The San Francisco call., 1897-07-27
VIII Be Well Paid if the
Heirs Defeat Mrs.
Craven.
Attorney Wheeler Chided for
Arguing While Serving
as a Witness.
OOnfesaes Again That He and His
Associates Believed the Pencil" "
Will to Be Genuine.


gramme yesterday upon the reopening of
the Fair-Craven litigation. But happily
for Max he was not put through a very
severe course OF sprouts this time, being
called merely for the purpose OF exhibit
ing and identifying the coatract he has
with the Fair estate to serve il as an expert
and witness.
The contract was duly produced and rec
ognizsu. It's contents were known to the
court and jury before, as Gumpe was cor
nered into confessing TO the terms when
ne was under cross-examination several
weeks ago. Under this contract the estate
pays him $1,000 first for his services and
then $20G0 more ii Mrs. Craven is beaten
in the litigation.
Gumpel was excused and the cross-ex-
animation of Charles S. Wheeler, one OF
the attorneys who is opposing Mrs.
Craven's claims, was commenced. Nj.
Delmas of the defense did the question:
ing.
Mr.. Wheeler was first made 10 ac6nowl-
edge his connection with the original
petition of the Fair heirs ior the probate
of the so-called pencil will, which IS
now being so bitterly fought. Then he
was taken 10 the convers atonS he had
with Mrs. Craven shortly before the hi1ng
OF that will. MIR. Wheeler reiterated his
former statement that during the first OF
those talks the lady did not tell him that
she was in possession OF any deeds. He
admitted, though, that her papers" were
referred to several times. In q subsequent
converse ton she did tell HIM that she had
deeds.
Did you at that time tell Mrs. Craven
that if Mr.. GoOIfeIlOw had her deeds they
would be valueless unless Senator Fair
iaft he wit m fnr her 2l ed Mr
Delmas.
I'm substance 1 did," replied Mr..
Wheeler
Mr.. Wheeler said IN answer to further
cross-quesuons that he could recall hav-
ing mad in his possession but one letter o
Senator Fairs Of an carrier date than 1880.
That one, he thought, bore date OF 1858.
The handwriting of this document differed
greatly from the later specimens e
possessed, showing that the Senator's S
methods and style of writing gradually
chauget as he grew older.
Mr.. Demas questioned the testifying
attorney closely as regards the first time
he heard OF Senator Fairs letter 10 Mrs.
Craven written in 1894 Mr.. Wheeler said
he did not see it until i'll March, 1896,
shortly after the beginning Of tie pro-
.ceedings 10 pro bate the pencil" Will
You favored the prpbating of that will
then did you notP' Mr.. Delmas asked.
Objections YelIed up from the plaintiff
table anu the court ruled that Mr.. Wheeler
should be spared the annoyance OF having
10 make the admission.
Wheeler's penchant for arguing to the
jury and INTERPRETING evidence calculated
10 assist the cause Of the plaintiff while
serving simply as a witness nettled Mr..
Delmas and that gentleman finally ap-
pealed TO the court
THE counsel on the stand places the
mi Pm ba
position" he said, "by going on here with
an argument instead OF answering the
qustions put to him. We will insist upon
fairness here"
Mr.. Wheeler's knowledge of Mrs.
'Craven's trip to the Easy was the next
line OF questioning. In response he said
he had hearsay information to the effect
that when she started East the lady as
sumed a name not her own. The witness
thought the name she adopted was Gar
penter," but he was not sure.
us it not fact that your information
on that subject was to the effect that il
was Reuben Fl. Lloyd. one of your associ-
ates here, who suggested that Mrs. Craven
go East TO get the pencil will, under an
assumed name ?"
ST had no information to that effect. 1t
was Stephen Roberts who told me about
her trip"
Didn't Mr.. Lloyd know any thing about
it2''
II Garesay he did. The conversation
took place in his Office, and he may have
heard some of it. l do not recall, how
ever, whether he did or not. But think
il was understood that he knew about it,"
Mr.. Wheeler was asked if he had not re-
ceived some teIegrams from Mrs. Craven
while she was East, but he said he could
recollect nothing of the kind. He did re-
member that a man named Mulholland
bo 1aHu ouh TO TO- oh Of
the pen-written will which she was 10
bring back from the East.
Wheeler was now taken back to the con-
versation he had with Mrs. Craven, in
which she said that Senator Fair told her
when he execnted the pen and pencil
wills that he intended TO provide for her
IN another manner. Mr.. Delmas wanted
the witness to be positive as to whether
the Senator said al will' or II intend,
but Wheeler could not De sure about 1t.
Both expressions, he thought, gave the
substance of what had been said.
Wheeler said he examined Mrs. Craven
and Mrs. Haskins thoroughly regarding
the information they possessed prior to
their going on the witness-stand In the
probate proceedings.
During that conversation did you tell
either of the ladies that you would take
great care while they were on the stand
not to ask them any questions about the
ink wiIl2' asked Mr. Delmas.
Il told them that my examination
would STOP with the execution OF the pen
ell will. NY words doubtlessly implied that
! would ask them nothing about the ink
will"
In answer to further questions Mr..
Wheeler said he thought at that time that
if the ink will were taken into court it
would com plicate matters and give those
who would oppose the document an op,,
portun1ty to appeal. He did not intend
10 tell anybody about the existence OF the
ink document, because be considered the
latter merely duplicate OF the pencil
will.
He said be was sorry that Mrs. Craven
had found out that the heirs had drawn
up a contract agreeing TO pay her the
promised $500,0 IN return Tor the sur
render of her Claims. He was sorry be-
cause she would probably be asked by the
opposing counsel if she mad any interest
in the probaling of the pencil will. That
would bring out statement from her that
she was interested IN that contract, and
the enemy could ask Tor the production OF
the contract. The contract would disclose
the existence of the ink will, the very
thing that Wheeler did not wish to have
occur
An adjournment until to-day was taken