The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-03-13
GERHARDT STICKS TO HIS STORY.
He WILL PLAY A WAIT
s..z ING GAME.
SILENT IF THE WILL STANDS.
IF IT Is BROKEN THE YOUNG MAN
WILL CONE. FORWARD AND
MAKE HIS CLAIM.


drama had been found, one who might
draw the full blaze of the calcium light
and allow Charley" to drop for period
into the shadow-and incidentally relieve
him of the incubus that is fixed by the will
itself to the star part-the loss of all if the
will stands.
No matter how the will is broken, if it
be broken, it would serve the purpose of
the son and daughters, and probably no
questions would be asked concerning him
who broke it. The man who attempts to
break it takes all the chances of loss in
case of failure, and as any number and
variety of children and widows not named
in the instrument have only $50-their
stipulated legacy-to lose, it might be con-
sidered better speculation on the part of
anv such to make the attempt.
For, despite the fact that the Fair will
case has been in the courts with an army
of lawyers for several weeks past, it is as
well to keep in mind the fact that no con-
test has as vet been filed.
Mr.. Knight says they will contest the
will and, as Marc Antony once remarked,
and repeated it over and over, 'he is an
honorable man" That is as far as the
contest has gone.
If new claimant should come forward
with only $50 to lose and a few scattered
millions to gain. it were natural to pre-
sumo that Charley Fair would greet him
cordially, politely point the way and,
hand, to the $50 legatee, "After you"
He would doubtless be willing to ''stand
good'' for the fees of all those high-priced
attorneys now listed in his own cause, and
few more, if the young man insisted.
But now comes Curly Bill" Gerhardt
by your leave, good sirs, the boy will re-
main in the wings and watch this play"
1t is not notoriety, then, that James G.
Fair Jr.-now 10 years of age, and already
perhaps feeling the weight of name that
his mother does not wears seeking.
One can easily see why this young man
might not enjoy turning his face toward
mother--twenty years dead to her old
associations, living quiet and retired life
upon the $4,000 of old Senator Fairs
money handed to her by John Mackey-
might not like it either.
But it is q principle of law that even lay
men know that mother cannot sign
away the rights of her child, and if there
is James G. Fair Jr. the bond counts for
nothing. He has good standing in court
for an attack upon his fathers will who
cut him off with $50 and burden-the
name of James G. Fair Jr.-that must
turn the public eye askance down all the
years of his life.
So Gerhardt, who claims to know all
about it, says that the unbidden boy will
stand aside and see the game played out
by the others.
If the will is broken he has but to step
forward into the light, with "Curly Bill'
Gerhardt and Jim Showers and perhaps
Ellen Stevens, if necessary, by his side
and claim a million or two. With this
much even oblivion might be purchased.
If the will stands what dust has gathered
over this incident of the old Comstock
days will not have been much disturbed.
"Curly BilP' Gerhardt is a plain man,
| and when asked yesterday what reply he
had to make to the Before God I do not
| whereabouts of j. G. Fair Jr. said, with a
simplicity that might call. up pictures of
the old Comstock days, He merely lies
Jim Showers is the man who will pro-
| duce the boy James G. Fair Jr' when the
proper time comes" he said with convinc-
ing confidence. "He Is the only man who
knows where the boy is, and from what he
said to me know he intends to bring him
to the front.
"Now as far as the original document is
concerned, whereby Fair was released from
any further claim on the part of Miss
Stevens, | can say this: l had the paper
which Showers frequently read. That
| was JldCCu III Vic SAFE VI 0cI-
hardt & Derby in Virginia City.
about five or six years ago Derby, who
| was an official of the Alta Mining Com
pany, began juggling with the funds of the
! concern. During this time he had the Fair
paper in his possession and just before the
| collapse came wrote to me that he in
tended to sell the safe of our old firm. He
| said he would take the contents, among
which was the document signed by Miss
Stevens releasing Fair from any further
/ claim, to his ranch near Reno. That paper
| is still there but cannot be had by any one
but myself, as l took the precaution of
placing it in an envelope Endorsed by my
self. Just as soon as the will is broken the
boy will be produced along with the docu-
ment."
"Will Derby give that paper up to any
one but YOURSELF"
.'He can't. Although he is no longer in
| Virginia City he has the papers slowed
away where he can get at them at any
time. That particular document he would
tinct understanding that the paper should
never be given to any one but me.
"Derby." he went on, F." is now in Atlanta,
| Georgia. If the boy is brought forward |
will be willing to go there, if necessary, to
get the paper which will prove his parent
age do not believe such step would
| be necessary though, for the paper I would
|
near Reno and / think | could get it by
simply writing for it. There is one thing
sure, that paper will never be produced,
nor will the boy, unless the will is broken.
1t kind of looks as though it would
though, don't it? And when 1 produce the
papers I'll bet anything Jim Showers will
| have the boy"
There are few good lawyers in the city
who have not as yet been engaged on
either side of the will case, and these take
about as much interest in watching its un-
| folding as do those directly employed.
a little case in Judge Slack's court
yesterday caught the attention of few Of
both the ms and outs. The affidavit OF
publication and of adjudication in the in
solvency case of Henry Foote was shown
by his attorney, Mr.. Pistolesi, to have been
lost. Judge Slack, upon a proper showing
allowed them to be substituted by certified
copies. They were the essential papers in
the case 1t is Judge Slack before whom
Mr.. McEnerney is pleading this same point
in behalf of the 'stolen or distracted" will
of James G. Fair. He asks to be allowed
to substitute the stolen papers with certi
fed copy.
Some lawyers say that this is practically
a judgment for Mr.. McEnerney and the
executors of the Fair will as the issue is the
| same The LAWYERS in opposition how