The San Francisco call., 1898-02-02
-. I,ooNEEPER REED.
 l.,ao7 DID TH E@flNE WoRN

vided between the firm and Patterson. The presumption: is, and both the rec ord and the assertions coming from the Pacific Pine Lumber Company bear 1t out, that this system of non-delivery under contract enabled the Darby Lay
 don firm to informally underbtd them as competing company and run down. the price. :.s+
 Townsley identified many additional alterations in the ledger and cash ac-. count, all in relation :; to the. business: less done with the Harbor Commission.
 The items he testified to were:. Pat. terson, :. changed. to "Matterson,' ," $220 #50;: Pattersen,2 changed to: Mat. terson," $95; ;:> Patterson, changed to ''Matterson,', $90; Burnhafn, changed to .'DurnhaIn,' s1O Holden, changed: te ..H Holdenson' $1O (both these men were connected with the pile driving de-: partinent. of the cDmmission);:::* :: *t' P, ,s' 7" meaning Patterson, changed to ='.B.,''' SPA; ;"P., !" changed .to B. 7 $95: Pat. tersen, changed to "Rattersori,' S93:. EQuites a collection ..of Norwegian: :ciphers. ..::::%. '; jj.1: . The long series. of objections made by Attorney Stratton ended*in the fol-. lowing contention E and ruling when: counsel for the Parafflne Company at:
 
 plicit information as to the. manner of recording the rneasnrernent of piles: not delivered but paid: for. Mr. Cope4-Now; will you state from your; recollectfon, as you; have not the. [ pile book, what was the course of conduct ! of Darby Laytion & Co. in reference to i the delivery of piles. and their measure IF Mr. Stratton-Thats was tobiectHd :to. if your Honor please, some time aGo,I: upon fl "a l%cllst6m of Darby LaydQn & GO. at that time cannot be material in: this ease. case, :: MT. SuIltvan--It is under the same ob- j. Mr. Stratton-I don't understand that everything goes in The. court has made specific rulings, but: that doesn't mean | thatHeverythtng they choose 10 ask sRfoulo f, q F. MT. Sullivan-We: want to. show :; the practice of: Darby =Iaydon &s Co: down ] to the time this man left their employ l- -ment* as to the manner of delivering piles ]: and charging for piles delivered We pro pose to. show by the young man that 1t :. was the. .pra actice of Darby Laydon .&: Co. up to the time he left the emploX"of the: l. firm to charge for more piles than :actu- i ally>:were< delivered;% and we. desire to prove by. the witness how that was done; the method; how he:;came to make those MT. Stratton-Do you intend to follow I.that .np?: Do you say that you have evi- t:dence at your command that will connect the dealings of Darby Laydon & Co. and l bring it to the personal Knowledge of the 1 defendants In this action? l. MT Sulliyan-Of course, fraud must be f proven by circumstances if your Honor F please, and we intend to prove certain ] circumstances by this witness, and by l other witnesses certain other circum-
 stances, from which the court will req I sonably infer knowledge on the part of l the Commissioners of the fraud perpe- l trated. ;-..: . k Mr. Stratton-I ask you that question. ] The court allowed this testimony in on I the statement that you intended to con
 meet these very acts with the Commis-
 statement was made by counsel, as take
 it, in good faith. Now, ask if a delivery
 of less quantity of piles to Patterson. i or anybody else, if they intend to bring I collision of the present Commissioners
 who are defendants in this action?
 MT. Sullivan, we intend If your Honor i please, to prove circumstances from | which your Honor may infer that certain | Commissioners were parties to the fraud ] perpetrated by Darby Laydon & Co.
 l press, but I don't believe it Is evidence of
 any fraud that any inspector or superin-
 tendent of repairs took s10 in March, 1894.
 The court-1 feel bound to say to coun-
 sel unless this proof is brought home in 1 some fair way to the defendants that I MT. sullivan.We expect to bring. it | home, as we state. 1t Is very difficult in l cases of this kind to prove beyond any question or knowledge. 9..~
 The ourt-Circumstantial evidence is 1 just as valuable as direct evidence.
 Mir Sullivan-We intend to introduce circumstantial evidence.
 The court-But the circumstances must l all be consistent with the fact sought to
 be proved and inconsistent with any other l conclusion. That is the rule adopted in 1 cireumstantial evidence. -,:-:
 MT. Sullivan--We intend to prove
 l.. The court-If you make such a case,
 and say you intend to make such a case | MT. Sullivan-We intend to prove cir cumstances which would be inconsistent
 on the part of certain Commissioners.
 I The court-I don't want this to run into I merely a: school for: scandal, of course; but l do:intend to let the plaintiff prove | his case if he can. :::t
 MT. Stratton-I understand the ruling l of the court was that a great. deal of I latitude would be allowed in this case.
 and, although l made my showing, I with me sat the present time, nevertheless J has reserved the right to strike out, and l to that extent, and so: far as the law: is concerned, save whatever rfghts::I have. | But 1t would appear=aS though simply to |- prove these isolated facts and without I any intent-at least: without any: state ment from counsel that he has evidence I which will connect the present. Commits
 sioners with it. or in some way make 1t 1 competent--it ought to be introduced, for l the reason that I think that these Com missioners, as public officials, are en- ltitled to some consideration in so far as
 the public attitude of this case Is con .cerned. don't intend to try the case in I the newspapers. if your Honor please:
 but. after all,t the mere fact that less piles were delivered than were called for by contract, or that $10 was paid to an in- spector; is taken in the public sense to be
 somewhat evidence of collusion and dis
 honesty on the part of all public officials that may be even remotely connected. by
 appointment, with those particular. per
 sons. So,- as say. taking that into consid- | eration, think there ought to be a limit 1 to the evidence asked counsel if he fn-
 tended to connect these Commissioners.
 and in view of the fact that he declined to answer the statement take 1t he could not answer. He said he intended to