The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1903-02-13
CONTEST FOR
FAIR MILLIONS
Nelson Family Think They Have
a Good Case.
HUSBAND FIRST TO DIE
ACCORDING TO THOSE WHO SAW
THE ACCIDENT.
HUSBAND FIRST TO DIE

Paris, Feb. Representative of
the various claimants of the estates
of the late Mr.. and Mrs. Charles l.
Fair are preparing for a severe legal
contest at San Francisco, New York
and Paris. 1t is expected here that
the filing of the suits in New York
Will be followed by the appointment
of a commission TO take the testimony
Of the French witnesses, whose evf
dence thus far has been ex-parte TIE
interests of Mrs Fairs relatives Sre
being directed by Frank I. Hyde md
Donald n. Vanderbilt Hermann DEL
richS' interests are represented by Ed
mond Kelly. The array Of counsel is
entirely American Mr.. Hyde, wfo SUI
perintended the taking of the affidlvitS,
says the work has been proceeding
ever since the Fairs deaths and that
the affidavits establish a prims facle
case that Mr.. Fair died first; out as
the witnesses have not been cTDss-ex-
amined by the other side it viii be
necessary later either to send the wit
nesSes to the United States or to ex-
anime and cross examine them before
a commission here. 1t is believed that
most of the witnesses would gladly
avail themselves of the opportunity of
making a trip to San Francisco, but
TO go to America so it may be neces-
sary to examine at least part of the
witnesses here Mr.. Hyde also said;
I'VE have decided not to give the
names of the witnesses, as 1t would
furnish ammunition to the enemy anu
would also subject the witnesses to the
annoyance of publicity. You can say,
however, that we have secured aff1dav-
its from every one in any way con-
nected with the Fairs at the time OF
the accident. We have not made
selection of special witnesses favorable
to our views of the case. but have
included every one. This gives the
chief Importance to their testimony
that Mrs. Fair lived the longest. Not
one depOnent sWears she died first and
all except one are positive the husband
died first. This one exception inclineS
TO neither side. The witnesses do not
make their statements as mere deduc-
tons from the circumstances, but give
the result of the observations of their
own eyes. In substance they say they
saw Mrs Fair alive after they saw Mr..
Fair dead"
The doctor is the only one giving de-
auctions, as he saw the Fairs after
they were both dead. All the others
swear as the result of ocular observa-
ton. The affidavits bring out the fact
that the circumstances attending the
accident were practically the same as
at the time, but they give
sworn accuracy to the details They
show the automobile was going at the
rate of sixty or seventy miles an hour
when Mr.. Fair applied the full force
of the powerful brakes to the auto
mobile which is still in possession OF
Consul General Gowdy, and shows that
1t did not collide with a tree, for the
is practically uninjured. The
suddenness of the stop shot the occu-
pants Of the machine forward to the
roadway and Mr.. Fair struck head
first. the afidavits showing that he
died instantly. They also show that
Mrs Fair continued breathing but
died soon after her husband
When request was made to Mr.. |
Kelly for affidavits or evidence to be
produced by the other side, he said
the defense declined to disclose its line |
Of procedure.