The San Francisco call., 1896-03-21
DELMAS HOLDS
THE WHIP HAND,
The Key to the Fair Case
Now Held by DR..
Levingston.
HE DEMANDS A JURY
Resume of the Present State of
Things in the Great Will
Case.
JUDGE PATERSON WILL CONTEST
Judge Slack Grants All Parties a
Week in Which to Prepare
for the Fray.

When Judge Slack called the Fair case
yesterday morning Mr.. Delmas stated
that DIR. Marc Levingston was ready to
proceed with the trial of the contest which
had been filed. by ex-Judge Paterson on
behalf of Herman OeIrichs Jr.
Mr.. Paterson said there was de-
murrer to his contest which had not been
disposed OF.
I'VE have nothing to do with any de-
murrer, said Mr.. Delmas. 1.-THE gentle
man refers to the demurrer of Mr..
Wheeler, with which We are not con-
cerned."
What becomes of your issue if that de-
murrer is sustained ?" asked the Judge.
I'VE have interposed no demurrer, said
Delmas. 1.-Two separate and distinct par
ties have filed two distinct and independ
ent petitions for the probate of viii. To
each of these contest is filed. To those
contests one party files an answer so as
TO have the matter speedily determined
and the other for purposes of delay
lnterposes a demurrer. Is the one who
answers to be tied up because the other
chooses to pursue dilatory tactics? Shall
DIR. Levingston be delayed in the enforce
ment of his rights because those who ap-
parently desired the probating of the same
document now for reasons best known
TO themselves no longer wish to join in
that request? We care nothing for their
demurrer. We have nothing to do with it. f"
Your Honor will not try this matter
piecemeal, l suppose ?' remarked Mr.. Pat
erson, addressing the court. 81 wish to
amend the contest"
'You may amend your contest as you
may see fit" responded Mr.. Delmas,
suavely, land we will agree to the amend
ment now"
"But you must give man little time"
pleaded Paterson, in rather aggrieved
tone. 81 want to know just how and
where l stand, and shall require a day or
TWO in order TO look the matter up
VERY well, )" answered Delmas; (which
contest do you wish to amend ?"
Mr.. Paterson said he desired only to
amend the contest to the petition of the
Fair children, and Judge Slack continued
all of the matters then under considera-
tion until next Friday morning, granting
leave to Judge Paterson to amend his
contest to the petition of Charles L. Fair
and his sisters.
1--WE are ready to 60 on with the trial"
said Mr.. Delmas. in answer to the Judges
ruling; 'but we want the machinery of
trial to be in readiness. In other words,
we want jury on the spot"
az have already issued an order for
jury" rejoined Judge Slack, ''and it
will undoubtedly be here in court next
Friday"
This ended the days proceedings. by far
the most surprising day since the famous
case began. The contemplated settlement
of troublesome difficulty by an amicable
arrangement between the opposing parties
was knocked on the head at the supreme
moment; and just when the late Senator's
millions seemed barely within the grasp
of his heirs-at-law, the successful interven-
ton of the proponent of the pencil will
threw the whole litigation back into the
courts.
When the special administrators, who
are proponents of the first will, and the
three children, who offer the second for
probate, came together and determined
that as the courts would in all probabil-
ity knock out the trust clause contained
in the first will, both as to real and per-
sonal property, and consequently there
was no need in further opposing the pro-
bate of the first will, pending decision
on the trust question, at least, the heirs
at-law, while still retaining their position
as proponents of the second will, with
drew all opposition to the first, merely re-
serving the right to again contest within
the next twelve months should they feel
disposed TO do sol. e., should the Su-
preme Court decide adversely to their in
terests respecting the trust clause.
The way was then paved for the admis-
sion to probate OF the first will, and ad-
mitted it would have been but for the in
sistence of the pencil will. The parties in
concoeting their amicable scheme had
reckoned without DR.. Marc Leviugston,
who is named as an executor in the
IN the pencil will of September a.
Dr. Levingston has no place, no mention
in the first will, and so it was natural
that he should raise his gentle voice in
protest against such arbitrary measures
as were being put through. Not only are
there commissions to be earned by an
executor of will disposing of so vast an
estate. but there are fees TO be earned by
his attorneys. And DR.. Levingston is
muchly represented IN this respect, Del
mas & Shortridge, ]. d. Sullivan and
Lansing Miner posing as his legal
battering-rams.
Hence the sudden stoppage of the pro-
ceedings in probate, and the appearance
of Mr.. Delmas in court yesterday to
object to their resumption. 1t was fight
of one against host, so to speak. and the
one triumphed. After hearing arguments
for an hour or SO Judge Slack
ordered the proceedings for probate of the
first will continued until disposition was
made of the second. Mr.. Delmas could Ill
conceal his qualification, and it was with
genuine JUNCTION that be referred to the
"perfect harmony that now seems to exist
among those who were SO bitterly opposed
to one another; and he informed the
court that he would now proceed to prove
the second will, without, however, the
assistance of those VINO had first pro-
pounded it"
So for the time being at least Dr. Leving-
ston and his attorneys are on top. Ex-
Justice Van r. Paterson, representing
Herman Oelrichs Jr., has filed an opposi-
ton to Leyingston's petition for probate OF