The San Francisco call., 1898-02-03
spirit; but I cannot listen to his argu-

spirit; but I cannot listen to his argu. ment.
 MT; wright-No extended argument. ] simply want to call your Honors atten- ton
 MT. sullivan-Counsel has no standing here at all.
 MT. Wright-I have no standing except that which courtesy of counsel and the discretion of the court will give me.
 The. court-Hand me the book and will examine 1t.
 The book is handed to the court, after which counsel and the counsel in the case confer at the bench.
 MT. Wrfght--1f your Honor please. MT. your Honors suggestions in the matter and allow counsel in the case the fullest latitude in the examination of the books under their promise, of course.
 MT. Stratton-f your Honor please, I would like to have it appear on the rec ora that which was suggested by the court, which. with permission of counsel. l might state. That Is this: In so far as any objections have been made to the inspection of the books, it has not been made upon other than legal grounds by the Board Of State Harbor Commission CTS, which of course I will formulate in proper objection hereafter But the ob- lection was altogether by counsel for MT. Shade as to the inspection of his business secrets, and he stated to the court in my presence that If counsel would give their word that which they saw there which did not relate to this case would not be divulged. he was perfectly willing he should take those books and make a thorough examination of them. I would like the record to show that, in order that It might not be inferred indirectly. or otherwise that the Harbor Commisssion- ereS were objecting or were in any way a party to the refusal or the objection of the witness to produce those books. MT; Cope-We would like to know if MT. .Stratton does or does not object to the introduction of this testimony
 MT. Stratton-I will make legal objec- tion that anything that Is in the book, or any entries Tn the books. not made by the board or with their knowledge and con- sent, Is not binding upon them. That, of course, l have a right to make, for the reason that I would not be here in the capacity of attorney and permit incompe- tent and secondary evidence. as I take 1t, subject, of course, to the views of the court, and upon that predicate a flnd- ing by the court as to fraud or collision, when the acts as to which that proof related were without the knowledge alto gether of the defendants in the case That is the position I have taken all along in the case
 MT. Cope-If your Honor please, of course this little speech of MT. Stratton Is very neat in It's way, but it seems to us 1t comes with very bad grace after his making objections to the inspection of the books heretofore when the court ruled that we had right to inspect them. If he wants to make an objection 1t Is his privilege. He has a right to make any objection that he desires to make. We expect the court to rule according to legal principles, and we suppose that all his objections are legal objections, or what he regards as legal objections. If he has any to make we would like to have him make them before we go into the matter.
 MT. Stratton-The time has not come now. There Is another time.
 Mr. Cope-Then I don't see that the