The San Francisco call., 1897-01-31
DEFENSE READY
To FIGHT BACK
Promises of Some Sur
prises in the Cooney
Case.
Owners of Deeds Used as Evi.
dence Clamoring for Their
Property.
Butler Smith Obliged to Threaten
Lees With a Lawsuit to Re.
cover a Mortgage.

The Cooney case has reached stage
redoient of spicy developments TO come
on both sides. In answer to the numer-
Gus charges made by Captain Lees and his
detectives there are hints that when the
defense begins to unload its ammunition
some startling surprise will ensue. Not
withstanding the fact that the experts for
the prosecution are aware that the attor-
neys for the notary have in their posses
sion fac-similes of the Crocker blanks of
1896, printed by James II. Barry, they are
not sure that this is the only plan to Test
their skill.
For this reason the Fair people have
become seriously alarmed at the trend OF
the last few days developments. The dis
covery Of the Barry blanks in its hrst
view looked something very promising; !;
but a days delIberation over it somewhat
mitigated its importance and they have
redoubed their energies in searching for
other evidence to use against Cooney. The
credit of the discovery of the Barry
blanks does not belong to Captain Lees,
the detectives and his assistants, although
he was content at first to receive all the
raise. Attorney K. B. Mitchell obtained
the information through a conversation
with the manager of a printing supply
house, on the Oakland ferry some days
ago, and in turn conveyed the news to
Charlie Fairs detectives.
Captain Lees finds himself in some hot
water on account of numerous deeds and
mortgages that have gone into the court
within the past week as evidence against
Cooney. These deeds were gathere from
the four corners OF the State to show that
Cooney was in the ha abit OF using a notaria
certificate with his name printed on 1t.
These instruments are In the custody OF
Magistrate Carroll Cook as Exhibits,
and as the case promises to be much loua er
drawn out than at first supposed, some OF
the owners of the documents are anxious
to lave their property returned.
In one particular instance the chief OF
detectives much against his will was
obliged to return one of these instruments
under threat of legal proceedings. On
Decem ber mortgage acknowled ged by
Cooney Tor the purpose of evidence
was borrowed from Butler Smith.
a real estate agent. The mortgage was
loaned on the condition that it should be
returned on demand, but it was not until
January 2 after numerous demands on
the part of Smith that the document was
given to the owner to head off an action
to replevin it.
Il loaned the mortgage to Detective
Seymour" said Smith, latter learning
that il was to be used in the Fair case.
Seymour signed q receipt for the property
promising to return it on demand. Now
this mortgage was what we call live doc
ument and 1 did not care tc have it out os
my custody for any length of time. A
few days later | applied for it, but was put
off with an excuse that il was piece of
important evidence in big criminal case
and that it should be kept by Captain
Lees.
up to this time 1 knew nothing of the
intention of the Fair heirs to prosecute
Cooney. The moment [ heard of the
notary's arrest, l saw that the police had
been dragged into a case that l supposed
was one of civil litigation. | had my
opinions about the whole affair and
again demanded my mortgage. There
were more excuses and | finally put the
matter before an attorney. A week ago
Monday morning / called on Captain Lees
and talked Dutch to him. l told him that
unless my mortgage was returned would
take legal steps to return it.
After hearing this Lees gave rue my
property and turned around and SUBJ
penaed me as witness, instructing me
to bring the document with me 20 court.
That was week ago last Wednesday, and
l have been dancing attendance on the
Cooney case since.
"In justice to Detective Seymour I will
say that he apologiZed TO me. He told
me he intended to return the document
whenever l desired it, but found il i'm
possible to keep his word, for the reason
that my property was in the hands of
Captain Lees, who insis tied on keep
ing it,
The trial of the pencil deeds, which is
down on the calendar for hearing before
Judge Slack on Tuesday next, will un-
doubtedly be postponed a week at least
owing to delay in the preparation of the
ury- lists for this term of court.