New-York tribune., 1903-02-13
Fair ESTATE CONTEST.
Gathering Evidence an France TOR
Legu{ Fight.

Paris Feb t2-Representatives Of the Va
rious claimants to the estates of Charles h.
Fair and his wife, who were killed in an auto
mobile accident August II, while returning
20 Paris from TrouviIIe, are preparing for d
severe legal contest at San Francisco. New
York and Paris. 1t is expected here that the
filing of suits in New-yorE will be followed by
the appointment OF commission 70 take tne
testimony of the French witnesses. whose evil
dence thus far has been ex parte. The inter
ests of Mrs Fairs relatives are being directed
by F-apk !. Hyde and Donald Harper. The in
terests of Mrs ", +. Vanderbilt, jr, and OF
Mrs Hermann OeIrchs are represented oy I'D
mund Eelly- The array of counsel is entlrey
American Mr.. Hyde, who superintended the
taking of the afidavits. says the work has been
proceeding ever since the Fairs deaths, and
that the af1davits establish a prima facte case
that Mr. Fair died first: but the witnesses
have not been cross-exa mined by the other
side it will be necessary later either to send
the witnesses to the United States or to eX-
anime and cross-examine them before COM
mission here 1t is believe ed that most of the Wit
nesses would gladly avail themselves Of the op-
portunty of making a trip TO San Francisco
but there are means Of compelling them TO go
to America, so it may be necessary to examine
at least some of the witnesses here Mr. Hyde
also said:
we have decided not to give the names OF
the witnesses, as II would furnish ammunition TO
the enemy, and would also subject the witnesses
to the annoyance OF publicity: but you can say
that We have secured aff1davits from every one
in any way connected 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 longer. Not one de-
ponent swears she died first, and all except one
are positive the husband died first. This one ex-
ception inclines to neither side The witnesses
do not make their statements as mere deduc-
tions from the circumstances. but give the re-
suit of the observations Of their own eyes In
substance they say they Mrs. Fair alive
after they saw Mr.. Fair dead The doctor IS
the only one giving deductions, he saw the
Fairs after they were both dead. All the others
swear as the result of ocular observation The
afidavits bring out the fact that the circurn-
stances attending the accident were practically
the same as reported at the time, but they give
sworn accuracy 10 the details They show that
the automobile going at the rate OF sixty
to seventy miles hour when Mr. Fair ap-
Piled the full force of the powerful brakes to the
automobile. which is still in possession or Con
sui General CIOwdy, and shows that it did not
come into collision with tree, for the machine
is practically uninjured- The suddenness OF the
stop shot the occupants 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 a request was made to Mr.. Kelly for
| af1davfts evidence to be produced by the
other side. he said the defence declined to dis
| close its line of procedure