The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1896-07-19
THEY ALL SAID
IT WAS GENUINE.
Attorneys Now Opposing
Once Swore by the
Pencil Will.
MR.. ROBERTS SAYS so.
D. M. Delmas Figuratively Nails
Opposing Counsel to the
Cross.
WHY THEY NOW DIsBELIEvE
Changed Their Attitude When Judge
Sack Decided the Trust Clause
to Be Invalid.

ibid Reuben h. Lloyd say to you that
he had every faith in the pencil will when
Mrs. Craven produced it2"
srYes, sir. He said he had no doubt of
its genuineness."
"And George A. Knight, attorney for
Charles L. Fair, what did he think of it?''
"He thought it was genuine-was certain
of it."
"And Charles Heggerty-what did he
sayP''
"Re was absolutely certain it was the
genuine last will of Mr.. Fair"
"And Russell J. Wilson-dld he think
so?"
"0h, yes; he thought So"
"Charles S. Wheeler-what did he say
about itP"
"He said he was convinced that it was
genuine"
"And Richard V. Dey?"
"He was ce rtain that the pencil will was
the true will"
land Charles L. Fair, Senator Fairs
son2'
"He said as soon as he saw the docu-
ment, THAT is fathers handwriting.
did any of these gentlemen at any
time previous to the order made by Judge
Slack declaring the trust change in the
will of the 21sJ TO be invalid press any
doubt of the genuineness of this pencil
will of the 24th?"
mo, SIR
| In this way, time after time during the
taking of the deposit ton of Stephen Roberts
! yesterday in the matter OF. the Fair will
! did Mr.. Delmas call and nail to the cross
OF their own deserted cause the attorneys
who are now arrayed against the pencil
| will and Mrs. Craven and her deeds.
| OF all this list of attorneys and others
! Charles Heggerty was the only one who
| had the temerity to be present at the
ceremonies. And there were interesting
moments for the representative of Charles
l.. Fair.
After the nails had been driven the Sec
ond time in the series and Mr.. Delmas was
busted for the moment haInmering about
and STRENGTHENING the pedestal of the
cross, Mr.. Heggerty tore himself loose,
whispered in the ear of McEnerney, and
still wearing that smile that even his suf-
ferings could not Danish, he disappeared.
| McEnerney ana Mitchell, whose inter
ests-ard whose clients interests-all lie
| IN the trust will, and who have, therefore,
! been consistent in their antagonism to the
| pencil will, were unable to conceal a GER
| tain keen enjoyment in these cruelties.
McEnerney especially smiled deeply, and
fell TO drawing funny pictures as one after
the other OF his present associates-lately
his bitter antagonists-were called up and
the witnesses detailed how they had lately
been ready to swear eternal fealty to the
pencil will.
The compromise contract took the first
place in interest during the day. Mr. Nc
Enerney wanted TO know more about it
| the first thing. The witness SAID that
Russell j. Wilson, as attorney for Virginia
Fair, Mrs. Oelrichs and Charles Fair had
made the offer in the first instance of
$500, 000 the consideration being that Mrs.
Craven should withdraw all her claims
against the estate The offer was also to
| include DR.. Marc Livingston and his
claim. The condition of the contract was
that the money should be paid upon the
filing of the will. and without regard to
which OF the wills was finally probated
! There were present at the interview
| Samuel M. Shortridge, DR.. Leyingston and
! Russell J. Wilson and Roberts There
| was provision IN the contract that the
trust clause should be defeated in. the will
of the 21st. Mr.. Shortridge drew his PEN
Gil through that provision. however.
| The money was to be paid on the distri-
button of the estate.
| There was another interview concerning
| this contract, held this time at Mrs
| Craven's house, at which also Russell ].
! Wilson was present, representing the chill
dren. at that time Roberts made prop
osition on behalf OF Mrs. Craven that she
would accept 100000, half of which was
| to be paid cash.
| The question was asked as to what share
of the $500, 900 Mrs. Craven was to receive
! but this brought an objection from Del
| mas.
| McEnerney explained that he desired to
show for what sum Mrs. Craven was will
! ing TO release claims which she valued at a
million and a half and Delmas, saying
/ that he knew personally all about the cir
cumstances, perhaps more than Mr.. Nc
Enerney did, or at least more than his
| questions indicated that he knew, assented
80 la< ion n ~ rlnfr, 70 b.
more than Mr.. Heggerty," he added, ''for
; the proposition was made with the sane
| ton of his partner, George A. Knight"
This shot, directed at Mr.. Heggerty, who
was present, brought quick denial.
81 have it on the word of as honorable q
! mean Russell ]. Wilson; he would not tell
lie. He told me that Mr.. knight, the
counsel for Charles L. Fair, had author
lied the offer of $500, 0O0.
| Mr.. Mitchell maze persistent attempt
at the relief of Mr.. Heggerty, calling the
| gentlemen to return to the witness.
But the word of a gentleman whose in
tegrity should not be questioned has been
| attacked here, and do not think it. should
| be allowed to pass" said Mr.. Delmas.
His office is in this building, and he can
| be called"
Mr.. Heggerty disclaimed any intention
/ OF taking Mr.. Wilson TO task. He had I'M
/
had been offered as the compromise figure.
1t was misunderstanding, that was all
:, Everybody, including Mitchell and Nc
Enerney, and especially Heggerty, mixed,
and the witness continued. He said that
1t had been figured that DR.. Levingston's
commissions as executor would amount to
about 100000. He was not to be allowed
more than 100000"
Mrs. Craven told you that she had
will of Mr.. Fairs stolen from her yeral
years ago, did she not?"
es, sir. woman called at the Cali
fornia Hotel who represented herself as
Mrs. Craven's friend. Mrs. Craven was
not in, but. upon the representation she
made, the clerk gave the woman her key.
When Mrs. Craven came home she found
! her papers scattered about the room. her
desk open and the will and several letters
were missing"
Ibid she ever lose any other wills?p
YES sir. There was a will that she
had placed in the hands of her brother-in-
law, Mr.. Macarthur. 1t was stolen from
her en- route to New York at a station lust
beyond Ogden. She carried it between the
mattresses of her berth. She felt hand