The San Francisco call., 1896-09-23
VIRGINIA FAIR
TELLS HER STORY
She Has Not as Good a
Memory as Her
Sister.
SIGNED THAT PETITION
New Dresses in Evidence Dur
ing the Taking of the
Deposition.
THEY CAN'T GET AWAY.
Want to Go Back to Gotham, but
Restrained by Sub
penaS.
THEY CAN'T GET AVA

Fair, were much more at ease in Notary
Phillips Office yesterday morning than
they had been the morning or the after
noon before. They were deserted by all
the lawyers except the faithful Reuben
Lloyd and Russell Wilson, and the latter
complained of the pleasant footing upon
which the ladies appeared to be with
Lansing Miner, one of the counsel for
Mrs. Craven. Al this the ladies were
greatly amused.
They appeared in the morning dressed
in an entirely different toilette tnan that
in which they appeared the day before,
and they appeared in the afternoon ar
rayed entirely differently than they ap-
peared in the morning.
Mr.. Delmas, called to San Jose, was not
present. Mr.. Britton appeared for him
and finished the deposition of Mrs. Oel-
richs, and took up and concluded the
deposition of Virginia Fair.
Mrs. Oelrichs was asked during the
morning session II she knew of a contract
under which the Fair estate was to pay
Mrs Nettie Craven $4,000 for her inter-
est in the estate.
She declined to state, but in the after
noon she essayed to answer by saying
that she did not remember.
During the taking of the dispositions of
Virginia Fair, Charles Fair came in and
took a seat, smiled upon by both his sis
ters.
the deposition of Virginia Fair, con-
Quoted by Mr.. Britton, ran as follows:
James G. Fair" said the witness, twas
my rather; l was Gorn in San Francisco;
1 went to school in this City; my resi-
dence is at 453 Fifth avenue, New York; l
saw my father alive for the last time in
the latter part of Novem Der, 1894 at the
Lick House; I had been visiting him for
some six weeks; l was in New York when
l heard of my fathers death; l came here
Immediately, arriving on the Sd of Janu-
ary, 1895.
ment, written in pencil and dated Sep
tember "a. 1894, purporting to be the last
will Of your deceased father?
"I saw such a document in Mr. Lloyd's
Office on the 5th OF March, 1895. Mr.. Lloyd,
Mr.. Wheeler, Richard Y. Dey, Russell
Wilson, my sister and her husband were
present. The will vas lying on the table,
and l was asked to look at it by Mr..
Lloyd, l think. | have never seen the
will since. My brother was not present; l
never saw the document at any time
when my brother was present"
Ibid you ever sign a petition asking for
the probate of that will of September "a
as being the genuine will of your de-
ceased father?"
Il did"
'Can you tell me why you signed it2"
Because l thought it was the will of
my father; that it was in the handwriting
of my father"
who signed it with your"
"My sister"
"Do you know whether or not your
brother signed it2"
al do not
did anybody advise you to sign it?"
81 signed il because l thought it was
the will anc not on anybody's advice. l
don't remember any advice. / think l
consulted with my sister. L was told that
two persons saw the will written. l don't
remember who told me-"
did you ever hear of the existence of
paper signed by various people attesting
to genuineress OF that will?"
"Yes, sir
who told you about itP"
II remember two persons-Mr. NeaIe
and"
The witness in answer to questions was
going forward to testify further about this
paper when Mr. Lloyd interrupted, saying
that there never was such a paper in
existence.
I'VE are rot taking yoCr deposition,
Mr.. Lloyd, although we have tried to have
you consent to make one" said Mr.. Brit
ton. "You will please allow the witness
TO tell what she knows"
she QO6S0 Know tlaI, Tor there
never was such paper. The lady misun-
derstands the reference in the question"
Britton asked the reporter to read the
question again, and when he did so Miss
Fair said she was n error-that she
thought she was asked about the will.
Britton then went back to the matter of
the petition for probate.
do you know that your brother ever
signed the petition for the probate of the
Will of the oath"
II was told so; I don't remember who
told me-"
You were not here during the contest
OF Herman Oelrichs Jr2"
NO; l heard about it though"
When you signed that petition for the
probate o. the will of the oath of Septem-
You were positive it was the last will
of your deceased father and written by
himself?'
IL was"
Britton res the strong language of the
petition, in which it was fiatly asserted
that this--the will of the 24th-was the
last will and testament of James G. Fair.
wholly written and signed by himself, and
as such the petitioners desired that it be
probated. He asked her If that repre-
sented her judgment upon the will at that
time. She said that it did. Lloyd made
some objection to this form OF catechising,
the petition spoke for itself but he
finally withdrew the objection.
During your visit in 1894 how long was
it before your departure that you last saw
your father?
II saw him the day left"
Did you not send him what is known
asa p. P. {. card p
81 don't remember"
You saw him personally, did your
Certainly"
How often did you exchange letters
with your father when in New York ?'
About once week"
Mr. BrittOn HAVING flniShad NJ iorl
asked the witness if she had not received a
letter from her father few DAYS after his
death. She said that she had not but had
received letter two days before his death,
The taking of the deposition of Mrs.
Craven was fixed Tor this morning, with
the understanding that it could be post
poned from day to day if the lady was not
physically able
Mrs. Oelrichs and Miss Fair were to
have left for New York this afternoon,
but the summons requiring their deposit