The San Francisco call., 1896-08-13
Believed That Senator Fairs
Hand Drew Up That
Instrument.
SOME INTERESTING TESTIMONY
The Decedent Might Have Planned to
Fool Angus and BreSSe in
Will Making.

The Fair will contest was advanced an
other step yesterday. During large part
of the day Charles L. Fair was engaged
with counsel in the offices of Delmas &
Shortridge making his deposition.
He testified, among other things, in ref
erence to the action of Messrs. Angus and
Bresse, who were executors under one Of
the wills. Mr.. Fair alleged that within
fifteen minutes after the death of his
father these gentlemen took all his fathers S
papers away from deceased's rooms in
the Lick House. Mr.. Fair also said that
he thought that his father was capable OF
making will just to fool Messrs. Angus
and Bresse, which purported to give them
everything they wanted and of then going
away to chuckle and to make another will
overturning the will which they, Angus
and Bres Sc, might suppose would benefit
them.
The examination throughout the day
was conducted by Mr.. Delmas. Mr.. Heg-
gerty was present as counsel for Mr.. Fair.
The deponent was careful, weighing all
his answers, which were made with much
deliberation. The deposition was not COM
pleted.
age and nativity He is % years old, was
born in Virginia City, New, and he is a
resident OF San Francisco. He testified to
the date OF the death of James 6. Fair Jr.,
and also to the date of his fathers death,
the latter date being December 2S, 1894.
At that time Charles l.. Fair was resident
of California. His sisters were out OF the
State The witness then testified concern
ing his own marriage, which took place in
Oakland in 1893. He could not recall the
precise date His residence has been Cal
IforrIia ever since, but he has occasionally
been absent.
After his fathers death he had notice
that what purported to be his will, and
which was dated September 21, 1894. had
been filed. He first learned of this through
the newspapers, and was afterward told
about it.
Did you ever have any conversation
with your father on the subject of trusts,
and leaving property in trust by willsP
Exception was taken to the question,
and the witness answered under exception
that he had conversed with his father.
He thought that his father wished him to
get the money under his mothers will,
and wished him TO break the trust in his
mothers will. The conversation was about
his mothers will.
Did YOUR father in that conversa tion
say that he was opposed to trusts IN wiils2'
mo, sir
"He did not advise you that he was op-
posed to the creation of trusts ?'
He was opposed to the trust in my
mothers will
''Qn what ground?"
"He did not like the trustees"
WAS that lhe only ground he gave for
being opposed to the trust?"
II don't remember"
'Will you please tax your memory and
reflect, taking your own time to do SOP"
Mr.. Fair thought awhile, but could not
recollect anything else than his father
SAID, except that he admired the way in
which the Astor property in New York is
handled.
Ibid your father ever tell you, in speak
ing of trusts, that he did not approve of
trusts in any particular"
81 don't remem Der that he did"
did you, in an interview in the Exam
iner in March, 1895, say that your father
told you that ne did not approve of trusts
under any circumstances?
The witness did not think that he had
been correctly quoted in the interview. He
did not tell the reporter that his father
had said he was opposed to trusts under
any circumstances. the reporter may
have misunderstood him. His father
never had made any such statement of his
opinion so far as the witness knew. The
witness engaged counsel to break the
trust in his mothers will. His father gave
him no money for legal expenses. When
he died he left fixed monthly sum for
support of the witness.
"Did you give your father any note or
receipt or evidence of indebtedness?"
The witness declined to answer.
did you have any conversation with
your father about wills@'
II met him one night about o'clock
h. - l. -
Crothers to make his will and asked me
what | thought about 1t. | said that had
nothing to say about it. He asked me if l
was satisfied with my marriage, and | said
that had no reason to be discontented.
This conversation took place in front of
the Baldwin Hotel He asked me how
l wanted the money left, and | said that l
had nothing to say about it. The con-
versation was very brief. | was in the
middle of the street and he was on the
sidewalk. l walked in toward the side
walk and he walked ont to meet me and
we met about fifteen feet from the curb.
That was the only conversation that we
had about wills. The conversation was
out of the hearing of Mr.. Crothers. l do
not know the date of this conversation,
but think that it was ABOUT Septem Der 15
l was staying at the Baldwin Hotel at the
time"
"Was there an estrangement between
you and your father?'
well, as to that we had no conversa-
tion on that point. We had not seen each
other for several months. We had not
written. We had not seen each other. 1
had been five months in Europe"
"Was there any other reason why you
did not see your 1ather?'
The witness declined to answer this
question.
When did your reconciliation with
your father take place."
Mr. Fair said that it was on July "a.
When he arrived in San Francisco he
thought that his father was in Yuma He
did not seek at once to find his father He
inquired after his father, going to his
fathers Office twice to inquire. He did
not see his father for one month after he
(witness) returned from Europe. At his
fathers Office he asked of Mr.. Angus
where his father was. He called later at
his fathers Office with DIR. Levingston, at
the suggestion of DIR. Levingston that his
father would like to see him. He did not
see his father for TWO or three weeks be-
fore he was married.
"Was your father at your wedding?''
''No, SIR"
"Was ne advised of your wedd1ng?''
Witness declined to answer.