The San Francisco call., 1896-10-07
CHARLES FAIR is
ANXIOUS NOW
Does Not Know Whether or
Not His Sisters Are
With Him.
Attorney Delmas Has an Inter-
esting Time With the
Opposition.
WHEELER TRIES TO EXPLAIN
But Judge Slack Is Unable to Com.
prehend His Reversible
Position.

not lost to the attorneys for the Fair heirs.
They developed altogether the spiciest
row that has taken place through all the
length of the tangled litigation. It was
provoked by the attorneys for the Fair
sisters-Charles s. Wheeler and Reuben
Lloyd-and against them the army of at
torneys for all the other interests turned.
When the case was first called Mr..
Wheeler was the only one who answered
ready. As the daughters of the late Sena-
tor Fair had previously Withdrawn their
petition for the probate of the will and as
Knight & Heggerty and Arthur Rogers,
representing the contestants, had not an
swered at all Mr.. Delmas insisted that it
be made part of the record that DR.. Marc
Levingston was ready for the trial.
Knight & Heggerty, representing
Charles L. Fair, moved postponement of
the trial, stating that all the other attor-
neys interested had agreed that the case
go over until, say, the 10Th of November
Here, Mr.. Wheeler, representing Mrs.
Oelrichs and Miss Fair, put in the objec-
tion that reused all the others. He said
they were ready for trial and wished to go
on at once to the final determination of
the status of Van r. Paterson (repre-
senting Herman Oelrichs Jr.) in the con-
test.
Mr. Delmas, of Delmas & Shortridge.
who represents the proponent of the will,
DR.. Marc Levingston, wanted to know by
what right Mr.. Wheeler interfered, as he
was not q party in interest so far as the
record disclosed. "Since this controversy
began" he said, 81 have offered no OBJ
lection to whomsoever would entering
the contest. But l insist upon knowing
who are my antagonists, who my allies.
"The daughters of Senator Fair having
first petitioned for the probate of this will
have since Withdrawn their petition. 1t
is only fair that | should know whether or
not they are contestants. The record rep
resents them as defendants. l submit
that they should not be allowed a voice
in this matter until they have defined
their position"
Wheeler recited the history of the pencil
will and his clients relation to it. They
first presented it for probate together with
their brother Afterward he withdrew
and opposed the probate. The sisters filed
an answer to the contest because they did
not have information concerning the gen.
uineness of the will.
Subsequently coming to the belief that
it was forgery, they withdrew the petit
ton. and with it the answer fell. They
appeared here as the parties in interest
and as friend of the court to take excep-
tlon to the right of the contestants to con-
test. They had their dispositions, said
under oath, that they looked upon the
Till as a forgery. At the proper time
they would file contest. But they de-
sired that the proceedings be regular and
depended upon the court to see that JUS
tice was done.
'Ip other words" said Garret McEner-
ney, "they are partly in favor and partly
opposed TO the pencil will. 1t is time
that the counsel for the daughters OF Sena-
tor Fair should say where they stand;
they should be compelled, to use handy
phrase, to either fish or cut bait"
Arthur Rogers, represen ting with Judge
Paterson, the m inor heirs, and who has
not been heard in the matter before, made
tart sally at Wheeler. He declared that
before the case went to trial the daughters
should be required to define their posi-
tion or remain out of the case. "As con-
testants, we want TO know whether they
are for or against this WILL"
Then up rose George Knight and ioined
in the onset. 'As representing the inter-
ests of Charles Fair he said, 1--WE are in
peculiar position-made so by the other
counsel. We are trying to get out of it as
best we can. As contestant, we look
upon Judge Paterson as friend. We do
not t,entirely agree with his methods, but
we do not wish to hinder him. 1t is strange
to ne that the counsel, if they are opposed
to the pencil will, should desire to cripple
the contestant, and why the heirs at law
should be misrepresented by their counsel
ip this way. Charles Fair has a right to
know W ether or not his sisters are with
him. He wants not only to learn it by
word of mouth, bnt he wants it on the
record"
Judge Slack said to Wheeler that he
could not understand his position, threat
ening future contest of the will, but
denying the right of others to contest.
Mr.. Wheeler went over the ground
again. be was friend of the court He
represented parties in interest. He did
not believe the minor heirs had a right to
make this contest and that matter should
be settled. That being done the parties
who had right to contest-his clients
would determ ne in what manner they
would make the contest.
I'm other words" said McEnerney.
"Mr. Wheeler says to Van r. Paterson.
We are with you in your opposition to
the pencil will, but we wish to knock you
out He says to Charles L. Fair, I'VE are
with you, but we wish to knock you out.
When you have been knocked out we will
come in as friend and protector of the
court and file contest. But the others of
us fear that Mr.. Wheeler will offer us
such protection as vultures give to lam bs."
Mr.. Delnas, who had been sitting quietly
at the counsel-table enjoying this war
dluohS bnS OOuHSol OppOSeu 10 llln, now
stepped in to bring the scene TO close.
He said that all the counsel who accord
ing to the record had standing in the
case had agreed to have the case post
poned until Noyem Der 15. Now he
said, "a friend of the court, mere citizen
at large, who comes to you, the court.
designating your weapons of justice as
being in your hand and the sources OF JUS
tice in your heart, calls upon you to dis
regard this agreement and the convenience
OF the interested counsel, and to suit his
convenience go forward at once with this
trial. This is The only question before the
court. l ask, has he that right?"
II must say l do not understand Mr..
Wheeler's position" said the court.
Nor do l." retorted Delmas, "but that
is immaterial. L do not even hope to un-
derstand it. The only merit l can see in
it is that which Horace Platt felicitated
himself uTon when, a solitary Democrat
at Republican banquet, he said that the
Democratic contingent present was at
least harmonious"
Mr.. Delmas, pleased with his little Joke,
delighted at the disrupted attitude of his
opponents, SAT down.
The court named as the date-of the trial
the 9th of November instead of. the 18th.
and so the case went over.
Than han TJov1 ooind 49, NJ.