The San Francisco Call. Newspaper, June 25, 1896, Page 16

16 THE SAN FRANCISCO CALL, THURSDA JUNE 25, 1896. ’ TWO STARTLING REVELATIONS IN THE CRAVEN-FAIR LITIGATION Part of the Mystery of the Deeds Cleared Away. WHY HELD IN SECRET Their Recording Designed as a Checkmate by Mrs. Craven’s Attorneys. WERE IN FEAR OF TREACHERY Details of the Compact Between the Fair Children and the School Principal. Why did Mrs. Nettie R. Craven place on record at this particular time the two deeds to $1,250,000 worth of property formerly owned by Senator James G. Fair? In the answer to this lies a story as ro- mantic and sensational as anything ever evolved from brain of poet or writer of fiction. This is one of the questions that has been repeatedly asked since that eventful day last week when the documents were so cautioasly, mysteriously and unexpect- edly made known to the world at large. Up to now this apparently simple, in- significant and inoffensive interrogatory has remained unanswered. On the part of Mrs. Craven and her at- torneys the replies have persistently been of an evasive character. On the part of the attorneys of the Fair children, who are now all arrayed against Mrs. Craven, Marc Levingston and the pencil will of September 24, 1894, it has been charged that Mrs. Craven’s legal rep- resentatives had the papers recorded at this time because of the illness or absence of most of the attorneys of the heirs from the City. This gauzy explanation, how- ever, carried little weight with the know- ing ones, as they knew no advantage could accrue from such s move, even were every- one of the legatees’ counsel away or in- capacitated. This is the true explanation: The Fair children, through their attorneys, were endeavoring to give Mre. Craven the “doubl-ecross.’”’ Such is the charge made by an in ate of that lady. And Mrs. Craven filed those deeds as a checkmate. Mrs. Craven’s entrance into the great Fair will drama dates from the sensational introduction into that realistic play of what is known as the pencil will, of which she declared she had been made custodian. That instrument bore date of September 24, 1894, having been executed apparently three days later than the so-called trust will, which bore date of September 21, 1894, At the time the pencil will was produced it was eagerly welcomed by CharlesL. Fair, Mrs. Oelrichs and Miss Virginia Fair, and its valigity and genuineness loudly pro- claimed by them and their attorneys. The trust deed was objectionable owing to the trust clause, which placed the estate and all its properties under the control of the executors, leaving only the income at the free and unrestricted disposal of the heirs. ‘When Mrs. Craven produced the will it is stated that she also informed the Fair children, of course through their attor- neys, of deeds to certain of Fair's real estate and other valuable documents that were in her possesion. The heirs were at that time more concerned about the will than any other matter, and Mrs. Craven was finally induced to make the journey to New York herself and bring back the pencil will which she had sent East, as she stated, for better security. During Mrs. Craven’s absence, so the story goes, there was a conference be- tween Stephen Roberts, the confidential business sadviser of Mrs. Craven, and George R. Williams, her attorney, on one side and all the attorneys representing the three Fair children on the other. It was at this meeting that what is being re- ferred to as the Dey contract was agreed upon and consummated. This document bears date of March 15, 1895. It is a unique paper and throws a strong light on recent developments. It was drawn in the office of Reuben H. Lloyd. By mutual consent at this meet- ing Richard V. Dey, the executor and ad- ministrator of the estate of Mrs. Theresa Fair, is made judge, jury and arbitrator of the inverests at issue between Mrs. Craven and the Fair children. In the same document Mr. Dey is au- thorized by the Fair children to pay Mrs. Craven a sum not exceeding $500,000 on condition that the pencil will is admitted to probate and that she agrees to sign a quitclaim to any and all property of the Fair estate, wherever located and of what- ever character. So broad is the latter stipulation that it would, so it is claimed, cover any rights to property which might accrue to Mrs. Craven by reason of her proving to be the widow of the deceased millionaire, either by marriage contract or otherwise, for while none of the parties interested have admitted the existence of a marriage contract, it is admitted that the Fair children greatly feared that such a document might be produced. The value of Mrs, Craven’s claims and the amount to be paid in settlement of them was left entirely tothe judgment and generosity of Mr. Dey, in whom all parties had and still have the fullest con- fidence. No copies were made of this instrument, as It was desired by ever yone interested to maintain the strictest secrecy regarding NEW TOZDAY For Children’s Skin wealp, and hair, nothing in the whole world is 80 cleansing, purifying, and beautifying as CUTICURA SOAP prrest and sweetest for toilet, bath, and nursery. ing facial eruptions, irritations of the scalp, hin, and fulling hair, red, rough ands, chatings, inflammations, and simple baby rashes and blemishes, it is wonderful. id throughout the world. Sale greater than the com- bined sales of &l other skin s0aps. |FOTTRK DRUG AND For distressi the whole transaction. Its custody was in- trusted to Mr. Dey, who placed it under seal in the vaults of the Union Trust Safe Deposit, where it now lies. It has not since been opened, and will not be exposed to the view of any person until to-night, when it will be opened only on the order and in the presence of Judge Slack. As a further guarantee of good faith the present disputed property, on the south- west corner of Sansome and Pine streets, was deedea by the Fair chidren to Mr. Dey as security for the payment of the $500,000 to Mrs. Craven. This briefly is the history of the Dey- Fair-Craven compromise contract. Those representing Mrs. Craven say it is claimed by the Fair attorneys that the $500,000 contract was entered into by the Fair children in order to secure possession of the pencil will. This claim, it is as- serted, is without foundation in fact, as the contract was made during Mrs. Craven’s absence and without her knowl- edge. It is further pointed out that the contract was signed on March 15, which fell on Friday, anad that the will did not reach this City till the nextday, Saturday, March 16, and was not offered for probate until Monday, the 18th of March. For some time after this confederation between the Fair children and Mrs. Craven against the trust will and the trus- tees under that instrument, everything moved smoothly apd harmoniously so far as the pencil will allies were concerned, and every effort was directed by them to se- cure the probating of the holographic tes- tament of September 24. Then came the decision of Judge Slack declaring invalid the trust clause of the will of September 21. Thereafter, gradu- ally and slowly, came apparently the con- viction to the minds of the allies of Mrs. Craven that the pencil will was, perhaps, after all neither what they desired nor genuine and their changed mental atti- Mrs. James Haskins Tells How the Pencil Will Was Written, FAIR WAS QUITE WELL. It Was Done in Mrs. Craven’s Room at 2007 Califor- nia Street. THEY THREE WERE PRESENT. Mrs. Craven Brought the Senator a Glass of Whisky While He Wrote, Mrs. James Haskins, witness to the Fair will of the 24th, the pencil will, with- out really consenting to do so told to THE Cary last evening the story of how that will was drawn by Mr. Fair in her presence. Everything relating to the pencil will except the bald fact of itsexistence and that it purported to be the genuine and last will and testament of James G. Fair has hitherto been a mystery. Everybody who had knowledge—and there were only two, Mrs. Craven and Mrs. Haskins— sealed their lips, putting the question off with the promise that “‘at the proper time"” they would speak. Even the place where the writing was done was kept secret. MRS. ELIZABETH HASKINS, tude soon became manifest to Mrs. Craven, Mr. Roberts and Mr. Williams. The reason for this the latter claim to see in two important facts which will militate against the Fair children should the emasculated trust will be accepted for pro- bate. Under the trust will the vproperty is clearly and unmistakably apportioned be- tween Charles L. Fair, Mrs. Theresa A. Oelrichs and- Miss Virginia Fair, giving each a third interest. In the pencil will appears this provision: ‘“All the rest of my estate, properties of whatsoever kind, I bequeath to my three children, Theresa A. Oelrichs, Charles L. Fair and Virginia Fair, share and share alike, and to their children forever.” It is this clause, it is said, which trou- bles the meditations of the Fair children and has weaned them from Mrs. Craven and the will of which she was custodian. They see in its ambiguous wording a pos- sibility that it may be interpreted to mean that Mrs. Oelrichs’ boy is to be an equal beneficiary with his mother and his aunt and uncle, leaving but one-quarter of the estate for Charles L. Fair and the same portion for Virginia Fair and Mrs. Oel- richs, respectively, instead of one-third, as under the trust will. Another reason for the recent repudia- tion of the pencil will is tnhat its admis- sion to probate will necessitate the pay- ment of $500,000 to Mrs. Craven. 1t was the apparent breach. of faith on the part of the Fair children in upholding the amended trust will that caused the two gift deeds to be recorded by the at- torneys of Mrs. Craven. that the gage of battle had been thrown down by the former friends of Mrs. Craven and they signified their accept- ance of the challenge by firing their first gun on Friday last. Whether the great.legal war will be another compromise are matters that are being much speculated upon. Comment has been excited by the agree- full of all her claims on tne Fair estate, ready made, amount to $1,250,000. This is explained by her counsel that she was satisfied wit1 the less amount, as its ac- ceptance would avoid any further noto- riety on her part. ik o1 2 NS MORE MONEY NEEDED. Fourth of July Committee Requires Funds for Street Decoration. The literary committee for the Fourth of July celebration has already received 106 poetical effusions. The task of deter- mining which is the most perfect accord- ing to poetic and patriotic standing, the committee say, will be very difficult. The Fourth of July committee has enough money in sight at present to de- fray all the general expenses; but more money is needed to make the celebration as elaborate as was firstintended. Any new subscriptions will go toward increas- ing the pyrotechnic display, adding to the entertainment of the children and to dec- orating the streets. ‘“Every dollar,” said Secretary Smith, ‘‘that is received here- after will go toward improving upon these three points. Everything now, however, looks favorable for a splendid recognition of the day. Subscriptions are coming in faster than ever before.” —————————— Southern Pacific Suit. The Southern Pacific Company has sued F. Severio, as surety for Monroe Barnett, for Cokr., Sole Props., Boston, o How o Pusity ad Besutlty U.S. A Eaby's 8kin," free. | $754 97 for freight charges on goods deli to Barnett, s They considered | fought out in the courts or be settled by | ment of Mrs. Craven to accept $500,000 in | which, even by the showing she hasal-! | Mrs. Haskins lifted the veil to the ex- tent that it is in her power todo so—so she says, The will was drawn in Mrs. Craven’s room, at 2007 California street, says Mrs. Haskins. It was written in a large blank book by Mr. Kair in the presence of Mrs, Craven and Mrs. Haskins, Mrs. Haskins not being in the room all the time. The room was very warm and Mrs. Haskins | became ill and retired to another apart- ment for a while, but returned before the writing was completed. “The will is all right,” said Mrs, Has- kins decisively. “When the time comes for me to tell about it on the witness stand I will do so. I bope it will never be necessary, but if it is T will tell the truth.. That visit to Mrs. Craven’s that day has brcught upon me a sea of trouble, but there is nothing for it but to continue to the end. It has brought upon me great financial loss and directed unwarranted scandal against my good name, but I can only tell the truth. The success of the will or the proponents or the heirs under the will is nothing to me. “There is not a cent in 1t for me one way or another, but, as I say, the charges and litigation growing out of it have cost me considerable money. The lawyers for the pencil will have promised me that all this will be returned and that I will be prop- erly recompensed. “As this will is genuine and will be pro- bated, I expect to get that, but nothing can recompense me for the trouble that it has brought upon me. Iam not the same woman since.”’ Little by little in this way Mrs. Haskins told the story of the will so far as she knew it. Itis an interesting story and should be told in the sequence of its inci- dents rather than in the fragmentary way of her telling it. To begin with, Mrs. Haskins denies that there is any estrange- ment between herself and Mrs, Craven, or at least denies any knowledge of why there should be any or that she bears Mrs. Craven any ill will. “Mrs. Craven left my house some months 2go, since which time she has called upon me but once,” she said. “I do notknow that she hasanything against me. Her daughter has called upon me twice. Perhaps the hiil is too steep for her to climb. That is the reason she gave for moving —that she wanted to get nearer her school. Her health is not good.” ’{hen she approached the story of the will, “It i+ wrong to suppose the will was drawn in this house. Mr. Fair was never here I have known Mr. Fair for over thirty years, but was never on more than speaking terms with him. Mrs. Craven and I have been friends for many years, and I knew that she thought a great deal of Mr. Fair. ‘‘So far as they’re having been married Iknow nothing. Mrs. Craven was living in my house when the statement was made in the newspapers that there wasa merriage contract between them. I laughed about it to her, and she only said ‘You see lots of queer things in the newspapers.’ ““How did I come to be present at the time Mr. Fair made his will? Well, [ had had a dress delivered to me by my dress- maker, who lives on California street. The bill was sent with it, and on the morning of September 24, 1894, I went out for the purpose of paying this bill. I took the occasion to go out and call upon Mrs. Craven at her school on Mission street, near Fiiteenth. She was not there. “‘One of the little boys told me she was sick at her home. [ went to my dress- maker’s, paid my bill, and then went to where Mrs. Craven was living at 2007 Cali- fornia street. I found her there. She was not confined to bed, but was in her room. Mr. Fair was with her. There was a Chinaman servant there also. Mr. Fair was engaged in writing his will. He was writing with a lead pencilin a large blank- book. The book belonged to Mrs. Craven. “Yes; I knew what he was doing. I cannot say that I was surprised at it. If you ask me for pen and ink and saw fit to write an important document here in my presence I cannot say that I would think it at all remarkable. “I was not feeling well, the room was closz and hot and I went out for a while, but returned before the writing was com- plete. ‘I cannot say whether Mr. Fair was in good health or not. He seemed to me to be. He had a glass of whisky while writing. Mrs. Craven got it for him. *‘I remained all the afternoon—did not come away until after dinner. We had dinner about 8 o’clock. Mr. Fair did not stay for dinner. ‘I considered that visit that afternoon one of the most unfortunate events of my life—the fact that I happened to be pres- ent at the writing of the will of James G. Fair. It has brought upon me nothing but trouble. I had a dream a short time before it—a mosi remarkable dream—that remains fixed in my memory. It was vortentous of evil, and evi! has come. ““Well, shortly after my husband’s death Mrs, Craven asked me if she might not come here to live, and I made ar- rangements for her. After Mr. Fair's deatn she went ta New York, you remem- ber, and when the lawyers and heirs were quarreling about the will that had been produced by the trustees, and just about the time the sensation about its having been stolen from the clerk of the county’s office was made known she heard about it there and sent on this will that was left with her to be presented for probate, “There was a little corner of one of the sheets of paper torn out. The lawyers for Mr. Fair's children were very anxious to secure every possible proof of the genuine- ness of this will. They visited this house ina body to have me give out what I could. There was Mr. Reuben Lloyd and Mr. Wilson and Mr. Heggertv and Mr. Wheeler, all here together one day. “They had noticed that little torn cor- ner apd they were eager to get the piece of paper to fit to it. They said they were afraid that the trustees or somebody would introduce some other will or would try to break this one down. They asked me to search for the book that the sheets of paper had been torn out of. I did o for the most part of two days, searching all over the house. Iremembered that Mrs. Craven had had a quantity of books and papers in her room when she went away und that I had taken upstairs, 1 went up there and found the book and the lawyers were here when I brought it down. We went through it and discov- ered where the leayes had been torn out and there, fast to the beok, was the little ragged corner of the paper that was missing from the will.. I never saw anybody more pleased about anything than were those lawyers, Mr. Lloyd was as pleased as a baby with a new toy. He held that bit of paper as though it was something good to eat. ‘‘And now,” continued Mrs. Haskins, ‘“‘they are all against this will. They were not against it, however, at any time until they broke the trust in the earlier will. THE PROPERTY AT PINE AND SANSOME STREETS, They could not have been against it now if the trust had not been broken. But the will is all right. It was written by James G. Fair in my presence.”’ With regard to the deeds, Mrs, Haskins intimated that, if compelled to goon the stand, she might throw some light upon i them, but for the time being she wonld say nothing. She had made up her mind to say nothing about the matter at all, she said, and would stand to it. ey BRITTAIN AS A SCORCHER. Burning Words Directed at the At- torneys of the Fair Chlldren. Mrs. Craven was not disposed to ‘do much talking in reference to the matter in which she is now the most conspicuous figure, butshe had this to say regarding the latest development—the acknowledged existence of the compromise contract: “I have no copy of the compromise agreements, which I understand is held by Mr. Dey, nor have I ever seen the orig- inal. My attorneys have demanded that it be brought into court and Mr. Dey has said that we should have it. Iexpect to see it Thursday night for the first time. “I nave heard about its contents, but what they are I cannot say at this time.” F. 8. Brittain, who is acting as the legal adviser and protector of Mrs. Cravén dur- ing theabsence of S. M. Snortridge and the illness of D. M. Delmas, was more com- municative, and freely gave his opinion on the very interesting situation created within the past few days. ““This present series of counter-proceed- mgs,” he said, ‘‘coming up at this time, after a long calm, was primarily brought about by the filing of Mrs. Craven’s deeds. The gentlemen on the other side bave pressed the matter of the taking'of Mrs. Craven’s deposition. on the ground that they were taken by surprise by the filing of those papers. As a matter of fact they have known of the existence of those papers for a year and a half, and it was in view of the existence of those papers and the will of September 24, 1894, that they entered into that compromise contract or rather had the children of Senator Fair enter into it, and which document Mrs. Craven, through her counsel, has de- manded to be produced in court Thursday night. “Until yesterday those gentlemen have —all of them—denied both publicly and privately the existence of that contract. They now admit that auring the year and a half they have had the contract and have known of its existence. “They have made many statements to discredit Mrs. Craven in the eyesof the public, yet by their present admissions they show that they themselves have de- ceived the public during all of this time. “In the proceedings on Monday night they sought wholly for an opvortunity to say, under the license granted to them as attorneys, what' the newspapers prior to that time could not publish, even at their instance. “In that proceeding they sought accomplish three things: “First—To take the deposition of Mrs. Craven. *‘Second—To have her sworn and the | jurisdiction of the court admitted. “Third—On her refusal to be sworn to have her adjudged guilty of contempt. “In the excitement of the occasion it was overlooked that in none of these three things were they successful. Her deposi- tion was not taken; she was not sworn until she was advised by her counsel to take the oath, and she was not humiliated, as they had hoped, by being even mo- mentarily imprisoned. “On the other hand, Mrs. Craven wanted a positive ruling on the sufficiency of the affidavit and notice of the taking of the deposition, in order to found a counter proceeding to see whether the gentlemen who tell so many conflicting stories to | reporters will tell the same stories under oath. “These gentlemen, after having for a year and a half kept secret the existence of the compromise contract, are now seek- ing to explain to the press the terms of the contract. They will have an oppor- tunity to state those terms under oath in all probability, and, having been found false in one thing, it will be a question in every one’s mind whether they are telling the truth now. | “In regard to the contract the public must draw its own conclusions until Mrs. | Craven has had an opportunity to.show | what the terms of that contract are. At present we cannot, as her counsel, give any information as to our understanding of the legality of that document.”” HOTEL-AEEPERSORGANIZE to | Italian Bonifaces Have Found Mutual Protection Necessary. Henceforth Deadbeats Must Pay in Advance or Go Into the Cold World. The Italian-Swiss hotel and boarding- house keepers of this City and State have found it necessary to organize for mutual protection against the gay and festive deadbeats who were making them a prey. A number of these gentry have lately been making their presence felt among the hard-working hotel proprietors and lodging-house keepers of North Beach and Montgomery avenue. After living in clover at one hostelry till the proprietors stock of patience and credit has given out, it has been the custom of these knights of 1dleness o move on to another hotel and begin the game all over again. The proprietors began to sigh for the good old days when they had an Italian hotel union and a black list, by means of | wnich deadbeats could be checked early in their nefarious careers. The union had fallen into abeyance in 1892, but the reali-, zation of the use it was to the hotel pro- prietors has brought about the formation of another society on very similar lines. The new Socicta di Muiua Protezione tra i Proprietari di Hotels e Pensioni Ital- 1ani e Svizzer: Italiani has only just been tormed, and it will be incorporated within the next week. At the last meeting, which took place in Colombo Hall, G. Le- pori was elected president, V. Da Valle treasurer, and G. Musso secretary. The constitution adopted was in substance that of the Italian Hotel Proprietors’ Protective Union, which fell into abey- ance in 1892. About twenty hotel propri- etors are charter members of the new so- ciety, among them being: G. Giuntini, D. Paganucer, F. Ungaretti, L. Puccineili, R. Petri, L. Roscelli, E. del Carlo, G. Capo- nelli, E. Parodi, G. Fabris, R. Allegrini, P. Nave, Dapelo D. Devincenzi, 8. Damartini, 'W. Foppiano and G. Barbagelata. Hotel proprietors from all over the State are eligible for membership and several Italian bonifaces in interior towns have al- ready signified their intention of joining. A Broker’s Trials. Daniel Murphy and his wife, Eliza Price Murphy, have sued Stephen Otis, a stock- broker, for an accounting of certain stock laced in his hands and for damages for the Satannon of the stock after a demand had been made for its return. The total amount sued for is $2515. E : E NEW TO-DAY—DRY GOODS. REMNANT DAY In All Dep’tm'nts Nothing has such a certificate of character as a rem- nant, says a dry-goods philosopher. It suited everybody but the last comer, and she left it only because there wasn’t enough of it. Thousands of remnants to-day. Shorter the piece, shorter the price. WRAP REMNANTS. To-day is Remnant Day in all departments. Odds and ends in Ladies’ Suits, Wrappers, Jackets and Capes. ODD AND END SALE OF LADIES’ MIXED SUITS—Jacket is lined with fancy silk. The skirt is Ined and five yards wide. 8" 00 To e Bound all around bottom with velvet. A bargain at $830. dlose s e e e e EACH ODD AND END SALE OF LADIES’ WRAPPERS—Fancy 69¢ big sleeves and ruffle. You'll need one. Worth a dollar p close KN e agis EACH ODD AND END SALE OF JACKETS—Bleck and Navy Blue Boucle Jackets, velvet collur and big sieeves, ripple buck. A @~ ()() swell thing cheapat $7 50. Buy to-day or you'll regret to-morrow. @9 To close S S T i S EACH ODD AND END SALE OF LADIES’ TAN DOUBLE CAPES— $9 00 Velvet collar. A sacrifice. Price only pas ey 3 EAC NOTION REMNANTS. 0dds and ends of quantity and length. Ribbons, Laces, Veilings, Braids, Embroideries, Beadings and Trimmings. Short lines in Notions all marked at remnant prices for to-day, Friday and Saturday. FURNISHINGS. Short lines in Hosiery, Underwear, Outerwear, Waists, Gents’ Necessaries, Shirts, Drawers, Gowns, Skirts. Everything, anything, all things we are short on goes in the remnant-price mill, and to-day they come out with former prices ground to dust. Come and see. DOMESTICS. Yards that are left from popular pieces. Some too short for a waist—some big enough for a skirt. All lengths—all prices. The shorter the length the shorter the price. Ginghams, Wash Goods, Muslins, Flannels and Flan- nelettes, Table Linens—all cotton stuffs—the sccunulation of months of busy times gathered and measured and half-priced. DRESS GOODS. All kinds of remnants for ali kinds of folks. Swell things for swell folks— ordinary things for ordinary folks—cheap things for cheap folks—bargain things for bargain folks—all together on our counters and measured and priced to make business buzz. Silks and Woolens, swell 1896 Dress Stuffs, Waist Lengths and Skirt Lengths, Fancy-work Lengths and Patchwork Lengths. Every kind for everybody. Come early. 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