The San Francisco call., 1897-04-14
DELMAS WINS A
VITAL POINT
At Last the Craven Suits
Will Come to
Trial.
No Special Panel for the Battle
Over the Fair Estate
Millions.
All of the Real Estate, Except That
Claimed By Mrs. Craven, Ordered
Distr buted.

Monday morning will see the opening
of the trial of the suit of the Fair estate
against Mrs. Craven. After weeks of en-
deavor D. NJ. Delmas has at last won his
point and secured the trial of the case be-
fore jury.
month ago Mr.. Delmas offered to
make almost any concession to the other
side provided no opposition to an imme-
diate trial was interposed, but delay was
what the other side wanted. and another
month was added to the dreary wait
Now the trial is imminent, and, instead
Of securing the concessions Mr.. Delmas
offered for speedy trial, the attorneys for
the estate will have to come into court
anyway with no other satisfaction than
that of having compelled every one to be
idle for at least four weeks longer than
was necessary.
On Monday Judge Slack declared that
he desired the assistance OF jury in pass
ing on the issues of fact.
When that was made known ATTORNEY
Pierson suggested that he thought what is
known as a ''struck" jury would be the
proper tribunal to consider this weighty
matter. He explained that in another
forum the Judge chose forty-eight names
of prominent business men, who were
known 10 have good Judgment, and names
were stricken from the list, first by one
side and then by the other, until only
three names remained. He thought a
similar course would yield satisfactory re-
suits in this case.
To this d. NJ. DeImas. representing
Mrs. Craven, made objection, saying that
he did not wish any jury of millionaires.
He read an article from the American
Law ournal, which expressed condemna-
tion of certain law in Missouri which
allows e rich man to put up S75 a week in
advance and secure the impanelment of
what is called business mans jury" to
be composed of downtown merchants
and their clerks and bookkeepers."
Judge Slack acce pied the views of Mr..
Delmas in this respect and yesterday
morning, in making the order for q Jury,
said: 1.-The panel now in attendance in
this court will be excused from further at
tendance, and the clerk is directed TO issue
certificates OF service to them. A new
panel of 80 names will be drawn at once
and l direct the drawing to be made at
noon to morrow. The names must be
drawn from the box of Jurors designated
by al the Judges of the Superior Court as
required by law. 1fa proper jury should no t
be secured in this way the blame falls on
the law, not on this court. l know of no
reason why an appropriate jury may not
be obtained in this way.
1t was ordered that the panel should be
made returnable on Friday morning and
that the trial of the case should begin at
II o'clock next Monday morning, the 10Th
inst.
The motion to dismiss the Jurors already
on the panel was made on the ground
that Mr.. Delmas' remarks a month ago
were of such a character as to warp the
minds of the men impaneled. On that
occasion Mr.. Delmas made a strong plea
for trial, and then il was he offered to
concede his rights as to argument, to
procedure, to almost anything, if the
other side would only quit skirmishing and
come down to business. His desire for
trial was as evident as the reluctance of
his opponents, and as the panel of iurv-
men sat and listened to it all the attorneys
for the estate feared the situation might
work to their disadvantage, and so they
asked that the jurors be dismiss ed. 1t
was not complimentary to the Intelligence
of the jurors con cerned, but they could
say nothing, and can only console them
selves by realizing what they have escaped.
Attorney Britain, representing the Of
fee of Delmas IL Shortridge, stated to the
court that the application to take the
deposition OF Attorney Charles S. Wheeler
would be temporarily withdrawn, with.
out prejudice TO the right to renew the
application : take Mr.. Wheeler's depo-
sition before the court or a notary public.
This was allowed.
The distribution of real estate to the
heirs of James G. Fair was then proceeded
with. ALI the real estate. with the excep-
ton of the two parcels of land claimed
by Mrs. Craven, was ordered distribu ted
directly to Mrs. OelricDs. Charles L. Fair
and Virginia Fair. This is following out
the principle laid down in Judge Sack's
opinion heretofore rendered, in which the
pretended trust attempted to be e.tab-
lished in the Will of James G. Fair was
daclarad invalid