The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-03-10
POSSIBILITY THAT CHARLEY FAIR
MAY BE RELIEVED OF HIS
RESPONSIBILITY.
AN HEIR WITH ALL TO GAIN.
A RULING TO BE MADE NEXT SAT-
URDAY LOCATING THE
LAWYERS.

| pICccHb lllliCdllOHS GIlS COII JllCsi-
tons over the will-not to mention the
estate until later-of the late James g. Fair
promise to be of an interesting character.
Already the contest which has been prom
ised on the part of Charles L. Fair has
stirred up more of the circumstances of
the life of the multi millionaire than ever
his children and their attorneys thought
likely.
| When the Fair offspring held their con-
situations with attorneys and finally con-
cluded to wrest, if possible, the control of
the vast estate from the hands of the trus-
tees selected by their father there was evil
IDENTIFY much that was overlooked. They
did not apparently reckon on records of
the past and deeds of which they were not
aware being dragged out of the dim vistas
of the years gone by and materialized into
substantial facts.
Such has been done however, and now
the attorneys who represent the known
heirs are somewhat handicapped by
rumors and statements made, which, if
true, would cause a revolution in their
case.
1t is for this and other reasons that they
have been fighting for time. There is so
much to verify and SO much to sift out in
order to get at bottom facts that they want
al the time they can possibly get. 1t is
not the events in the later life of Fair that
they are bothered about, though, but those
immediately preceding his divorce The
main figure in this is the alleged illegiti-
mate son. That such parsonage exists is
said to be we'll known.
In speaking of this portion of the story
last evening, J. J. McDade, the attorney.
said that he had information that Fair was
the father of a child by an Irish girl, and
tb at the moth md child III
taken care of in Sacramento. When Mrs.
Fair learned OF the matter, she investigated
it, and found the child, but it was claimed
to be the offspring of Long" Jim Smith, a
stage-driver; the latter, in fact, emphati-
ccally claimed it, although Fair provided
Tor Its mothers support. This was all that
was known by Mr. McDade from hearsay.
Mrs. Fair visited the child and said she
was sure that Mr.. Fair was the father.
Then followed the divorce suit, and in that
was developed a point which NAV have an
interesting bearing upon the present will
case and affect the future of the youth of
whom 1t was claimed Fair was the father.
Henry Munger of this city, who was well
acquainted with the affairs of the dead
Senator, said yesterday, in speaking of the
matter that this ENHANCEMENT of Fair
with the Irish girl was at the bottom of the
trouble with his wife.
Mrs. Fair learned that the boy had been
DOII, Ne Sdlu, ana SDe never had the
same feeling for her husband afterward
They had no open rupture, but she frankly
told him that she would not live with him
as wife. An effort was made by Fair to
deceive her as to the paternity of the child
but she would believe nothing but what
was evident to her as facts.
But the point that will come out in the
present proceedings is one that was re-
veaIed IN the taking of testimony in the
case. Fair was not anxious to fight his
wife; he knew she was right in her con-
tention, and, in order to avoid any extern
sion of the case, he, through his attorney,
acknowledged that the baby born in Sacra-
mento was his child. He not only CON
coded this, but everything else, and even
divided his fortune with his wife as every
one knows.
Now the attorneys in the case are busily
engaged in going through the records
of the divorce case in Nevada in
order to see if this acknowledgment of his
son is recorded, as it must be, in the pro-
ceedings. If such is the case one can
imagine what an important bearing it will
have on the proceedings.
Fair knew that the boy existed, and,
although he settled $4,000 upon the
mother and like amount upon the bow,
he inserted that $50 clause in his will to
head off any claims that might be made
by either of them. The woman is now
suppose she would begin any contest. 1t
is different with the boy, who, | heard, was
in the hands of lawyers who will push him
to the front to contest his rights"
So the Fair estate case stands at present
outside of the court proceedings
mo, there is nothing new regarding the
will beyond the fact that the case comes up
again on Friday" said Attorney Heggerty
yesterday. The only thing know about
another will is what Mr.. Goodfellow said
yesterday, and that was he knew there was
another will which no one in San Fran
cisco had seen, but which would be pro-
duced before long. He did not say where
the will was nor who had it."
"Have you heard anything about the IL
legitimate son appearing?"
Yes A certain person stopped me in
the street the other day and said he knew
of such child and where it is now. and
that he was to be brought forward as a
claimant to portion of the estate.''
'Does not the will provide for all such
claimants?"
Now there is question. Of course a
great deal has been said about the safe
guards Mr.. Fair placed around his will
and many people have pronounced it the
strongest instrument ever drawn. That
may be so, but there is a difference of
arranges for settlement with all such
claimants is inserted in the will with an
explanation that his experience of other
mems estates after death caused its in
sertion. Now, here is the proposition
which has been advanced: The will is
practically photograph of Fairs mind at
the time he drew the instrument. He
must have thought of something in his
past life and had some one in mind who
would be likely to come forward after his
death. The natural conclusion would be
that having such party in mind he knew
they could establish claim
"How do you think the court would
construe that?"
"Well that is not for me to say. These
explanations have been advanced, but
whether they would be so construed by the
court do not know. AS to an illegitimate
child putting in claim it could only be
done in one of two ways. There would
have to be an acknowledgment of parent
age by the father, or the mother of the
offspring would have to prove right to a
claim on the estate"
IF, when settlement was made with
the mother of the boy, Fair signed an
acknowledgment of the reasons for pay
ment of the money would such document
be accepted as proof of parentage, and en-
title such offspring to share in the es-
tate 2''