The San Francisco call., 1896-09-22
Birdie Fair Will Also Tell To.
Day Why She Changed
Front.
BUSY DAY IN THE BIG CASE.
Delmas & Shortridga Dismiss the
Craven Suits as Against All But
the Three Children.

Mrs. Theresa Alice Oelrichs, very pale
complaining of a raging headache, little
awed by the occasion, too, but still wear
ing a look of determination that charac-
terizes her, sat for nearly two hours yes
terday afternoon at the other side of a
narrow table from D. Nj. Delmas, answer
ing and refusing to answer and sometimes
evading the answer to a chain of very per-
tinent questions respecting herself and her
sister and her brother and her father and
her fathers wills.
Mrs. Oelrichs and Miss Virginia Fair and
Reuben Lloyd and Charles s. Wheeler
and Russell Wilson, their counsel, arrived
on time and spent the waiting half hour
quite pleasantly.
Before the proceedings began, however,
the ladies and the lawyers were all served
with notice of the new move made by
Delmas and Shortriuge on the part of Mrs.
Craven. 1t was dismissal OF the suits of
Mrs. Craven against Charles L. Fair and
others to recover possession of the Mission
street property, and of the suits against
Theresa A. Oelrichs and others for the re-
covery of the Sansome-street property
that is to say they were dismissed as to all
the defendants except the heirs. The
ground upon which this was done is the de-
cision of Judge Slack annuling the trust
clause in the will of the 21st. Under that
will the title to the property would have
passed to trustees.
The court having decided the trust
clause void it is held that the title goes
Immediately to the children and SO the
suit was dismissed with regard to the
others. An affidavit was made by Mr..
Delmas setting forth that Mrs. Oelrichs
and Miss Fair were necessary witnesses
for plaintiff, and notice was served that
depositions would be taken regarding the
validity of the deeds at 10 o'clock next
Monday morning before Notary Phillips.
As stated both the ladies and the lawyers
were served, and knight & Heggerty ac-
cepted service for Charles l.. Fair
The witness in answer to questions
stated that her name was Theresa Alice
Oelrichs. her residence Fifth avenue, New
York, her husbands name Herman Oei-
richs, and that she was married June 8.
1890, she thought-yes, she was pretty sure
it was 1890.
Continuing she said:
81 am the mother of one of the contest
ants; he was born in New York November
2, 1892; he still resides there with me; l
am the eldest daug hter OF the late Senator
James G. Fair; l was born in Virginia
City, New; l came to this City when 13
years of age; l resided here until my
marriage, when / removed to New York
where my husband resided; the last time
/ saw my father alive was in the latter
part OF November, 1895; l am not sure of
the date; l was visiting here at the time;
/ had visited the State once and perhaps
twice between that time and 1890; came
here Immediately upon hearing of my
fathers death; l remained here until the
latter part of May, and went from here to
Newport, K. l., remaining there about
three months; l sailed the Sth of last
April for Europe; visited London and
Paris; returning 1 went to New York,
where remained one day, going thence
to Newport again and returned to New
York, remaining until two weeks ago,
when l came here"
when In this City after your fathers
death did you see document purporting
to be the last will OF your fatherP I re-
fer to a paper dated September "a, 1895.
written in lead pencil"
II did. in Mr.. Lloyd's office, on the 18th
of March. Mr.. Lloyd, Mr.. Wheeler, my
sister, my husband and Mr.. Dey were
present. / don't think / saw the docu-
ment afterward. That was the only time
ever saw it, there in Mr.. Lloyd's Office.
My brot her, Charles l.. Fair, was not pres
ent at the interview. do not know where
he was at the time"
ibid you on the 18th of March or there
abouts sign petition to the court asking
for the probate of that documentr
~ believe we did; yes, SIR
who suggested that you sign it, or how
did you come to sign it2"
1--WE thought best to sign it at that
time. We thought it was the genuine
will?"
What made you think so2''
writing"