The New York herald., 1872-10-18
LAURA D. FAIR.
HER SUIT AGAINST HER MOTHER.
HOW Laura Made Her Money and
How It Was Spent.

,From me san Francisco Morning Call, Oct iOl
Yesterday, In the Fourth District Court, the trial
ofthe case Of Laura D. Fair against Mrs. Lane was
large number OF spectators, who seemed to take
great interest IN the proceedings Mrs Fair was
Judge Tyler read the testimony given by Mrs.
she swore that the $1,000 had been transferred to
her. that DR.. Trask could get It, She testified
time she would get out She dia not want any one
70 get 1t TO cheat her out oft. \
JUDGE LEANDER QUINT
testined:-Have been attorney for Mrs. Fair;
know Mrs. Lane; had conversation with her IN
don't know that she told me now the money came
there; she said that she had $500, being the pro-
o. sae % 81 ner sae sas N
the bank; she said she had sold her house on Bush
street for $500 ana tnat when sne nad a. nsed snat
the bank; she said she ought to be paid for her
services in taking care OF the child.
Cross-examnatlOn-She complained that she had
used $500 OF her own money for herself Mrs. Fair
and the child; when that was gone she commepced
TO draw money from the bank; she complained be-
cause she had to expend that much money Of her
own.
MRS. FAIR RECALLED.
The $500 had been used for general cxpensesi
when it had been used supported MRS Lane; !
this difficulty commenced / could not tell how
much she spent; she paid $25 per month for her
amounted to SIS per month; she paid Dudley $500,
which did not not owe him at all ! l employed
Dudley to attend to the rask WAS to pay
he came to me for $50 more; / told him he had been
paid enough without doing anything; he said his
was worth sOmething-u uaughteU
wrote my mother note, and said that he wanted
to go to San Mateo county for me; did not ask
bills without my knowledge; when ascertained
that she had been paying out money without my
authority demanded the bank book to see IT; she
refused to produce it, and then made the attach
ment.
Mrs Fair here leaned her her head on the Judges
MT Johnson-Have you that will which you spoke
mrs. s'F FairyMr. Tyler has it.
Mr.. Tyler have the paper; 1t is not will
He then handed the paper to Mr.. Johnson
Mrs. Fair continued made this will; told
her 1t did not suit me- and she drew up another
one; Of the funds drawn out Of the bank she placed
three thousand or iour thousand dollars IN the
trunk for general use; that money was exhausted
In six months; before the trial the $500 she spoke
of was used up; from the Sd Of November, 1870, my
money paid all the expenses she was not to pay
anything out Of this 200 without my authority.
after mother took the money out of the bank and
put 1t IN the trunk OF course ! did not draw
edge Il had paid him $4,000, and considered it had
been enough; brought the suit when she refused
s Of te pay
ment; the $4,000 was not put in the trunk at one
time she drew checks and made up the amount.
A LETTER FROM MRS. LANE.
Here Judge Tyler read letter written by Mrs.
Lane offering to compromise, which is as fol-
LAuRA-Mr Trpp has told me what you said in regard
the money am ready TO transfer The money 70 you
The bank. that neither of take it out without
e just sp the H same the money nine and
II my death 70 go to you or baby Let me know 50 will
LAWYER HOLwAY.
Am the attorney who brought this suit for Mrs.
Fa ir; went to see Mrs. Lane about it she told me
h. Il she must have an accounting with Mrs. Fair,
IN, then she would transfer 1t; she said that she
nal | advanced money for ner; she said that she
4 been deDendent Mrs Fair and did
wis ITO be SO any longer; she said that she would
sina Hsuul VI money regularly lot ner support; was
pres ent at a conversation between Mrs. Lane and
Shel III Adams; she made no claim then to the
mon ey
or 1ss-examination- said she was willing to
pay ne money back II Mrs. Fair would give her a
small sum OF money.
Mr Tyler here said:-I propose to prove by Mr..
HEX ,x that he sold forty railroad bonds for Mrs.
Fair and that he deposited the money-$4O, 000-in
the b., INK OF California in Mrs. Fairs name.
Cou psel for the defendant consented to admit the
Mr. Hickox not being in the room, Judge Tyler
then offered in evidence the first paper made by
Mrs. L ane; and said that the VIII had been drawn
pn tho 2Oth osJnly, and had been executed over
month before the other will published in yester
way : : wv MRS LANES FIRST WILL,
Ae pa per referred TO, contains the following pro-
lsions She bequeaths, after the payment OF the
xpeDs es to her daughter, Laura D. Fair, by
/, hatev er name she might be known-whether as
rs. Fs ,ror mrs snydera,all her personal property
ir she uld die before testator then she gives to
: pr, nddaughter, Lille Fair, the daughter Of
vas duly Laura n' D. FAIR lnt Is ap
- pted executrix without bonds.
ps afied Had conversation with Mrs. Lane;
on nAulow whether 1t was before the commence
aei u OF this suit; it may have been before; Mrs.
AN ecs%imed portion of the money for her sup
or, sne said that she wanted some money with
gne nto support herself in her Old days; she said
omt tAnlng apou. .. sea 'iGes IenucIeu. ~, -,
Cr ss-examination-i can't recollect the precise
this conversation before eucp-
nent OF the suit.
Tn. The case for the plaintiff was here closed.
THE CASE FOR THE DEFENDANT.
Mrs Mary Z. Lane was sworn and testified
oows - am the defendant in this action;
ave peen engaged in business with the
'alntn "a uns snu e np up ~ b 'Ie Is, 'iIe @ rha ede
he Tab ~, ~ ~, ns"at m So aeu ;.h n1 .aue
Iouse VII, not sransacI business WIN her; the
Tahoe Ho h nay Dven i, s ~ ooa W US te
nvselr am ldaugnter; II belonged to Mrs. Fair and
nyseIt ioi rly; she took the money made In the
,anse and invested 1t In mining stocks; in 1864
he Iett The house; she had been there about
car. Mrs Fair and never had any settlement of
,,r husnes affairs until after this difficulty dur
mo- her Abs ence In the East the money that
,aSon9aa S @ ~ he firm was deposited in the Bank OF
california: never drew any OF it; the money was
,annsitad to my daughters credit: she wrote
.everai times 70 me- requesting me 10 draw money
r,mr W. moved that this evidence be sriken
m, ae rho iet, ers themselves were the best evil
,..' ,n.,a - ~ Tho con tents.
ience OF ,ne c9h eIetters have been destroyed; i
a 4 p n,a & - oora, ;, OF letter left they de-
. y. o5 IN 5oanra * commencement OF this suit; my
~. a y h,ay hoa tho general management ana control
Ia sunu.e tnn n,nnays deposited; when settled she
" W W .nu -, sS nsS for NV portion OF the money de-
posted; afterward ~ , sa ~. co., 9 v c, 49,, aa.J ui
me asa nrnnartv IN her child; when the agreement
xas made Colonel d, ldey was present; In carrying
~, tho agreement q, Aonel Dudley went with me TO
,ano., tho money. j deposited $4,000 in two
10 pps. gave almost nine thousand dollars Of Ii to
San. nayer drew ony OF the money ont OF the saw
ings bank for any purp yS-no - eNvn ehe mteresti
nothing said TO 1 .,, pme.. .nat .ne money
should be deposited int ua'N ., ~ NY naihe ior con
venience; she gave me ns pv , no sn ~ W. & money
xsOOO-and about the So nv s .ie aon se ,oiu e sne
wanted TO give me anoth so,ouo, ,n p,osunlg ias
would make will giving ~ it 'ie =, ~. ~ !, ~
died first; had to make u ~ wiz ~ 'ia' ehco'' anu
did So ,un,ies,on a. ,vo to ,ho
Judge Tyler then asked p a~ussion ~ W ~ 70 ,, sne
Twelfth District Court room e rnrt 49, .1.. r