The San Francisco call., 1896-09-20
Richard V. Dey Spends an In
teresting Hour in the
Chair.
HE DECLINES TO ANSWER. +"
Admits Having Said That the Pencil
Will Was Written in the Hand.
writing of Fair.


Notary Charles H. Phillips in the Crocker
building yesterday in the matter of the
Fair will. With their attorney, Reuben
Lloyd, they were present. but Mr.. Delmas
dismissed them in a few words, saying
that inasmuch as they had since being
subpenaed Withdrawn their application
for the probate of the will of the oath.
known as the pencil will, the situation
had beer thereby changed and their depo-
sitlon would not be necessary.
AZ wish the reporter would note that
Mrs. Oelrichs and Miss Fair have re-
sponded to the subpoena, are here and are
willing to tell anything they may know
about the matter being heard" said Mr..
Lloyd.
1--WE will go on with the next deposi-
tion," said Mr.. Delmas without looking up.
"Then the presence of these ladies is no
longer required 2" asked Lloyd.
81 have said all that need be said as to
that" replied Delmas.
The ladies rose and, accompanied by
Mr.. Lloyd and Mr.. Russell Wilson, left
the room. Mr.. Wilson's was the next
deposition" He came pack in moment
and stating that he would decline to be
sworn" and that he wished, however, to
keep the record straight for the return
to court, again bowed himself out, still
aCCOmDan Dy Mr. Il0VQ.
Mrs. Nettie r. Craven, the central figure
OF the contention, now arrived, accom-
panied by her physician, DR. Clinton. She
apparently did not know that she was ex-
pected to give her deposition. 1t was her
first appearance IN the circle OF lawyers
and lookers-on. artists and newspaper
men outside her own house since she left
the witness stand that night in Judge
Slack's courtroom several months ago.
She made very fine appearance, too it
may be said, dressed in a natty suit of
green, with green hat, ornamented with
bird with long green feathers.
Her physician advised her against sub
mitting TO long deposition. and the mat
ter, so far as she was concerned. was
carried over until Monday. She had come
with the expectation of hearing the depo-
sitlon of the Fair sisters and was much
disappointed that they had gone without
testifying.
So the early morning scene dissolved.
In the afternoon, before Notary Latham,
there was another scene. The deposition
of Richard Y. Dey was taken. 1t was in
teresting chiefly for what it did not dis
close and for the questions which were left
unanswered.
Mr.. Dey said he was 81 years of age. and
had known James G. Fair since 1861 or
1862.
II was in his employ as private secre
tary during the years 1880 TO 1882" ne
l was in the employ OF Flood 65 0'Brien
and Mackay since 1887 protecting the
titles OF mining claims | am the trustee
uf the children of Mr.. Fair and have been
since August, 1884"
iAre you their trustee in the matter of a
certain instrument executed by them
Charles L. Fair, Virginia Fair and Teresa
A. Oelrichs-about March, 1882"
AZ am. sir"
''WilI you kindly produce itP'
'Under advice of counsel | decline to
produce it here. l will produce it in
court"
What counsel do you refer tor"
"Messrs: Knight Heggerty and Reuben
II. Lloyd
when did you employ themP"
'Messrs. Knight and Heggerty about
two weeks ago, and have consulted with
Mr.. Lloyd from time TO time during the
progress of this litigation.
when did they advise you in this mat
ter?''
'Mr. Heggerty advised me so about two
weeks ago. Mr.. Lloyd did so this morn
ing
"They advised you not to produce il at
the taking of your deposition this morn
ing2"
"Where is that instrument now?"
II have it in my possession"
Was it acknowledged before notary2"
Eyes, SIR"
Where was it written and acknowI-
edgedP"
'In the Nevada Block"
During the time that you were Senator
Fairs secretary did you become familiar
with his hadwriting2"
"Yes, sir; / saw him write frequently
during period OF thirteen years and up
to within year of his DEATH"
when did you first see the pencil will,
SO called?''
ION the 18th day of March; was at
Reuben Il. Lloyd's Office at the time. Mr..
Lloyd and myself were the only persons
present. think the day was Sunday. I
have never seen it since"
"Did you, at that time, make an ex-
animation of it for the purpose of deter
mining whether or not it was in Senator
Fairs handwrlting2"
"I looked at it for that purpose, yes,
sir, Tor lew moments; l have since ex-
amined photographs of the document for
the same purpose; such photograph was
sent to me. l supposed it was from Mr..
Lloydi l have examined it half a dozen
times"
"When did you examine it2"
"Weil, day before yesterday examined
1t on one point.'
''On what point?'
"I decline TO answer"
II Is perfectly proper question. ask
You, categorically, on what pointG'
81 decline 10 answer"
"Dlc you express an opinion upon the
first inspection OF the pencil will as to
whether or not it was the handwriting of
Senator Fair?"
Eyes, sir; did"
Did you, on the same day, express an
opinion to any other person than Mr..
Lloyd?"
II did, sir-to two or three persons. I
think Mr.. Heggerty was there. don't
remember the others"
did you ever express an opinion to any
OF the children of Senator Fair?'
II aid, / think to all three of them, with
in a few days after l first saw it in the
hands of Mr.. Lloyd. 1 expressed an opin-
ion 10 Miss Margaret Craven, also, in New
York"
Did you express such opinion to Mr..
Aaekay?"
I'VE discussed the matter but whether
] expressed an opinion l do not remem-
Dsf.0
What was the opinion you expressed