The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1896-07-19


not recovered"
''Can you tell us the provisions of any
of the many wills which Mr.. Fair is said
to haYe given to Mrs. Crayen?"
mo, sir, except that there was one Will
/ know in which he left several hundred
Thousand dollars for the improvement OF
streets in San Francisco
Now the inquiry came down TO the pen
Gil will. The witness said that Mrs. Cra-
ven always spoke of the pencil will as
mere memorandum. She thought the ink
will was the real document. Fair would
not have written the will in ink if she had
not told him to. The pencil will was writ
ten on two sheets Of paper. The ink copy
was written on both sides of one sheet
Having finished it he tossed them both to
Mrs. Craven saying, Take them-the one
is as good as the other"
"Now," said McEnerney, "what was the
first sum Mrs. Craven proposed to take as
a compromise after the interview with Mr..
Lloyd2"
Mrs. Craven did not make an offer.
Mr.. Lloyd offered her $250.O00. 1, for Mrs.
Craven, made an offer of 100000. l said
the property for which she held deeds was
worth fully $1,000000. thought that half
the sum, coming to her peaceably, avoid
ing notoriety, and considering her con-
ditlon OF health at her age, would be better
than the full sum secured with the trouble
that would necessarily attend it."
The witness told about the search for the
lost ink will. He said he arranged with
j. II. McRobv, superintendent of the
Western Union Telegraph Company. to
make nse OF the Office at Reno. He told
them tn get man to hunt the missing
Harcourt and that all expenses would be
paid. The search here was supposed to be
conducted by Mr.. Lloyd. fter time
Lloyd seemed to lose interest, and even
told Roberts to quit the search. About
that time Lloyd asked Roberts whom he
(Roberts) thought had the ink will.
Roberts replied: 81 think you have it.
In the discussion of the compromise the
attorneys OF the Fair children now began
to speak of the will of the oath doubtingly.
Roberts said he refused fatty to discuss
any proposition on any other ground than
that of the genuineness OF the will. He
retreated, however, from his half-cash
proposition, but insisted that $1,000 must
be paid when the will was filed.
Lloyd objected to even this. He in
sisted that no money should be paid until
it was probated. He SAID it would be only
matter of a month, anyhow. Roberts
reminded him of the Blythe and several
other like affairs. The terms OF the con-
tract being agreed upon and the will filed,
he went from one attorney to another to
see about the $4,000. They each said they
were agreed if the others were, but it
seemed to be an agreed case to disagree.
"They had the will, added the witness
sententiously.
Roberts said he wished to correct a
statement made the day before to the
| effect that Mrs Craven had sent the will
East because the will had been stolen
from the County Clerks Office. 1t was,
| he said, more on account of the thefts that
! had been made from her, her room being
entered and the previous will being taken,
| the theft on the train and her desk at
/ school being frequently broken open.
! Under cross-examination by Mr.. Del
| mas, the witness described the interview
| in the office of Reuben II. Lloyd upon the
return of Mrs. Craven from New York
with the pencil will. The room was
crowded with the attorneys, said the wit
ness. Charles l.. Fair and Richard ".
! Dey were also present. Mr.. Fair had said
at once, THAT is fathers handwriting"
! They compared the writing with letters
! known to have been written by Fair and
were convinced that it was his own hand.
! A number of business men, living in this
! city, who were familiar with Senator Fairs
writing were asked to inspect it and with
/ out exception they said it was his. There
was one capital letter which, however, did
| not seem to agree with those in his other
writings but they afterward discovered
! an instance where he had made the letter
/ just so. The witness was informed of the
] discovery by Charles S. White who said
| that this made the evidence complete.
did Mr.. Lloyd tell you that he thought
the will was genuineT' asked Delmas.
eyes, sir. He had no DOUBT of it,
"And Charles l. Fair, you say, was GER
J tain OF it2"
Absolutely certain"
land George A. knight, he thought it
/ was the genuine last will and testament of
Senator Fair?"
''Y es, sill"
"And Charles Heggerty, what did he
think OF it?'
"He was certain that the will was writ
ten by Mr.. Fair"
And Russell ]. Wilson, did he say it
was genuine2"
Eyes, sir, he was sure of it,"
"Chares S. Wheeler-what did he say
about it?"
Il have told you that he was convinced
/ of the genulneness of the will.''
! "And Richard V. Dey, did he agree
with the others2"
'Oh, yes, sir, he was certain about it."
"And at no time before the day the
trust change in the will of the 21st was
declared by Judge Slack to be invalid did
any. one of them indicate that they
/ doubted its Genuineness, did they?"
mo, sir, at no time"
Richard V. Dey had been commissions ed
! to carry out the conditions of the $500 900
/ contracts, which, he said, had been
drafted by Charles j. Heggerty Mr..
| WalSn was named TO succeed Dew in case
of the latter's death. When there were
indications of a change in sentiment
Roberts, anxious as to Walsh's under
| standing of the contract, called upon him
with Dey and he heard Dey say that the
sum to be paid to Mrs. Craven was $500, 600
no more no less, you understand, Walsh ?ii
And Walsh said he did.
After the filing of the will Roberts said
4 he went 10 the attorneys about the 5000
! Charles S. Wheeler said to him: There
are some things l cannot explain to Won
about this matter, but you can rest as
sured we are still behind the pencil will.
Besides, there is another matter. Mrs.
Haskins has been put to considerable ex-
pense in the matter of her husbands Will
which l think grew entirely out of her
connection with this matter. She must be
reimbursed"
This was day or SO before the contest
of the will of the 21st was withdrawn.
! When they did that and when Charles
| Fair subsequently attacked the pencil will
then he, Roberts, knew that they did not
intend to carry out the conditions of the
contract The deeds were then filed.
This concluded the deposition. It will
be read to Mr.. Roberts tomorrow.
MI