The San Francisco call., 1896-09-12
Virginia Fair and Mrs. Oelrichs
Make Their Appearance
in Court.
THEY ARE ANXIOUS TO DEPosE.
But Judge Slack Decides That They
Must Wait for the Date of
the Trial.

Virginia Fair and Mrs. Herman Oelrichs
made their entry yesterday upon the stage
in the great play for the millions left by
Senator Fair. They have remained aloof
hitherto, allowing their brother Charles to
represent the family in the shifting scenes
in and out of court. For most of the time
they have figured in society at New York
and Eastern seaside resorts, and OCCASION
ally in telegraphic dispatches dated there.
But few days ago, probably grown weary
of the reports of postponements which
came to them concerning the litigation
over their fathers estate, they came upon
the scene, and yesterday when the law
yers gathered for their weekly byplaY
they were sitting at the council-table as
much interested as though it were a real
play and good one.
Mrs. Oelrichs was clad in a gray tailor
made suit with white silk trimming. Miss
Virginia Fair was dressed in blue cloth.
Both wore hats ornamented with large
center of interest and attraction to the
large aggregation of attorneys as well as
that part of the audience that was or be.
came aware of their identity.
When Judge Slack called the case At
torney Beatty, representing Delmas &
Shortridge, rose and announced the with
drawal OF the motion of Marc Livingston
to strike out the answer of Mrs. Oelrlchs
and Miss Fair to the contest of their
brother Charles. This disposed of the ar
gument pending from that quarter and
left the field clear for action on the con-
test on its merits.
But Mr.. Wheeler rose up to ask leave to
amend the answer of Mrs. Oelrichs and
Miss Fair to the contest of their brother.
He wished, he said, to insert the objec
tion to the contest on the additional
grounds that Mr.. Fair would take more
under the will than as an heir-at-law
| therefore had no standing as contestant
the same ground upon which the oppo-
sition OF Paterson was opposed.
Mr.. Wheeler SAID he not served Mr..
Fairs counsel with written notice of his
intention to make this motion, but under
stood they offered no objection.
George A. knight rose and said he had
no objection TO rhe paper being filed. but
/ immediately retracted az think I shall
interests here and do not wish them TO be
| jeopardized. We believe this pencil will
| TO be forgery, and will fight it as SUCH"
! Upon this Wheeler said he would not
urge the matter in this informal way, but
would make the motion regularly after
serving notice. He then offered his mo-
ton to set the case for trial, and that the
argument upon the status of the minor
heirs and of Charles Fair to contest De
liked for an earlier day.
Garret McEnerney stated to the court
that Van r. Paterson had been called
away and that no action should be taken
| on an ex-parte argument.
| Judge Slack said the case could be set
for trial and the status of the contestants
! determined at that time.
! Wheeler protested that the parties in
the case should be known before jury
| was summoned.
| McEnerney differed, and after some
| further argument the court put the case
| down for trial October 5.
Attorney Beatty stated that Mr.. Delmas
had said he would be ready after October
Is, but would be engaged in the Parker
will case at San Jose up to that time.
McEn erney said that Paterson would
BIZ engaged in case at Los Angeles for a
month and would not be ready. STILL the
court said, the date was fixed as the 5th-
he wanted the case to come to trial.
Mr.. Lloyd then asked the court to pro-
vide for the taking of the dispositions of
Mrs. Oelrichs and Miss Fair, VINO, he said,
had come,out from New York and would
probably not be here at the time OF the
trial. But Judge Slack said that all
matters would go over until October g.
| The deposition OF Mrs. Craven, which
was set for to-dayY" inquired Knight.
! Eyes, with the others, October s." said
the court.