The San Francisco call., 1896-08-04
WITH CLIENTS
ON BOTH SIDES.
Garret McEnerney Scores
the Counsel for
Fair.
HAVE BEEN COQUETTING
Should Be Forced to Take a
Stand on One Side or
the Other.
PUBLIC MORALS AT STAKE.
Interesting Session of the Army oi
Lawyers in the Famous Will
Case.


court there was breathless lowering on
the brink of great truths in the matter o.
James G. Fairs last will.
A il the big lawyers engaged in that most
remarkable controversy were gathered to
gether, fencing, fencing.
Only one or two in all the army hold
the same sword and swear the same
allegiance under which only brief year ol
so ago they started. Such substitution o1
banners, such changes of front have been
made that it is not strange that man
hesitated to make thrust at a one-time
enemy in the fear of Staying friend; that
he shall have held his hand when con-
fronted by an old terminate, and so run
chances of being slain by his enemy. Did
not Horatius, after inviting fair woman
plaudils on his bravery, conspire delib-
erateIy 10 hand the bridge over to the
invader?
George knight and Garret McEnerney
we're at daggers' points yesterd ay, knight
being the aggressor, when suddenly be
brought confusion to his adversary who
was about to triumph at the moment the
latter was about to deliver an effective
stroke, by crying: "Holdl make no mis-
take l may be your ally little later"
but you were my ally; till now
thought you had been all alongI" cried
McEnerney.
Il may be again." said Knight. 81
want to save you from mistakes that may
occu through any misunderstanding. We
have not made the summersault that We
appear to have made"
Nearly every phase of the complicated
litigation had some point TO be adjusted
and this brought about the general and,
TO the outsider, very Interesting, If some
what confusing contention. All matte rs
connected with the litigation were set for
hearing.
There was first the deposition OF Mrs.
Craven, interrupted at that night session
some weeks ago, when The lady took i'll.
She has remained i'll ever since. Her ply
sician, Dr.. &. A. Clinton, was in court to
Say that 1t was impossible for her to be
present.
Mr.. Mitchell then suggested that the
deposition be taken in the lady's home.
Mr. Delmas said he had no objection if
Dr. Clinton would say that she was equal
TO the ordeal. DIR. Clinton might be con-
suited with tomorrow about 1.-The matter;
lie (Delmas) had not seen his client for
weeks.
The matter went over by consent to
August IL.
Ilere was the case OF ar against
Angus to break the trust of the earlier
will That was the matter that brought
about the collision of all the forces. Gar
ret McEnerney, representing Mr.. Good
fellow one OF the trustees unuer that early
will led the charge and bore the brunt of
the battle. He stood, he said, where he
had first taken his stand in this litigation,
and had watched the changing position of
one phaianX and another. He moved that
the cause be indefinitely postponed. He
asked leave to argue the question and to
present the depositions of Stephen
Roberts, Mrs. Haskins and Miss Margaret
Craven as afidavits in support OF the
motion.
Charles S. Wheeler objected. He said
the dispositions had been taken IN diff
ferent cause and were Irrelevant here.
McEnerney insisted. He said that there
was much in the dispositions that was
relevant. They would show that the pur-
pose of much OF the litigation was
TO destroy the capacity OF Senator
Fairs children to testify in the
contest OF the pencil will; that
Charles S. Wheeler had said SO;
also be wished 10 show that Mr.. Wheeler
had made certain contract, whereby Mrs.
Craven's claims against the Fair estate
were to be submitted to Richard V. Dey
for decision as to their worth, and that the
sum of 100000 had been agreed upon to
be paid to her upon the express condition
that certain document written on both
sides of q single sheet OF paper, and which
purported to be the last will of Senator
Fair should be admitted to probate.
Judge SLACK allowed the dispositions.
Mr.. McEnerney then asked If they might
be considered as read that he might pro-
ceed with his argument.
There was considerable opposition to
this. McEnerney said he only needed to
f-or nf ba hI1f
the objection being insisted upon he said
the whole thing had better be read so as
not to miss anything.
Judge Van r. Paterson, who represents
Herman Oelrichs Jr. and other minor
heirs, took the occasion of the lull in the
proceedings incident to the depesitions
being brought into court to inquire about
the demurrers to MS amended opposition
TO the second will. He understood it was
TO be withdrawn by Mr.. Lloyd, so as to
facilitate the proceedings.
Mr.. Lloyd said he had expressed a
Willingness to Withdraw 1t only on certain
conditions.
ment that you did say you would
withdraw it / would like to know what
the conditions are2" said Mr.. McEnerney.
"Mr. Wheeler was away and | said that
if he would agree | would withdraw it.
When [ have associate counsel l never
act without consulting him.
However, it was agreed that the de-
murrer should be Withdrawn to sim plify
matters.
1--WE are willing to try the second will
hrst,' said Judge Paterson.
Seeing that his Honor has already so
ordered, it does not much matter who con-
sents or opposes, said Delmas quietly.
81 have so ordered" said Judge Slack.
Notary Cooney was now called to the
stand for the purpose of signing his depo-
siiion and explaining his dereliction in
failing to appear at the day fixed by the
court for that purpose. Mr.. Cooney was
present and came promptly forward.
In answer to the courts question
ing he said he had not thought
it necessary to come into court at the time
stated, and that he had been called away.
He admitted that the court had told him
plainly and that he had understood, but
that he did not attach sufficient impOr-
tance TO the matter.
Very well" said Judge Slack. "You
will appear here Wednesday morning to
sh ow cause why you should not be pun
is he'd for contempt"
McEnerney said he wished TO ask the
wi tness some further questions; certain
( hings had happened since the taking of