The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-02-13
SEVERE LEGAL CONTEST
FOR FAIR MILLIONS.
witnesses to Automobile Accident
in France May Come TO This
Country and Give Testimony
That Mrs. Charles Fair Out
lived Her Husband.

Paris, Feb. Representatives of
the late MIR. and Mrs. Charles L. Fair.
are preparing for a severe legal con-
test at San Francisco, New York and
Paris.
1t is expected here that the filing of
suits in New York will be followed by
the appointment of a commission to
take the testimony of the French wit
nesses. whose evidence thus far has
been ex-parte. The interests of Mrs.
Fairs relatives are being directed by
Frank l. Hyde and Donald II. Wander
bilt Henry Oelrichs interests are rep
resented by Edmond Kelly. The array
of counsel is entirely American.
Mr.. Hyde. who superintended the
taking of the affidavits, says the work
has been proceeding ever since the
Fairs deaths, and that the affidavits
established a prima facie case that Mr..
Fair died first; but as the witnesses
have not been ross-examined by the
other side, it will be necessary later,
either to send the witnesses to the
United States, or to examine and cross
examine them, before commission
here. 1t is believed that most of the
witnesses would gladly avail them
selves of the opportunity of making a
trip to San Francisco, but there are
no means of compelling them to go to
America, so 1t may be necessary to
examine at least part of the witnesses
here.
Mr.. Hyde also said I'VE have de-
cided not to give the names of the wit
nesses as 1t would furnish ammunition
to the enemy, and would also subject
the witnesses to the annoyance of
publicity. You can say, however, that
we have secured affidavits from every
one in any way connected with the
Fairs at the time of the accident. We
have not made a selection of special
witnesses favorable to our views of
the case, but have included everyone.
This gives the chief importance TO
their testimony that Mrs. Fair lived
the longest. Not one dependent swears
she died first, and all except one are
positive the husband died first This
one exception incllnes to neither side
The witnesses do not make their state
ments as mere deductions from the cir
cumstances, 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
| deductions, as he saw the Fairs were
| both dead. The others swear as the
result of ocular observation. The affi-
davits bring out the fact that the cir
cumstances attending the accident
were practically the same as reported
at the time, but they give sworn ac-
| curacy 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 automobile,
which is still in possession of Consul
| General Gowdy, and shows that IL did
not collide 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 affidavits 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.. KEEL
ly for affidavits, or evidence to be
produced by the other side, he said
the defense declined to disclose its
line of procedure