The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1895-02-08
THE CONTEST BEGINS.
Fairs VIII Must Go Through
the CrucibIe.
A BATTLE FOR MILLIONS.
Probate Of the Lost Document to
Be Opposed.
MANY ATTORNEYS ARE In THE FIGHT.
A Wise Man of Illinois Offers to Find
the Missing Instrument Clair.
Voyant interested.


The dead Senator's millions will not re
main in the hands of the executors for al
indefinite period if the attorneys in thu
case can precipitate matters. The latte
are in force and lively times are anticipated
The different interests are represented
by the following lawyers: Charles i. Fair
George A. Knight, Charles H. Heggerty
and Governor James II. Budd; Mrs. Her
man Oelrichs and Miss Virginia Fair
Reuben H. Lloyd, Charles S. Wheeler
John CARRIER, II. Boalt and Thomas B
Bishop; the trustees, Messrs. Bresse
Angus and Goodfellow-W. NJ. Pierson, R.
B. Mitchell and w. S. Goodfellow; absent
heirs-John R. Percy; collateral heirs
George r. B. Hayes, John A. Stanley,
Carrot McEnerney and Henry w. Brad
| ley; unrepresented minor heirs-Arthur
Rodgers and Van r. Paterson.
The contest was practically commenced
in Judge Slack court yesterday morning,
when Charles S. Wheeler, on behalf of
Fairs daughters, asked for a continuance
of two weeks. 1--WE have determined to
oppose the probate of this alleged will of
James G. Fair" said he. SIN order to do
this we require time to prepare the neces-
sary petition. That, L think, will require
at least two weeks"
w. M. Pierson, on behalf of the trustees,
was the first man to make an objection
The probating of the will means much to
the executors and their attorneys. If it is
probated before the contest is commenced
they will have ample means, controlling as
they will, the millions of the dead Senator
during the legal battle. If it is not pro
bated they will have to furnish the sinews
of war themselves.
The probating of this viii, which so mys-
teriously disappeared from the County
Clerk Office a few days ago, was set for
yesterday. When Judge Slack assembled
the bench Charles L. Fair, George A.
knight, Reuben H. Lloyd, Charles S.
Wheeler and a dozen others interested in
the case were in attendance. Knight and
Wheeler opposed the probating of the doc
ument and asked for a continuance. Pier
son was against continuance, owing to
the fact that many weeks had elapsed
since the filing of the will. The necessary
papers, according to him, could be drawn
in ten minutes. knight laughed at the
idea and insisted that it would take at least
two weeks to prepare the pleadings. When
the attorneys had finished talking Judge
Slack remarked that technical showing
for continuance had not been made, but,
in view of the peculiar circumstances sur
rounding the case, he had concluded to
give counsel the time they wanted. He
therefore ordered the proceedings post
poned two weeks.
'From a legal standpoint" said Carrot
McInerney, yesterday, 'the position is just
this: The law provides that if will is
lost it must be probated as "a lost will
w. M. Pierson wants to establish it as "a
produced will, and therefore he opposed
continuance, because he thought the proof
that the document was lost would be fatal
to the probating of the will. On the other
hand, Arthur Rodgers wants to establish
the fact that the will is lost. If he can do
so it will throw the trustees and all the
contestants upon their own resources"
cit is simply question of law" said r.
B. Mitchell. 1.-The matter will have to be
argued pro and con, and if the Judge de-
cides against US, why, we will have to
prove the lost will. Of course, it may be
forthcoming in the meantime, but the
chances of such lucky solution are very
meager."
'sThe will of the late James G. Fair was
offered in probate, filed in the County
Clerks office, and as such is part of the
records of the city and county," said w. s.
Goodfellow. "Such being the case, we will
attempt to probate it as "a produced will,
and think we can establish our case"
''That lost will will never be probated if
we can help it." said Charles S. Wheeler.
"Our pleadings will be ready in two weeks
and then the real contest will begin"
The loss of the Fair will seems to be at |
tracing a great amount of attention all
over the country. The following letters
were received yesterday by the County |
Clerk:
To the County Clerk Of San Francisco-DEAR
SIR: | want to call your attention to an item |
seen in the Chicago Tribune in regards to the |
will taken out of your office belonging to |
will make a proposition to you which will |
not cost you anything at present, nor will not |
cost you anything unless have that will re-
turned to you. So what want you to do is to |
send me three small chips Off from the post OF |
the door where the person went out after hay
ing the will in his possession, and if 1 won't |
have it returned to you it will not cost you a |
cent, only two cents to send the three chips |
Just make them about an inch long and three
of them; and if you have the will brought to |
you give me whatever it is worth. So let me |
hear from you at once. the sooner the better
Hope this proposition will be satisfactory, and |
obiige yours, respectfully NJ A. s. SHARP,
P. S.-If you send me the chips do not wait a |
sooner get them the three inches |
/ can act upon.
SEATTLE, WASH, Feb. 8, 1895.
County Clerk Curry-DEAR SIR: In addressing
myself to you do not deem an apology neces,
sary. The object of this letter is twofold-the
of mystery in the interest of
jurtice and, If successful an acknowledgment
on your part OF the same. You say you will
use every endeavor to recover the will OF the
late ]. G. Fair, stolen from your office, and
offer my service as a true clairvoyant and clair
audiant to assist you free of charge Should T
be the means of furnishing you with such clews
as to enable you to recover the lost will or to
apprehend the thief by describing him, ali the
compensation ask is to acknowledge the same
either in letter to me or in the newspapers.
All require of you is to send me in your
own handwriting the date of your birth and
he color OF your eyes and hair Respectfully
ours, FLORENCE MARVIN, Seattle, Wash.
County Clerk Curry is disguised. He
asserts that he will not write, and as to
lair he'has none to spare.
Forgery Not Proved
The case AGAINST