowned to a turn.
Mr.. Foote has always had an irresisti-
bic penchant for badgering handwriting
experts. He does not believe in them as
rule, and his theory of the law is that
/ their evidence-salaried as it invariably
isis not, or should not be, evidence al
| all. His assault upon Max Gumpel, the
expert who testified week or so ago in
| the Fair trial, is rerem bered as one OF
| the stirring episodes OF the otherwise
| slowgoing litigation. Gumpel cut rather
a sorry spectacle when Mr.. Foote made
him confess under oath that in addition
| TO his fee OF $4,000 he was to receive $1,000
/ more provided his evidence proued favor
| able to the claims of the Fair estate exec
| utors-namely, that Mrs. Nettie Craven
| deeds to the Sensome and Mission streets
properties and the "penciP' will were not
| genuine. Admissions of this kind have
rather pronounced effects upon average
! juries.
! Judge Slack held session yesterday in
his old courtroom on the top floor of the
| City Hail,
The disputed deeds were handed to
Ames at the outset OF the afternoon ses-
/ sion. Between the booming and tum bling
| of beams on the roof Attorney Mitchell
asked the expert for his judgment regard
ing the written Endorsements on the out
| side of these instruments.
| The noise upstairs was worse than ever
| now. 1t seemed as if the roofers had con-
| spired 10 start Judge Slack and his retinue
| of OH another parade rough the build =
| ing in search OF new courtroom.
| Il have made a (boom y careful study
| of these (crack crack y documents,
went on Ames, land | have satisfied
(bang, cr-r-r-r-ack boom y myself that
those Endorsements were not written by
| (rap-rap-rapO the person who (squeak,
squeak, smash y who wrote the exem-
plars." (Biff bangD
Judge Slack tipped over his inkwelI in
his nervousness and pricked his thumb
with his pen. He was getting hot, that
was obvious, despite the Judges reputa-
tion for equanimity and cool tempera-
ment- Leaning over his desk he whis-
pered TO Clerk Casey. 1t was something
emphatic and had reference to those men
on the roof. Mr.. Casey strobe out OF the
room and a few moments later there was
a noticeable falling off in the roof-garden
revelry. True, there continued some ham
mering and dropping OF heavy lin bers,
but it had lost most OF its tiendish mali
ciousness
Ames, continuing, said be considered the
signatures to the deeds TO be tracings. Re-
garding the notariaI acknowled gments,
be gave 1t as his opinion that both of
them were written at different sittings,
with two different kinds of ink and with
two different pens.
81, -. J, /. L..
some parts Of the Acknowledgements were
written IN ink over carefully drawn pen
Gil lines and that the deeds, Will and let
ter of Decem ber 16 were all executed by
the same hand.
That is the end of the direct examina-
tion," said MIR. Mitchell. "You can take
the witness, Mr.. Foote."
Mr.. Foote opened up his crosstire by
asking Ames if he was "dead sure" that
any part of the acknowledgements had
been written in INK over pencil lines.
THAT is my belle" replied the expert
warily.
But you nave testified here that such
was the case, have you not2' persisted the
attorney.
las being my opinion, yes"
Mr.. Fooie handed Ames the Mission
street deed and told him to take another
good look at 1t and see if he could see any
pencil lines.
Ames squinted at the acknowledg gment
through his magnifer and said he could
zee an erasure which indicated that there
must have been pencil marks there
"Well, now, just pass that deed over to
the jury" SAID Mr.. Foote. II want them
to see if they can detect any such thing as
this expert claims he can see."
The Jurors silently took good, long
looks at the document, and then Mr..
Foote went at the expert again. In an
sWer to his questions Ames denied that he
mad ever sad he was the official hand
writing expert fol the Government He
said he was merely employed by the Gov
ernment in various cases where disputed
handwriting was the theme.
"Who Employed yoa in this case?'
asked Mr.. Foote.
Herman Oelrichs," was the reply.
"W hat were the terms of compensa-
tion?''
Fifty dollars day while in transit and
500 day while employed here"
"How much have you been paid so far?''
approximately, $6000."
ANY more due your"
'Oh, yes"
How muchP"
"Well, tnat depends upon how long you
keep me under cross-examination."
"Oh, / won't put over $l00 more into
your pocket" was Mr.. Foote's sally.
Ames became badly raItled after hav-
opinion as TO the disputed documents by
inspecting some of Fairs writings that
had not been introduced in evidence. He
only escaped by declaring that he did not
mean what he had said.
Mr.. Foote eased up on the witness for a
SPELL and under this armistice Ames tes-
titled that he had made three trips to San
Francisco on behalf of the Fair estate. He
generally travelled in the company of Car
valho, the New York expert He assured
Mr.. Foote that the 500 day had no effect
upon his opinion as 10 the genuineness or
spuriousness of the disputed documents
He SAID he would say the documents were
genuine If he thought they were. Ames
said he had frequently talked with Ex-
perts Carvalho and Gumpel about the case
In an offnand way but had never had any
formal conferences. He also remem bered
having talked about the case with Chief
of Police Lees, but did not re membe hay-
ing expressed an opinion TO that official.
'You see," said Ames, airiIy, II did not
make il my business to go around express
ing opinions"
''But your business is to express
opinions, isn't it?' asked Mr.. Foote
"Well, it has been for the past few
days"
"Do you mean to say that you have not
told the attorneys in this case, nor Chief
Lees or any body else what your opinion
was?"
''Not specifically: only generally. We
would talk now and then, you know"
In answer to another line of questions