The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1897-08-03
A CHANGE AT
LAST PROMISED
The Plaintiffs Side of the
Fair : Craven Trial
About to Rest.
Richard '. Dey, the Arbiter, "
Has a Short Siege in the
Witness Chair.
The Point Of His Story Was That Mr.
Craven Did Not Tell Him That
Fair Had Given Her Deeds.

ing service in the Fair Craven trial when
inst before ad journment last evening one
of the counsel for the Fair heirs Mr..
Mitchel) announced that in all proba-
bility their side of the protracted proceed
ings would be brought to close some
time during this forenoon.
Mr.. Delmas, the leading counsel for tie
defense, was unavoidably absent during
portion of the morning session OF yester-
day, but his place was ably filled by Judge
Curtis, the distinguished and courteous
New York attorney who is assisting Mrs.
Craven to recover what belongs to her.
1t was intended that Reuben II. Lloyd
should resume the sand and complete his
evidence, but this was precluded by the
illness of the gentleman and his conse-
quent inability to appear in cour. Inc
plaintiffs thereupon called Richard V.
Dey to the witness chair. This Mr.. Dey is
the individual who, when negotiations
were on foot between the attorneys .for
the Fair heirs and Mrs. Craven, looking
toward compromise, was selected as
arbitrator. His auestioner. MIR. Mitchell,
started off by asking the witness to relate
certain conversations he had had with
Stephen Roberts, Mrs. Craven and others
in relation 10 the proposed compromise,
but Judge Curtis interposed series OF
blocked the way. Mitchell essayed to get
around the difficulty by twisting the
question into various different forms, but
il was all to no purpose. The gentlema an
from New York was too much for him.
When Dey finally did get a start he
was permitted to tell something about the
talks he had had with Mr. Roberts. The
latter mad told him the story bout SeEa-
tor Fair having made a will bearing
later date than the one which had been
filed for probate by the executors, and had
told him that Mrs. Craven had the docu-
ment. Mr.. Roberts said that Attorney
LLOYD mad copy of this document.
Dew related in detail what he had been
told of the familiar story in reference to
Mrs. Craven's trip to the East to get the
pencil will and of her statements as 10
how it was executed in her home by the
Senator. The witness said that Mr.. Rob-
erts demanded 81, 900, 600 as compromise
for Mrs. Craven's claims.
MIR. Dey was asked in the afternoon ii
the deeds to the Mission-street property
or the Sansome-street block were ever
shown to him by Stephen Roberts during
Mrs. Craven's absence in the East. An
objection to the question WAS sustained,
however, and Dsy did not answer.
When did you first meet Mrs. Nettie
R. Craven?" was Mr.. Mitchell 5 next
question.
u tDlDK, Salu Icy, Iuat ~ was III
Nav. 1895, That was the only time ever
saw her except here in court. In fact, it
was nothing more than an introduction.
During that interview did you tell
Mrs. Craven that you would give her $780,
600 for her claimsP"
Il did not"
"Did you offer her any other amount or
any amount at all p
mo. We were only just introduced.
it,"
Mitchell tried once more to bring out
some evidence as to whether or not the
witness had ever seen the disputed deeds,
put he was ruled against. He then sur
rendered Dty to Mr.. Delmas for cross-ex-
animation.
Were you in New York during 1852?
Yes; l was there three or four times
during that year. l think l went there
the first time in January. l came back
and then went there again in March also
oncs more later in the year.
did you communicate by letter with
Mrs. Craven while you were in New York
that year?"
This was objected to by Mitchell and
was ruled out. The point that Mr.. Delmas
wanted was brought out however, when
he handed the witness a letter and Dey
acknow ged 1t. to be in his handwriting.
Dey was then permitted 10 leave the
stand.
Attorney Russell J. Wilson was now
called. In answer to Mr.. Wheeler he said
he did not see the so-called "republics-
ton" letter written by Senator FAIR until
the middle of 1896.
did Mrs. Craven ever tell you she had
deeds from Senator FairY" asked wheeler.
"She did,
"When was thatP
81 think it was on tho 18th OF March,
1885,
did she ever mention that she had
deeds prior to that timer"
"No, she did not"
Wheeler now wanted to know if Wilson
ever told Mrs Craven that the contract
binding the $780, 900 compromise with the
lady had fatal loophole in 1t, and that
Notwithstanding that fact the witness
would see that those heirs whom he repre-
sen ed would live up TO the terms of the
agreement. His answer was that he told
her he would urge" his clients not to
take advantage of the defect.
did you ever tell her that you could
assure her at least $500 600 of the proposed
compromise amountY
"Well, l told her she would be paid
whatever Mr.. Dey awarded her; that was
to be after the pencil will had been pro-
| bated."
"Were you ever informed by Mrs. Craven
or any OF her agents prior to March Is,
1896, that she had or claimed to have
deeds from Senator Fair?"
II was not"
This closed the direct examination and
Mr.. Delmas took hold of the witness. He
made sure first that be had the corre,t
dates OF Mr.. Wilson's several converse
lions with Mrs Craven, and he then asked
If it were not a fact that on the Sunday
following the 10Th OF March, 1885, he
offered Mrs. Craven $780, 900 in behalf of
tue Fair heirs and their attorneys in full
settlement of all her claims.
Mr.. Wheeler objected and was backed
mn by Mr. McEnernev. The court ruled
with them. Mr.. Delmas reframed the
question several times in the hope of cor
herring Wilson for an answer, but in each
instance the court ruled that the evidence
was not admissible.
You represented the daughters of Sem
ator Fair in the transactions you have
testified to, did you not2' asked Mr.. Del
mas.
~ did, together with CARRIER, Boalt &
Bishop and Lloyd & Wood"
"Diti you have written contract with
these heirs?"
Mr.. Wilson said he had no written con-
tract with heirs themselves His was
IL first a verbal understanding with them.
Later, however, he entered into written
contract with Lloyd & Wood by which |.