The San Francisco call., 1897-06-16
It LOOKS
NOW LIKE A
BACKDOWN
Counsel for the Fair Heirs
Withdraw Mrs.
Craven.
THE CONSPIRACY STILL
UNPROVEN.
Evidences That Their ACCUSE.
tionS Are Too Hot to
Hold.
THEY ASK FOR a CHANCE TO
BREATHE.
Judge Slack DEGREES That There Must
Be Something Tangible fore
Fishing Can Be Renewed.
Evidences That Their ACCUSE.
tionS Are Too Hot to
Hold.
THEY ASK FOR q CHANCE TO
BREATHE.
Judge Slack DEGREES That There Must
Be Something Tangible B fore
Fishing Can Be Renewed.

That proposal to prove reeking con-
spiracy TO loot the hum bic Fair estate,
and prove it at that out of the mouth Of
Mrs. Nettie R. Craven herself-she the
very author, so called, of the awful plot
has proved itself to be too hot a stovelid
for the attorneys representing the Fair
heirs and estate to hold.
They want to let go of it.
After badgering the lady defendant
through more than half of yesterdays ses-
sion and seeking by every trick and trap
known to legal legerdemain TO draw from
her something upon which they could base
subsequent maneuvers, Lawyer Wheeler
threw up the sponge. An effort was made
TO accomplish the retreat without dis
order, but III that attempt what appeared
to be veritable disaster and defeat was the
outcome. These eminent counselors who
were going to prove all sorts of fraud and
subornation chose as their avenue of
escape a ruling given by Judge Slack,
which was to the effect that, inasmuch as
Mrs. Craven had denied that she ever
thought of purchasing evidence in her
behalf from Judge" John R. Aitken, she
could not be forced to give any testimony
regarding ner relations with that indi-
vldual until something material was ad-
duced showing that she had not told the
truth.
Your Honor has ruled that we cannot
90 ahead any further with this witness
until we have offered other proof of the
existence OF a conspiracy" was the way
Mr.. Wheeler started in to announce the
backdown. Then he went on to complain
that IN view Of that ruling he and his as
sOciates had found 1t necessary to ask the
courts S permls sion to withdraw Mrs.
Craven from the stand and also for the
privilege OF putting her back again and
resumIng the direct examina ton.
Judge Slack said the attorney was in
error regarding his ruling. The latter
merely applied to questions regarding the
defendants relations with Altken. Some
thing more tangible anent the vaunted
conspiracy would be required before she
could be questioned on that point.
Mrs. Craven has testified that she
made no attempt to procure Aitken for
false testimony" concluded his Honor
You will therefore have to give some
proof that she did do so before you can in
quire OF her further regarding that mat
ter"
Mr.. Wheeler resorted to promising
again. If the court would let him with
draw Mrs Craven from the stand without
completing her direct examination, and
then let him put her back again, he would
make an effort to introduce something In
the shape OF evidence such as the court de-
N anded.
On behalf OF Mrs. Craven, Attorney Del
mas objected to the granting of what he
termed suCh an unheard-oi and unprece-
denied privilege. The other side, he said,
bad been promising to do whole lot, but
now found themselves unequal to the task
and 10 their promises. The witness had
been on the stand four consecutive days
and despite all the badgering she had
undergone she had given her torturers
nothing upon which TO hang their cruel
accusations. The lady was quite ill and
feeble, and 1t was unfair and unjust to
continue her agony by allowing those
charges of conspiracy TO hang over her
head, while tue attorneys for the heirs
fshed around for something with which
to bolster up their case. He would insist
he said that ey finish up the direct ex-
animation, and give him and his asso-
clates an opportunity to expose the falIacy
OF the conspiracy charges by means OF
cross-eXamlnation.
Judge Slack gave it out rather coIdly
that be was gong to rule against the re-
quest of Mr. Wheeler
The latter fiOundered about desperately
for some little time, now promising and
now appealing, but all to no purpose. He
was confronted with the proposition that
he would have to show his hand before
he could do any more fishing and tortur-
ing. ana that was all there was to it. He
and those with him could find consola-
ton only in registering a formal excep-
ton to the courts ruling.
Poor Martin Kelly escaped the lash to
munifcent extent yesterday, and Gov
ernor Budd was not hinted at as being
cOnspirator at all. In fact apologies for
the executive seem 10 be ID order now
Counsel for the Fair heirs all salaamed
respectfully and said they would hurl no
stinkpots at his devoted curly head.
When the morning session opened Mrs
Craven was placed on the stand again
and Mr.. Wheeler hegan his inquiry at
exactly the same spot where he dropped
Mr.ynff n aft II hot
Mrs. Craven had admitted that SIZE had
met Martin Kelly at Miss Dougherty's
residence last Thursday evening.
ibid you expect to meet Martin Kelly
at Miss Dougherty's house?" asked the
attorney.
well, hoped to meet him there. 1
knew that he was in the habit of calling
there. l wanted TO see him that evening
and took that means OF meeting him."
you knew he would be there ?''
NO; | only hoped he would be-"
did you send word to Kelly to meet
you there2"
II did not. 1 had no time or oppor-
tunity to do So"
Explain whyyou had no time or op-
pOrtunity to send word to him."
"Why, was on the witness-stand all
the afternoon, and when 1 got home had
many In ngs to attend TO- | had no time
to send for Mr.. Kelly"
Wheeler wanted the lady to be accurate
as to her memory In regard to the num-
Der OF times she saw Martin Kelly pre-
viouS to last Thursday, but she could only
inform him in general way that be
might have called at her house several
times, but if 30 she could not recall the
circumstances. She denied positively,
however, that she had met him at the
Cliff House two weeks ago by appoint
ment.
The attorney now let 60 of poor Martin
Kelly's throat for moment and made
half-hearted grab at the windpipe of Gov
Amor Budd. He wanted to know how