The San Francisco call., 1897-06-22

and me, are you going to look after Mrs. Cra-
ven and see she is properly and fairly treated?"
he said: 1--WE going to be here Tor
long time-vou and l. Now if she is not
treated absolutely dead square, I'll retire from
the profession. Take my word for ii" l was
convinced OF his sincerity, and am sure they
cannot try any tricks. Charley Ackerm an
gives me to understand that they cannot re-
treat from the position they are in. and, how
ever the case goes, will have 10 stand by your
WILL So think you may possess your soul in
patience. shall certainly come TO Del Monte
Friday or Saturday unless q cataclysm ours.
You know have not been out of town in an
age, and certainly want change. Sincerely
yours, ]. OH. CoSGRAvE.
That ended the ialk about the Cosgrave
letter. 1t was relief to the counsel for
the heirs, too, when it did stop.
Mr.. Delmas now produced a subpoena
which commanded Mrs. Craven to appear
in the Superior Court on April 2, 1895, and
give testimony required to settle up the
Fair estate, and it was formally intro
duced in evidence.
This subpoena shows that Mrs. Craven
was considered a valuable witness for the
other side at that time.
Resuming the questioning of Mrs.
Craven, Attorney DeImas asked her if
she ever received any information from
the attorneys for the heirs after getting
that letter from Mr.. Cosg-ave which had
a tendency to operate upon her mind as
further reason for Withholding her deeds.
''Yes, ] called on Mr.. Wheeler again
after that" said the lady. He reiterated
to me almost word for word the statement
Mr. Cosgraye said he m ade 10 him. He
said: My dear Mrs. Craven, [ am a
young man, and propose to stay here. L
would never think of practicing law again
if | should deceive you In this matter.
Ny honor is at stake in this, and pro-
pose to stand by you. We propose to pro-
bate the pencil will and none other.
WAS that reason for not exhibiting
your deeds?"
''It certainly was"
''Was there any body else present at that
int rview?"
eyes, Mr. Lloyd came in and my daugh-
ter was here, too.
did Mr.. Lloyd have anything to say ?"
Eyes, sir. He vouched for everything
Mr. Wheeler said. He told me that there
was no intention of probarirg anything
but the pencil wlll-the last will. 1t
suited them exactly, he said, and they
wanted it to go through"
Now, did you ever see anV other at
torneys representing the Fair children
besides Messrs. Wheeler and LloyQ in re-
gard to this same matter2
Yes, l also saw Messrs. Knight and
Heggerty. They also told me that every
thing was all right. Mr.. knight told me
l should not worry. He said: Whenever
you feel anxious about this Mrs. Craven,
just come to US and we will cheer you
up"
He would cheer you up?"
''Yes, that is what he said"
Continuing, Mrs. Craven sald that SUBJ
sequent to these interviews she saw Gov
ernor Budd at the California Hotel. He
seemed to be considerably worked up over
having heard that the other attorneys for
the heirs were contemplating pressing the
trust" will to probate instead of the
''pencil" will. He said that his contract
with Charley Fair had all to do with the
probats OF the latter will, and he pro-
posed to see those attorneys right away
and ascertain what they meant.
''Did you have any further conVerSation
with his Excellency after that on the same
subject2"
HE telephoned to me that he had seen
the lawyers and that everything was all
right"
Mrs. Craven went on to say that when
Judge Slack rendered his decision "knock-
ing out, as the attorneys always refer to
it, the trust clause in Senator Fairs first
will, the attorneys for the heirs withdrew
their objection to the trust will. She I'M
mediately suspected that movement
was on foot to repudiate her contract with
the attorneys for the purchase of her
claims.
She was about to continue her narrative
further when Attorney McEnerney inter-
rupted with an objection involving the
materialiJy OF the evidence.
This brought OH an argument. Mr..
Delmas took the initiative. He said:
If your Honor please, it is already in evil
dence that assurances were given to the wit
ness upon the stand that her claims had been
compromised-her claims against the Fair
esiate-for the sum of $500, 000 which would
De PAID 10 her and which she was assured was
as GOOD as SO much money already in her
pocket. That assurance was so cogent and
stringent that she was supposed to be war
ranted in going upon the stand and testifying
that she had no further claims against the es-
tate. She dem urred to that on the ground that
she could not do so nor consider that that wss
her attitude until the money lad been actually
paid to her. She learned afterWard that a
condition was imposed upon the payne Mt OF
the compromise amount of the $500 600
which condition was the admission to probate
OF the pencil will OF the Oath of September,
Now there had been already offered for pro-
bate before that time will of earlier date In
that will was trust clause which covered the
whole OF the estate and permitted the children
TO have merely such usufruct of itaSmiRht re-
suit during their lifetime. After she had been
assured that the will of the oath must be pro-
bated before she could receive her money she
goes upon tour of inquiry from those who
nave that matter in charge to ascertain, as
was natural and proper, how far that condi-
tlon endangered or put in doubt the payment
to her OF this sum of money, ana she was as
sured that while that was a condition in point
of law, in point of fact IL amounted TO nothing,
because the pencil will would surely be pro-
bated within very few weeks, ard she was
actually subpenaed to come into court and to
give her testimony in support of the heirs and
children and their attorneys petition for the
probate of that pencil will.
Now then, that quieted her mind. She was
told that she could go nome and need not
worry but by and bv she learned that these
same children whose attorneys had assured
her that they would probate the will of the
Oath, and that on that ground that will of the
2lst, earlier in date, was of no value whatever
were proceeding to attack the trust clause of
the will OF the 21st. In other words they were
proceeding to attack q part OF g will which
they had assured her had no validity either in
part or in whole. That excited again her sus-
plc1ons and she goes again a tour of infor-
nation and she is told whAt2 She Is told
This attempt to get rid of the trust clause of
the Will of the 21st is not made by us in order
10 abandon our efforts to probate the will of
the 24th, the pencil will, but is simply to re-
move from our path an obnoxious trustee Mr.
Goodfellow, who stands in our way of probat-
ing the will OF the oath, but that is our object
i've point. The other three trustees we can
Goodfellow is stu ubbOrn. We have got to get
rid of him through legal PROCEEDINGS IL
we inyalidate the trust clause, there is no
longer any trust, there is no longer any trus-
tee. Mr. Goodfellow goes overheard and we
can pro bate the pencil will hands down; the
other three trustees will not oppose US She
is satisfied with these assurances that come TO
her from every quarter-from every one of the
attorneys for these children, and she goes
home in peace until February in the following
year, when your Honor on the Sd of that
month announces that the trust cause is in.
valid. She then says, ''Now is the time when
the pencil will is going to be probated Now
the hone OF bringing this action is about to be