The San Francisco call., 1898-06-23
CRAVEN
 RECORDS IN
 LITIGATION Are Now in the Hands of the Court. TURNED OVER YESTERDAY THEY ARE WANTED BY THE SCHOOL DEPARTMENT. In All Probability Strong Opposition Will Be Made to Prevent a
 Transfer of the
 Books.
TURNED OVER YESTERDAY
THEY ARE WANTED BY THE
 SCHOOL DEPARTMENT.

The records of the proceedings of the Mission Grammar School kept by Mrs. Nettte R. Craven are now in the custody of the court. There promises to be an interesting contest to determine the title to the books, as Mrs. Craven does not wish to give them up, and the School Department is equally anxious to get possession of them. Some time ago Mrs. Craven delivered the property in litiga- uon to J. M. Wilkins, proprietor of the Cliff House, for safe keeping. A demand to turn the books over to the School De- partment was made on MT. Wilkins, but as Mrs. Craven had declared that the books were her private property, he re- fused to deliver them except by order of court Action for their recovery was in consequence instigated by Superintend- ent of Schools Webster The case was called by Judge Troutt yesterday. Wilk- ins was on hand with the books, and ex- plained that he did not wish to retain the books and had no defense to the action brought by the Superintendent of Schools, but in turning them over he wished to be relieved of responsibility. He further stated that he had promised Judge Denson, Mrs. Craven's counsel, that he would inform him when the case was called for trial, that the interests of Mrs. Craven might not suffer, but as Judge Denson was out of the city he had been unable to communicate with him. At this tpoint Attorney A. Ruef, who was present in court as party in another action, addressed the court and asked that a continuance in the matter be granted until such time as MT. Den son had been communicated with. MT. Ruef explained that he was of counsel for Mrs. Craven, which accounted for his interest in the case. Strenuous objection to the stand taken by Ruef was made by the District Attorney, who represented Webster The District Attorney was of the opinion that as Mrs. Craven did not appear of record in the case her inter estS could not be considered by the court, and that the hearing must proceed. The court agreed to the argument in part, but before proceeding appointed Attorney Ruef amicuS curiae to advise the court as to matters in which the interests of den appointment of opposing counsel took the District Attorney by surprise, and for the time being defeated the pur- pose of the Superintendent of Schools.
 Charles B. Stone, Assistant Superinten- dent of Schools, was called and testified to the fact that all teachers employed in this city and county were required to keep a record such as was contained in said that the books in litigation were similar to those given out by the School Department to the teachers but as he could not swear that the books in ques- ton had been given Mrs. Craven and were not purchased by her, doubt as to their title arose. Judge Troutt was in- clined to turn the books over to the School Department, but Ruef objected on the ground that the ownership of the property had not been satisfactorily eS- tablished, and gained his point. Counsel for Webster promised to produce wit nesSes to positively establish the title to the books, and the case went over until this afternoon. Ruef requested the court to order the clerk to seal the books that no curious or interested person might tamper with them.
 The books in question were eagerly sought for by the police during the trial of the suit brought by the executors of the will of James G. Fair against Mrs Craven to quiet title to valuable prop erty claimed by Mrs. Craven under gift deeds she alleged were given her by the deceased millionaire. The police con tended that the books showed that Mrs. Craven was in school attending to her duties on days she claimed to have been absent, and so testified under oath dur ing the trial of the action brought against her. The fact that Ruef re- quested the sealing of the books caused considerable comment among the court frequenters, and to-day they expect a for midable opposition will be put forth to prevent transfer of the much-desired