The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-03-06
IT ADJoINS THOSE OF KNIGHT &
HEGGERTY, HIS LEGAL
COUNSEL.
FORCES ENTRENCHED IN LAW.
MCENERNEY WINS A PoINT-BoTH
He AND PIERSON CLAIM
ADVANTAGE.

JuQge SLACK OVerruleQ the demurrer TO
the filing of the supplemental petition of
the executors of the Fair will yesterday.
The supplemental petition, which tells
the story of the stealing cor abstracting"
of the will and which offers certified
copy of the document and proof of the con-
tents of the will, is therefore allowed to
go in.
In this the counsel for the executors win
the first point in the preliminary Skin
mish.
Did any of the attorneys for the heirs
file contest of the will?
No.
Did they repeat once again with empha-
sis that they intended to file contest of
the will?
Oh yes, indeed, with great emphasis, as
though it were this time for the cigars.
Did they say just when they would file
the contest?
Certainly not. Would you have the
lawyers commit themselves Not in a
hundred years.
Were all the great army of learned
lawyers present?
Certainly; every one.
Why were so many lawyers present just
to hear the Judge deliver verbal opinion
on preliminary motion?
The lawyers think this is very impor-
tant matter-to them-and they must have
it in evidence that they have earned the
fees that they expect to collect as this thing
goes along.
What will they do nowP
Well, they will meet again in Judge
Stacks courtroom next Saturday morn
ing. Mr.. McEnerney, not satisfied with hay
ing his supplemental petition and certified
nf fharx oil alb 4 )
yesterday to authorize copy of the stolen
will to be substituted in place of the lost
original. The motion was made under Sec
ton 1045 of the Code of Civil Procedure
which says: "H an original pleading or
paper be lost the court may authorize a
copy thereof to be filed and used instead of
the original" Accompanying the motion
and as part of it was another certified
copy OF the stolen will, made by County
Clerk Haley the day the will was filed.
The motion was made upon the affidavit
OF Harry Piper, chief deputy, to the effect
that the Will was stolen between the 25th
and the 18th days of January last, and that
every endeavor had been made to recover
1t without success.
This was done for several reasons, doubt
less. One was because George A. knight
of the counsel for Charles L. Fair had said
that the other side never alleged that they
had tried to recover the will; also that
bAICS Ildu OSCO II16 WOTQS 'SJOI6n OF 4D-
stracted," which left doubt as to which
1t was, or something of that kind. An
other reason was the desire of Mr.. Nc
Enerney to cover the situation in as many
ways as possible, and perhaps another was
to keep up the excitement aud give the
gentlemen this chance to gather together
again.
VIII the contest be filed, then, next
Saturday.
Oh, no; they will simply argue-Mr.
McEnerney in behalf of this move and Mr..
knight and Mr.. Heggerty and Mr.. Wilson
and Mr.. Wheeler against it. Mr.. Pierson
and Mr.. Mitchell and Mr.. Rogers and Mr..
Paterson, who are attorneys for the other
heirs and the executors, will be present
and may make remarks in an undertone to
each other by way of showing an interest
IN the case sufficient to entitle them to
large sums of money when the division
takes place, but they will not talk to the
court.
Why2
b Because Messrs. Pierson & Mitchell,
who were the original counsel for the
executors and who drew the will over
which the threat of contest hangs, are still
opposed to Mr.. McEnerney's attempt to
straddle the situation.
Did not Judge Slack's decision yesterday
admitting the supplemental petition de-
monstrate that McEnerney was right about
it, and, therefore, heal the breach between
these two eminent lawyers who are ex-
pected to work together?
On the contrary, the decision sent them
flying in opposite directions. The breach
has widened and deepened. Both are en-
tlrely pleased with the Judgment, and each
declares that it sustains him.
MIR. McEnerney points out the fact that
the opposition was oVerruled and his petit
ton admitted, and cries 1T is enough! /
am vindicatedr' Mr.. Pierson smiles coldly
and reads the language of the court, "'If
the supplementary allegation as basis
Tor the introduction of secondary evidence
IS unnecessary, no motion to strike it out
has been made. For these reasons the
petition is overruled.' Ergo, had there
been motion to strike out it would have
been stricken out, and therefore my posi-
ton is shown to bescorrect.
VIII it be impossible to reconcile the diff
ferences between these great lawyers
BY no means. Do not worry about them
VIII Mr.. knight and Mr. Heggerty and
Mr.. Wheeler and Mr.. Wilson make mo-
ton to "strike out" the supplemental petit
ton, as is indicated might go with the
court?
Rest assured of it. They will not lose a
point. If the court drops any other hints
suggesting further possible arguments or
delays they will assemble in their great
numbers before him and make them.
When will the contest be filed, then?
heaven alone knows.
Has not the court fixed day for the ar
gument of the petition for probate?
Oh, yes; that is the 18th of March, at
which time it might be expected of the
alleged contestants that they must fish or
cut bait. But you know how artful and
resourceful these lawyers are. When they
want large share of large estate they
get it, don't they? Just so, also, when
they want more time they will get it.
Are the lawyers for young Mr.. Fair, who
wants to break his fathers will, pleased
with Judge Stacks decision yesterday?
No, they are not pleased.
Are they very angry and do they swear :?
Oh, no; they have very little to say.
They are thinking.
Cannot Mr.. Knight be induced to say
anything with his loud voice2
Nothing at all.
Nothing?
Oh, well, yes; he says they intend to con-
test the will.
Has the firm of Knight & Heggerty
moved lately2
Yes, they have moved from the top floor
of the Chronicle building down to the fifth
floor, where there was larger suite of
rooms and where another room could be
had adjoining their offices. This adioin-
ing room has also been rented.