The San Francisco call., 1896-08-16
FAIRS LETTERS
TO Be PRODUCED
They Have All Been Ex-
plotted Before a
Camera.
C. L. FAIR DEPOSING.
Questions Asked About an Oak
land Expert on Hand.
writing.
TESTIMONY COMES HARD.
Promise Made to Bring Into Court
Certain Papers Called For
Upon Subpoena.

moved to have that instrument wlthCrawD
from probate. Many very interesting
questions which Mr.. Delmas asked were
not answered, Mr. Fair declining, under
the advice of Mr.. Heggerty, to answer
them. Mr.. Delmas wanted to find out
what methods had been adopted and what
papers had been produced to compare
with the handwriting OF the Craven will.
1t took great number of questions to get
the desired admission. Mr.. Heggerty
finally framed some of the answers for his
client, with the consent of Mr.. Delmas, in
reference to the production of papers
under the subpoena issued. Mr.. Fair tes-
titled that some letters and other papers,
which he knew to be in his fathers hand
writing, had been taken to CARRIER, Boalt
& Bishops Office. where they had been
photogra phed. He also testified that one
expert had told him that the Craven Will
pressed to him the opinion that the In
strument was forgery, but he declined,
under the advice of counsel, to say who
these persons are. Concerning the hand
writing expert who had said that The
writing was forged. Mr.. Delmas asked:
Were you advised by one or by more
than one expert? 2?
w ell, ny Ouc III
"Was there more than one IN particular
or in generalP'
"There was one in particular"
''Is it not true that there was not more
than one and that the one was Mr.. Horton
OF Oakland ?'
Mr.. Heggerty objected very promptly to
an answer being given to this and Mr..
Fair declined TO answer.
"Is it not true that only one expert ever
4 tho Graynn will IN he q FORGERY
and that he was named Horton and that
he lived in Oakland P'
The witness declined to answer.
lis it not true" persisted Mr.. Delmas,
'that the only expert who ever expounded
that theory was Mr.. Horton OF Oakland,
and that soon after it was submitted to
him, and that he left you because you
would not submit to demand to pay him
$500 for his seryicesp'
Mr.. Heggerty interposed and the de-
ponent once more declined to answer.
sIs it not true that the expert lived in
Oakland and that his name was Horton,
and that in 1895, after yen had refused to
pay him $25o0, he tried to peddle that
information, Offering 1t wherever he
thought he could sell it"
Mr.. Fair-I decline to answer.
"Did you not afterward take Mr.. Horton
back into your camp
TO this there was no response.
Mr.. Delmas asked whether Mr.. Fair
believed that the Craven will was in his
fathers writing at the time he petitioned
to have that instrument admitted to pro-
bate.
eyes, sir, at that time l did,
"And your petition for the filing of the
Craven will stood until after Judge Slack
had decided that the trust under the trust
will was lnvalid2"
According to the best of my belief
Judge Slack decided that the trust will
should be tried first"
"Up to April. when you withdrew your
petition for probaring the Craven will,
concerning the genuineness OF the Craven
will?'
II don't think that did,"
"Did YOU approve of the proceedings of
your attorneys when they withdrew the
Craven will?'
Eyes, sir"
"Was the right reserved to bring for
ward the Craven will at any time?'
II don't know; some rights were re-
served"
Ibid you understand it that way?''
aye ] understood so; that it left open
the right to bring the Craven will forward
again.
What happened between the time when
the Craven will was filed and the time
when it was withdrawn, Mr.. Fair described
in part, ave employed experts to ex-
anime tile handwriting. One of these
told me that the will was fraud. Other
people told me the same. There are other
circumstances which / do not care to dis
close at this time.
Mr.. Delmas-I wish that you would
disclose them.
Mr.. Heggerty instructed the deponent
not to answer, and his advice was fol-
4 IT., oil @k,& l.
never had entertained any doubt that
under the Craven will he would get one
fourth of the estate.
"Was not one reason why you changed
your attitude toward the Craven will that
YOU believed that the trust will, with the
trust eliminated, was more favorable 10
you and that by adopting the trust will
Won would avoid the payment of $500. .000
to Mrs. Nettie K. Craven?"
mo, sir"
eDid not the desire to avoid paying
Mrs. Craven $5O0,oo0 influence your
course?"
mo, sir"
"Was not the decision left to Richard F.
Dey concerning the amount which should
be paid to Mrs. Craven?"
MIR. Fair declined to answer.
Have you any papers containing your
fathers handwritingg'
II have some private letters of my
fathers"
.Were these letters used in testing the
Craven will 2'
MFR. Fair declined to answer that aues-
ton, and also declined to answer whether
he had produced all writings of his fathers
as commanded TO do by the subpoena. He
believed that certain of his fathers letters
were submitted to an expert in 1895, after
the filing of the Craven will. He could
not say how many there were OF these let
ters They have never been returned, and
he declined TO answer as to where they
are. He supposed them to be IN the pos
session of Mr.. Treat, who is a clerk for
Charles r. Wheeler of the firm of CARRIER,
Boat & Bishop. He last saw them in Mr..
Treats possession. That was seven or
eight months ago. The following dialogue
occurred on this point:
us Mr.. Treat a photographer
81 believe that he is
'Did he photograph those papers?'
II don't know"
did you ever hear that he had photo
graphed them2"