Evening journal., 1904-05-12
FAIR WILL CONTEST
REACHES AN END
Compromise Terminates Liti-
cation Involving Millions.
TERMS OF PEACE KEPT SECRET

NOtoriety on Account Of the Suit Not
Relished by Mrs. oelriehs and Mrs.
Vanderbilt, and the Nelson's Have
Been ApPeased by Cash Payment.
New York, May Litigation which
involved the millions of Charles L.
Fair, who with his wife was killed in
an automobile accident near Pacy-sur-
Eure France, on Aug. IA, 1902, has
ended in favor Of Mrs. Theresa Alice
Oelrichs, wife Of Hermann Oelrichs,
and her sister, Mrs. William X Van
derbilt, Jr.. and final judgment has
been signed by Judge Bischoff in the
supreme court.
This terminates a bitter legal feud
and is the result OF compromise. The
terms OF settlement have not been
made public, a general understanding
having been entered on the minutes
of convention held among the heirs
that the figures shall remuin secret.
That the plaintiffs viii receive half n
million dollars. however, there is lit
tie doubt The estate Of Mr. Fair is
estimated at STOO0,O0O.
The action was brought in the name
Of Mrs Hannah E. Nelson, the mother
OF Mrs. Fair. and Charles j. Smith.
William b. Smith. Abraham c. Nelson,
Elisabeth Brunneil, Laura Leonard,
Edward j. Lefler and Annie Leonard.
her relatives, its object being to set
aside a settlement which was made
with them as to their claim to the es-
tate of Mrs. Fair This settlement was
effected in san Francisco Aug. %, 1902.
Reasons For Settlement.
The reason publicly given for ending
this hotly contested suit was that the
notoriety Of the case was impairing
the health OF Mrs. Nelson and causing
great annoyance to Mrs. Oelrichs and
Mrs. Vanderbilt Another reason why
both sides were eager to end the Htiga-
ton was that the legal proceedings in
France, New York and California were
a heavy drain on the estate Of $1,000
900 and that the dozen lawyers were
reaping a rich harvest at the expense
Of both sides. Mrs. Oerichs and Mrs
Vanderbilt agree TO pay the counsel
fees of the Nelson's and give them
goodly sum, and the Nelson's promise
{ never to annoy those women again.
! A feature of the case which in a
measure controlled the action Of Mrs.
Nelson and her heirs in bringing a suit
to set aside the settlement was the ap-
pearance before Consul General John
X. Gowdy at Paris OF LucieR Mas, a
s theatrical agent, who maintained that
he was a witness Of the accident and
D was certain that Mrs Fair survived
her husband by several minutes. Mrs.
Fairs family Immediately employed
counsel, and an Investigation resulted
In the action which was settled yester-
day.
The papers in the case were served
on Feb. 4, 1908. During the course of
the action Mas. accompanied by Alfred
j. Moranne, came to New York and
e gave testimony before former Judge
L Keener They claimed that they were
e the first persons upon the scene Of the
= accident. Mr.. Fair, they said, had been
G killed instantly, but Mrs. Fair survived
. for several minutes. They excused
. their sudden departure from the scene
when they heard others approaching
by saying that they were making a bi
s cycle tour without the knowledge OF
e their wives and did not care to risk the
o consequences.
= When Mas and Moranne returned e
Paris in August they were arrested by
the French authorities upon the charge
& OF perjury. They were convicted and
sentenced to Imprisonment for three
years. Tho case is now on appeal.