The San Francisco Call. Newspaper, June 27, 1896, Page 5

THE SAN FRANCISCO CALL, SATURDAY, JUNE 27, 1896. MBS, CRAV EN WA T00 ILL TO TESTIFY She Was Taken Sick on the Way to the Court- room. BUT THE COURT WAITED The Deeds Were Produced and the Marriage Contract Will Be. GRAND JURY TAKES A HAND. Recommendation to Be Made for the Removal of the Teacher From the School Department. Judgs Slack had taken his seat on the bench, the lawyers were assembled, the crowd that filled the courtroom waited and whispered and wondered. Fifteen | eight years. He also produced a number of the telegrams and was in the course of translating them, when Mr. Delmas rose up, placed his leit elbow on the railing of the clerk’s desk, and remarked: “This is the taking of testimony in the contest of a will of James G. Fair, your Honor. What have these telegrams to do { with it? Any communications from or | anything Mrs. Craven might say is hear- say.” Mr. Knight admitted that it was not the timeor place and suspended. Mr. Williams promised to take good care of the copy and his book, and have it when wanted. With that the proceedings came to an end. An adjournment was taken untii next Friday morning. But another embarrassing complication for Mrs. Craven made its entry into tne situation yesterday. The Grand Jury took steps directed at the expulsion of Mrs. Craven from the School Department. She is now and has long been principal of the Mission Grammar School. School Director Scott will urge her dis- missal on the same grounds as does the Grand Jury—that of the marriage contract and its having been until now kept secret. Mrs. Craven was apprised of this move last night, and she said that so far from giving way before it she will fight it to the end. Mr. Delmas, the senior counsel for Mrs. i | . The House at 823 Sutter Street Where Nettie R. Craven and Senator the Marriage Contract Between Mrs. Fair Was Drawn and Signed. minutes passed and the witness, the] fizure around which all the interest cen- | tered, had not appeared. | No one could explain it. Mr. Delmas, | who had taken his place at the table for the first time in this proceeding as the | leading counsel for the witness, shook his | head—he did not know. W. W. Foote | said he had just come from Oakland, had | not seen Mrs. Craven since the court ad- journed the evening before, and he did not know. The court grew impatient—demanded | that the business proceed. George A. Knight said *“No; this witness is the soul of the proceeding. I want to examine her at length. I prefer an ad- journment rather than the intervening of any other witness.” He sat down and there ensued ar awk- | ward pause, which was broken into by the unannounced entrance of the witness her- self. The crowd made way for her, and as she came through the gate from,the lobby it became quite apparent why she had kept the court waiting. She was very | pale. Just behind her came her daughter ; Margaret and her constant friend, Mrs. Haskins. They took the seats reserved for them near their counsel. There was a brief con- sultation, and then Mr. Foote rose and explained that Mrs. Craven, on her way to the courtroom, had become so ill that she was taken to her physician. Mr. Foote held and read a certificate from him stat- ing that Mrs. Craven was suffering from an ailment such as would endanger her life were she subjected to the excitement incident to an examination upon the wit- ness-stand. With this little speech the hopes of the | crowd for some repetition of the sensa- | tional scenes of the night before died out. | Mr. Knight said, “We will abide by the judgment of the court.” Mr. Delmas said, “There is no court sitting here.” To tnis thrust no answer was made. Mr. Knight called for the production of | the deeds recorded by Mrs. Craven, and they were promptly produced—the deeds to the Pine and Mission street property already described. The deeds are written in lead pencil. | Atfter an inspection by the attorneys for | the Fair children Mr. Knight asked that | the court take charge of them. ! The court had no desire to assume the | responsibility and, besides, the attorneys for Mrs. Craven objected to having the papers taken out of their possession. | They promised to have them ready upon | any proper demand for inspection and the | matter was allowed to stand at that. | A call was made for the marriage con- | tract also. Mr. Foote said he had advised the lady to send for that to her friends in Towa and she would do so. **And the letters?” insisted Knight. i | “They will be forthcoming—all the papers will. 1 speak for myself,” said Foote. “Mr. Delmas is now here. He can answer for them finally.” “Every letter and paper purporting to be written by the hand of James G. Fair ; now in the possession or under control of | Mrs. Craven will be produced here. We have no reservations.” This was said in such quietly convinec- ing fashion that questioning ceased. Then the cipher-book promised the night before was called for and Margaret Craven passed it over, George R. Williams | went on the stand and identified the little red leather-covered book as containing a cipher which has been used between him- self and Mrs. Craven for communicating “on business matters by wire for the past] Craven, will give his personal attention to the case from this time. He has been pre- vented from doing so by the Parker will case at Ban Jose, which has occupied his time for six weeks past. In an interview last evening Mr. Delmas said: “There will no evasion of any issue in this matter of Mrs. Craven’s. I have ad- vised her to have no reservations. She will tell all that the conditions demand that she should tell as to her relations with Mr. Fair. 8he will produce the mar- riage contract and her letters and all other papers that she may have in his hand- writing and tell all that there is to tell about them. *‘Stress is Iaid upon the repeated decla- | ration that these circumstances are pe- | culiar. Well, they are. Mrs. Craven says that the manner in which the irk will was taken from her at Chicago by a man who she supposed came from her friends was most peculiar. “But so she says was the manner in which the trust will was stolen from the office of the County Clerk. That she says was also most peculiar—the one no more 50 than the other. For her part, she will, she says, tell the truth, the whole truth, and nothing but the truth.”” The deeds were photographed at the in-. stance of Mr. Delmas yesterday and the opposing counsel will be furnished with a copy of them. Speaking of the marriage contract yes- terday, Charles J. Heggerty of the counsel for Charles D. Fair said: ‘It is not worth the paper it is written on. The first neces- sary element to make such a contract valid is publicity. The point was empha- sized by the Supreme Court in the Sharon case. 1t was laid down as a principle that a mere intention was not sufficient. The abode of one must be the abode of the other; they must have been known pub- licty as man and wife. The secrecy that Mrs. Craven-Fair declares was ob- served in their case—insisted upon, she says, by Senator Fair—nullifies the con- tract in the eyes of the law.” It was 7:35 o’clock, five minutes past the hour set, when Jndge Slack last night asked if counsel were ready to proceed in the Craven-Fair will case. ttorney Collins arose and addressed | the court, begeing his Honor’s induigence for Mr. Knignt, who, he said, would be present in a few moments. On the bench with Judge Slack sat Judge Bridgeford of Colusa. At 7:40 o’clock Knight, with an apology on his lips as he advanced, took his seat. He was sorry, he said, to have kept the court waiting, and was duly excused. Mrs. Craven-Fair was called to take the stand, but she was absent. The court asked if some other witnesses could not be put on, but Knight objected, saying he had reasons for wishing to go on with the testimony of Mrs. Fair at this time. An- other wait, marked with impatience on the face of counsel and spectators alike, ensued. After allowing another ten minutes to go by, Judge Slack again suggested that some other witness be examined, but Knight declared he would rather take an adjournment than break the continuity of Mrs. Craven-Fair's testimony. On the Judge remarking that there was possibly some misunderstanding on the part of the absent witness, W. W. Foote stated that he had just come over from Oakland, and had not seen Mrs. Craven- Fair yesterday, but that the understand- ing at adjournment on Thursday night was that the witness should be in court at 7:30 o’clock last night. X At this juncture Mrs. Craven-Fair, ac- companied by her daughter and Mrs. Haskins, entered. A paper was handed Mr. Foote, and he stated to the court that it was a doctor’s certificate, to the effect | that Mrs. Fair was suffering from an_ail- | ment which would endanger her life if she were compelled to undergo the strain of being subjected to an examination. Judge Slack then asked if the documents asked for had been brought into court, and Mr. Foote informed the court that they were not in the City, but had been sent for and would be here and be produced in court in due time. Here D. M. Delma jarose and declared, “There is no court here.” But his challenge to the Judge who pre- sided over the court was allowed to go by unnoticed. A demand for the deeds filed last week by Mrs. Fair’s attorney was made by the | court, but while the opposing counsel were permitted to inspect them for about | ten minutes Delmas and Foote objected to | their being placed in evidence and in cus- § tody of the court. Photographic copies of | them, bowever, were promised for the | next sitting of the court. Judge Slack suggested that when an ad- journment was taken the case go over until ke latter part of next week, so as to per- mit of day sessions being held. There was a consultation amoneg the counsel aud it was mutually agreed to postpone further hearing until Thursday next at 11 A. M., with the understanding that if Mr, Delmas was unable to be present owing to other engagements, the matter should go over until the following day. Knight created renewed interestin the hitherto aull proceedings by suddenly ad- dressing Mrs. Fair. He said: “Lastnight we asked for the cipher-book. I will ask | Mrs. Fair if she has it now.’”” 3 |~ This referred to the key to the cipher telegrams which passed between Mrs. Fair and her representatives here durini her | journey to and from New York to bring here the will which was in the East. Mrs. Fair promptly replied: “I have the same one.” I would ask that it be produced.” It was handed him and he said he would put it 1n the custody of the court. Foote objected to allow the book to go out of the possession of his client, and Knight, as a counter move, called Stephen Roberts to the stand. His first question was, **Do you reside in San Francisco?” “Yes, sir,” responded the witness. “What book is that?” (Referring to the icpher book handed bhim by Mrs. Fair). “It is a cipher book.” “Telegraph cipher?’ “Telegraph cipher.” “By whom was it used ?” “Used between Mrs. Craven and myself.” “For how long a period of time ?” “‘Perhaps eight or nine years.” “When did you first begin to use it?” “I think about eight years ago.” “And you have used it how long?” “We used it for a month or two, and then not for two or three years.”’ “Did Mrs. Fair ever use that cipher?” “Yes, sir.” ThisIndenture, vuww o, Loy n Jugrcs 7 0 Betw 74 Gl Whittnesseth: that the sara Stderatien of the love and offveliin unly e sacd parly qf Ut secend proes- ar akso for Mo bellor mam@mane pretectian and Iroelibood of the o Yiese presents.giwe gran, alten evnd perr, and le a Toge with le appurtronces unlo be QGnd assgns forever. 26 Hieeas Watn howd onm Fac-Simile of the Decd for the Property at Eleventh and Mission Streets Con- veyed by Senator Fair yoar of ourLord one Uiusand exght hindeend sud 1icéty A« et Z T hesrs forever alt BB e A Uhoreants bolouping or im oy rove s Terersion awd rover e, FEaB, 121003 o proge s Meref ToGave and o Fold alfend singuter the oot proasies Gopetios- | e ol Lhesars, 1 The day amd yoar firet Sigoed Swoted and Retiwwron 1o Aese 9’ S = A Ra vamar et Fq’:y‘cf;;{!;{ the secdi, iart oe adie ode which the Sard party ofthefir Hportbas e - ety 4 Ohe Rocond pavr doco by el confrrm unto bhe vt party of The o TR forena ™ 7 tegé Ghe fir30 pory has bovmoute sv|! I S sianew” & Kz “DaEyon remember the night Mrs. Fair went East?” “I think it was the 25th of February, 1895.” “Did you go a portion of the way with er " **As far as Sacramento.” “Did you use the cipher in telegraphing to her while she was on her way East?” *I think I sent a telegram to her at Ogden and then to Denver.” “Any other places?”’ “None other.”" “‘On her way back to S8an Francisco did yo_nltgl&gx;nph her by cipher?”’ T did h ““What was the object in telegraphin her in cipher?” il “To_keep other people from knowing what I was telegraphing to her.” Delmas interrupted to ask if the witness halrz zi’oepieu of %hehulignma. oberts sai e had, and produced a batch of them. : a Knight continued: ‘‘What was the first dispatch you received from Mrs. Fair after she started to go to New York?"” Roberts picked out a message and read as follows: « “CARrIN, Nev., June 26. ‘‘Everything going all right.” He explained that this was addressed to geprge R. Williams, the attorney of Mrs. 'air. Delmas again took a hand. Addressin the court, he said: £ *This I understand to be testimony taken in the contest of the will of James G. Fair. Ido not understand that any deposition made by Mrs. Craven is part of the evidence.” Knight smilingly acknowledged his erro- neous method of procedure, saying: “I don’t insist on thisquestion. I admit this is not the right way to go about it.”’ Then, addressing the witness, he asked: ““You have got the telegrams and you will copy them, will you?” Roberts agreed to do so. A discussion arose as to who should have the custody of the cipher-book. Knight suggested that Russell Wilson take it and decipher the secret messages by its aid, but Delmas ob&ected, as he did not think it right, he said, to have Mr. Roberts’ pri- vate business matters made known to the world, as would be the case if a copy of the cipher-book were made by Mr. Wilson as proposed by Mr. Knight in the course of the discussion. It was finally agreed that Mr. Roberts should transcribe all the cipher telegrams and bring them into court with the cipher-book. Ad journment was taken until Thursday, July 2, at 11 A. M. Garret McEnerney, who was absent Thursday night, though subpenaed, was called up by Judge Slack to be sworn on the request of Mr. Delmas. McEnerney explained his absence Thursday by saying he had urgent engagements on that night with Mr. Heggerty, Mr. Pierson and Mr. Mitchell. He denied a report which he said had come to his notice that he had defied the power of the court and had said he would not attend in response to the subpena. His excuse was accepted, and another act of the great Fair drama was over. e HER POSITION IN DANGER. The Grand Jury and President Hen- ry T. Scott In Favor of Mrs. Craven’s Suspension. The foreman and cther members of the Grand Jury have been requested to review the testimony given by Mrs. Nettie Craven in Judge Slack’s court Thursday night and consider whether her career as a teacher in the public schools of San Fran- cisco should terminate. The subject was not presented to the jury in the form of a written communication, but the foreman was orally urged to take steps to secure her resignation or retirement. Mrs. Craven must prepare to meet trouble shortly elsewhere than in the courtroom. At the last meeting of the Board of Edu- cation President Henry T. Scott broached the matter of her removal, but at that time the feeling of the other members of the board was so strongly in favor of Mrs. Craven, owing 1o her unusual ability as a grincipll‘ that Mr. Scott deemed it advisa- le not to press the point at that time. Speaking of the matter yesterday he ex- pressed himself in emphstic and unmis- takable language. “There is to be a special meeting of the Board of Education on Tuesday night for the purpose of paying salcries, but any other business can, of course, be taken up. Should the case of Mrs, Craven not be considered then, it will probably come up the second Wednesday in July—at our next rezular meeting. “An interesting point is that since the date of her alleged marriage to Senator Fair, should that marriage be established, she was improperly drawing salary asa school principal. At the time of her mar- riage there was a rule of*the board that no teacher who married while in the service of the department should be allowed to re- tain her position, and it would be a nice legal question now to see whether she was entitled to hersalary since that time. That rule was rescinded about a year ago. “It is true we have no power to dis- charge any teacher without a formal charge having been made and a trial ac- corded the accused, but there is nothing to prevent her being suspended pending such a trial, and 1 for one am heartily in fayor. of such a course. I consider it a very bad example, not only to the other teachers, but the girl pupils attending the schools, to permit her to retain her position.”’ rrow and _indignation manifested themselves in Mrs. Craven-Fair’s tones Continued on Ninth Page. 0 the year of vur Lovd one Mous Getween TNLesscin: 100t me sodt port wito Be suid part port and to e heurs g a s ct = et S N -_/..A'D—-.. Fac-Simile of the First Part of Deed for the Property at the Corner of Pine and Sansome Streets Conveyed by Senator Fair to Mrs. Nettie R. Craven. [Reproduced from a photograph Toqethet wieh all and singular the nements beradutamonts sappurten Viereunts belonging or w any wise remainder and remainders, rents, To have and to Mol el an singuber the 1a1d pronnses Ggother mif appurtenamces, unis the sa.d party of s sccond part Viwn borrm forever. In Wittness Whereof the sacd party of e first pore hoc hecomntn sot Hs Rand and seal the day and year first cbove writhe StgnedSented s Petwered. }/ g ; Fac-Simile of the Close of Deed for to Mrs. Nettie R. Craven. [Beproduced from a photograph taken by “The Call”’ yesterday.] ChisIndenture , Mok te Eeph7Z doy of Toe love 0ad offecton gnuch the >aid por af the second port as alse forthe hetler manfinan e Support protecting ond live hbood of The 3a'q port of The second porl do the S prescats Qve rant olhen and Confirm unfe e Sfl}fl/fi"’fr’f,’i’f sécond and n«.wgm[h Hesindiass i i 7 ’/L_/,m,‘/L,,. z Foy.2f Cy e i —iu{ sl i it - AT, o iy Aamtinn T e l G Attt ~eti] o Alonst i ld ao ‘:‘ > - £ Aew.? A iorimmiiv g 2 Y appertaming, and. tho roversim roversint, and e ght hundred ond amefy e [lnrt £ parr for and 1p considebatias of of Me second port; ey ! n/)m. first port ha ond bear of Be rever all o v < wZ v, (3Lt el taken by ‘‘The Call” yesterday.) THE EMPORIUM. THE EMPORIUM. PRESCRIPTIONS HERE, 25c. One of the most complete Dispensaries in the West. <A uni- form charge of 25c for your Prescription, unless some rare and costly drug is ordered, when cost to us will be charged to you. SAN FRANCISCO, JUNE 27, 1896. WE SELL GOODS TO-NIGHT. Below a few of the Specials for to-day’s shop- pers and the full program of the Grand Concert at 8 P. M. by the EMPORIUM Orchestra, under the fa- mous leader, Mr. J. Marquardt. 11urs and profirs theregl. and aritgms the Pine aad Sansome Strests Property, Showing Senator James G. Fair's Signature. [Reproduced from a photograph taken by “The Call’ yesterday.] Applique Border Wash Veils 48c. V‘; dozen Pretty Applique Border ash Veils in very choice patterns, bought to sell at 75c. Offered to-day and until sold at 48c each. New Tuxedo Veilings, 24c a Yard. 125 pieces of Chenille Spot Tuxedo Veilings, varied assortment of meshes, full 18 inches wide, price only 24¢ a yard. portation of all the latest ““get ups” in Veiling, among which are the new Honiton and Applique Border effects in black, cream, etc. new styles to select from. .Ladies’ Neckwear. 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OTE—These goods are_made in our own factory by San Francisco men and women, and guaranteed as to fit, quality and style. JUST RECEIVED a direct im- | More than 100 | PROGRAM. SATURDAY, JUNE 27, 8 P. M. PART 1. March, *“In the Swim’........Bruck . Overture,* The Thicving Mag- pie... ..Rossini . Selection from *‘Nadjy’.Chassaigne Waltz, ““Tales From the Saxon Forest” ..Fetras . Fantasiz, Biget - PART II. . Owverture," The Black Domino™ Trombone solo, S Meor.. -..Schubert . Potpourri, ““Musical Curiosity Scherg 10. Medley on T;Dpular Songs. | | | | Nothing in these suits but all-wool fabrics, substantial linings and first- class trimmings. If these suits suit you $12.45 will suit us to-day, no longer. They are sack suits, single and double breasted, in fancy black cheviotand blue or black clay worsted. | They were made for the opening sale | of THE EMPORIUM, to be used as reputation-builders at $15 and $16.50 a suit. 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Overlooking Central Park and the Hudson River- AMERICAN AND EUROPEAN PLANS. A cuisine and service anywhere in America. Passengers crossing the Jersey ferries take either Tt or i ave - L to 60th et of Broadway cable care to hotel. Boulevard cars passing Grand Cen- glll S:ldon relAch b‘:wl ln] 10 nsn‘annhes. M%‘:t o= an, $1 up. American plan, $3 up. com- letely equi] and most liberally managed hotel Bew Yonr . "W. JOHNSON Mgz, ‘WM. NOBLE, Propr. SWAIN'S N RESPONSETOTHE DEMANDS OF MANY of our patrons we have concluded to establish a“Table d’ Hote” dinner, beginning Thursday, June 25, from 5 to 8 P. 3., the price of which will be §1. ‘The high s'andard of excellence that we have so carefully preserved for so many years will recom- mend this new feature to the public. SWAIN BROS. Props. Swain's Restaurant, 213 Sutter." NOTARY PUBLIC. HARLES H. PHILLIPS, ATTORNEY-AT- 1aw and Notary Public, 638 Market st aite Palace Hotel. Telephone 570. Residence ‘Telephone; “Fine’ 591 NOTICE TO. SHPOWNERS ROM AND AFTER JULY 1, 1896, THE Spring Valley Water Works proposes to undertake the delivery of water at such wharves in this city as are supplied with its hydrants. ‘Written applications for water sre to be made at the water office, which the Harvor Commissioners propose to erect on the seawall. between Howard and Mission streets. Ships lying in the stream will be informed at the above office, a: the time of making such applications, from What bydrants their water-boats will be supplled. Reasonable notice must be given in all cases, and applications will be filled at the earlies: convenience, between tne hours of 7 A. & and 5 P. M. daily, Sundays and bolidays excepted, unless specially contracted otherwise By order of the Board of Directors. PELHAM W. AMES, Secretary. Redemption of Dupont-St. Bonds. REASURER'S OEFICE, CLTY ANDCOUNTY ot San Francisco, June 17, 1896. P Holders of Dupont-street bonds issned under an act of the State Legisiature entitled, “An act to authorize the widening of Dupont sireet, in the City of San Francisco,” adopted March 23, 1876, are hereby notified that the undersigned will re- ceive sealed proposals for surrender of said bonds, as provided by section 13 of sald act, at his office, In the New City Hall, San Francisco, until 12 o'clock noon of TUESDAY, June 30, 1896. The amount to be applied to the redemption of said bonds is about three hundred and seventy-five thousand dollars ($375,000). Bidders will state at what rate they will surrender their bonds for payment, less coupons due. No proposals above par will be considered. Bids to be indorsed, Dupont-steeet Bonds.” 2 City and County Treasurer. NNYROYAL PILLS “Proposals for Surrender of " A. C. WIDBE Driginal s By MITCHELL’S MAGIC LOTION. NEURALGIA.