The San Francisco Call. Newspaper, August 9, 1896, Page 10

10 THE SAN FRANCI SUNDAY, O CALL, AUGUST 9, 1599. MRS, CRAVEN'S ~ MARRIAGE ~ CONTRACT. The Document Was Ac- knowledged Before a Notary. SHE HAS ANOTHER DEED Property Preseated to Her by Senator Fair as Long Ago as 1889. HER EVIDENCE SUPPORTED. The Notary Will Testify to the Ac- knowledgment of the Marriage Contract Before Him. Lying upon her sickbed, with her physi- cian in attendance to warn her against over-excitement and to call a halt when he saw the signs of danger from it to his pa-3 tient, Mrs. Nettie R. Craven continued her deposition in the suit to quiet title to the properties for which she holds deeds from | the hana of James G. Fair. The number of lawyers was limited and members of the press were excluded be- cause of the brevity of the space in the sickroom. Only. the official court report- ers were present taking notes. Even with these precautions the room was crowded. Mrs. Craven bore up under the inguisition beyond the expectations of her physician, and when he put a stop to it at4 o'clock she remonstrated. She seemed eager to g0 on and, as she said, get through. The testimony was full of interest. The marriage contract was submitted and also a letter which is in a fashion a republica- tion of the will. Considerable new matter was developed. It was shown that the marriage contract had been ac- knowledged before a notary, Lee D. Craig. Mrs. Craven also stated that she had still another deed for some outside property given her as far back as 1889 by Senator Fair, the location of which she did not at present know. | Mrs. Craven was clad in a pink silk nightdress with lace trimmings. Her aanghter Margaret sat beside her throug h- out the ordeal, adjusting the pillows at in- tervals and furnishing refreshments, with an occasional cup of beef tea. Dr. Clinton came in during the morning hearing, and after examining his patient allowed her to proceed, although she was showing evi- dent signs of extreme nervousness. Her attorneys, D. M. Delmas, Judge de Haven and W. W. Foote, sat beside the | bed at a small table furnished for their | taking of notes. W. M. Pierson, representing Crotbers and Angus, conducted the examination. | With Garre: McEnerney he sat at the | foot of the bed, the latter taking notes, sug- | gesting questions and waiching the wit- | ness intently. Lansing Mizner, Mr. Percy | and G. W. Williams were present. The faithful Mrs. Haskins was present also. The inquiry began with Mrs. Craven's first acquaintance with Senator Fair. She was introduced, she said, by Archibald Borland in 1880 or 1881. They both lived at the Occidental Hotel at the time, and saw much of each other from that time forward. The contract of marriage Was entered into on May 23, 1892. “Have you the writing?” was asked. The witness produced the contract, in- closed between two sheets of paper. “In whose handwriting are the words in this paper: ‘San Francisco, Cal.,, May 23, 1892. I take Nettie R. Craven to be my lawful .wife. Itake for my lawful hus- band James G. Fair?’ ” “In my handwriting.” ) “Where did you write that, Mrs, Craven 2’ 823 Sutter street.” “Was anybody present at the time?’ “Senator Fair and myself; no one else.” Mr. Pierson wanted the witness to relate all the circumstances attending what he ' termed this *important epoch in bher life,” but she insisted on the questions beicg asked, as she did not know, she said, what he desired to know. In answer to questions thereon she said she did not quite remember whether it was late in the afternoon or in the even- ing. She usually kept her working desk in the front room, and she thought it was written in the parlor orthe front room. “Did Senator Fair come up there by ap- pointment on that occasion?” “He told me he was coming. Iknew he was coming. Idon’t know how."” “Weli, what led up to the execution of the contract?”’ “We had talked of it for several years before. He suggestedit. We talked about it a great many times. He dictated the contract.” “When did you first paper?” “To my danghter iu 1892. 1 may have shown it to Mrs. Johnson. I know I told her aboutit. I took it to Judge J. F. Sul- livan the day after it was signed to ask him if it was a legal contract of marriage without being acknowledged betore a notary.” “And he advised you about it?” *“Yes, sir.”” “Who else besides Judge Sullivan and your daughter saw the contract?'’ “There may have been others, but I don’t remember. Oh, yes; the notary before whom we acknowledged it then. I am positive of that.” “'lPl(l)e netary before whom—"" “Before whom it was acknowledged.” “What? This paper?” ® “Yes.” ““Well, is this acknowledged ?’ “This is acknowledged before a notary.’” “Do you mean the certificate of ac- knowledgment attached to it?"” “It was not attached to it.” “What do you mean by being acknowl- edgea?” “I mean that Senator Fair appeared be- fore a notary and took the acknowledg- exhibit that ment of that as being his handwriting | and his wish and mine.” “But uo certificate was made to it or attachea to the paper?”’ A certificate was made to it; yes, sir.” ‘“Wuat became of that certificate?”” “I think it was in the possession of the notary.” “What notary was that?” “Lee D. Craig.” *‘And why was the certificate not at- tached to it, Mrs. Craven?” “Because we desired the marriage to be kept a secret and the notary said he could take the acknowledgment, but if he put his certificate on it he would have to put the record in his bocks and it would be- come public property.” *‘And the idea was that he could at any time thereafter make out his certificate and date it back as of thatday. Is that the idea?"’ *‘No, sir. Senator Fair asked him t6 make a memorandum of itand a certificate of the date and the time and to kegp it in his office as a protection for me.” *‘Was that done?”’ I presume it was done. I have not been able to—"’ “You were present at the conversation of the notary 2" “I heard the conversation.” ‘‘The Senator requested him to makea memorandum, not in his book, but some independent memorandum ?” ‘‘Some memorandum that would protect me in case anything should happen.” ‘““Have you seen Mr. Craig since then?” ‘‘Several times. He called here once since I have been confined to the house. I have not seen the memorandum. I asked him if he remembered what Senator Fair had said and he answered that he did.” “Did BSenator Fair explain to Mr. Craig at the time why he wanted no acknowl- edgment put on this?”’ “‘He said he did not want it acknowl- edged until he could get his financial affairs in a state so that he could leave for a year, and hs hoped in that time to be able to do so.” ““What day was this acknowledgment?” “On the 24th; the day after1ts date.” “Did you go from your residence with the Senator?’’ - “No, sir. I met him by appointment on Montgomery street, corner of Sutter. He went to see Judge Sullivan, and if Judge Sallivan said it would not stand to meet him and he would acknowledge it before a notary. He told me thatat the time we signed the contract. We met on Montgom- ery street and walked along to & building “At what hours of the day or night would he call?"” “At all hours.” “Did vou ever visit Senator Fair at his office?” “I have. Ivisited him during & num- ber of years that ke had his office at 231 Montgomery street.” Witness stated that she first saw the deeds for the Pine and Sansome street roperty on September 24, 1894. Benator ‘air was talking about providing for me. He had been writing h?u will, and some one remarked that he had not provided for Mrs. Craven, and he took the deeds from his pocket and handed them to her saying: “This is the way I have provided for you. I bave given vou the Pine and Sansome street property and the Mission-street property that you have passed so often.”” The question of having them acknowl- edged came up. Fair said they were just as good not being acknowiedzed, as she could have them ‘‘placarded” in the Hall of Records. She said she would prefer that he would have it ac- knowledged. He asked if she knew a dis- creet notary who would not tell about it. She said she dia not. He said that he pre- ferred she should take the responsibility of having it acknowledged, as, if it got out, she would blame him. Fair took the deeds | and returned them to her afterwards ac- knowledged. She had received a letter which was placed under her door. It was written in pencil. Subsequently she received a telephone MRS. CRAVEN GIVING HER DEPOSITION. where thereis a bigopening, where wecould taik. Itold him Judge Sullivan said the paper was legal but would be stronger if acknowledged before a notary. As we were talking Mr. Craig came along, and Mr. Fair beckoned to him. The Senator said , he wanted to acknowledge a paper before him, and he wanted to know if he could keep a secret for awhile. The notary said, ‘Bring your paper down.’ I told him I had the paper. The Senator explained that he wanted it kept secret. Mr. Craig said he could acknowledge it, but could not put a seal on it withoutentering it in his book. | He asked the usual questions—we both acknowledged it in that way. “Now, during the portion of 1892 that you were here after the 28th of May and during the entire year 1893 did you see Senator Fair frequently 7’ “Whenever he was in the City, I did.” “How frequently?” “Well, he varied his calls. Sometimes he would come in once a week, sometimes twice a week ana sometimes not for two weeks.”” message from Fair, asking her to come to see him—to meet him on Montzomery street; that he was sick and it might be the last day he would be out. She went down and saw him on the street, but as she had company with her and had an- other engagement, she waved him off with her hand. *Did the Senator have a passkey to your house ?” *No, sir.” “Who suggested his makinga will in your house ?” ‘‘He had been talking about it for some time. He hud the will prepared on slips of paper before he came to the house, all ex- cept two clauses. Those clausesrefer to the teachers’ pension fund and to Charles Fair. I wrote that out for him. He had told me that Pierson and Mitchell and Goodfellow were after him to make a will, and he did not want to make it their way.” After he completed the will in pencil the witness snegested that he copy it in ink. He said it was just as good in pen- gl and it was hard for him to write in ink. e consented to do so, however, LTk Nutte R lirasns fl/?,?? 25 /892, Ww—r, 2 o, Fac-Simile of the Marriage Contract Between Ex-Senator James G. Fair anl Mrs. Ncttie R. Craven. afterward. He had come to the house for the especial purpose of writing the will. He said they had been after him so much to make a will that he was determined to make one where they could not getat him. She had told Mrs, Johnson of the Colonial Hotel about havying the will before Senator Fair'sdeath. After much discussion the following let- ter was produced by Mrs. Craven, but it was not read. 1t is the only letter of the Senator’s she had at hand. It read asfol- lows: December 16, 1895. Dear Mrs. Craven: 1 thought I would see you to-day. Iam asick old man. 1 want you to keep my will of September 24 safe. I want it to knock out all the papers those fellows are dogging me into signing. Your paper was re- turned to me, and_I want to deliver it in per- son toyou soon. Kindlyand ever, JAMES G. FAIR. “What did you regard as your claims against the Fair estate, Mrs. Cr_nven,—not the value, but what were the_ claims?"’ “As Senator Fair's wife and the deeds. Mr. Lloyd came out to my school and offered me $250,000 to re- lease all my claims irrespective of the deeds. I refused to accept it. asked him if he was offering that for me to produce a will. He said no. I told him I was entitied to all Senator Fair intended to give me.” g The witness stated that in 1889 Senator Fair had given her a deed toa piece of property which she thought was out of the Cify. The deed was not to be recorded until after Senator Fair’sdeath and as he was & hale and hearty man at that time she paid little attention 1o it. She had said nothing to Lloyd about this, although ‘she had mentioned 1t to her own attorney, Mr.Williams, since the Senator’s death. A recess was here taken until 2 o’clock, Mrs. Craven inviting all present to luncheon. The invitation was accepted by all except Pierson, McEnerney and Perry, who claimed engagements down- town. S i In the afternoon the inquiry was di- rected toward the compromis® contract. ©[ understand,” said Pierson, ‘“‘that the contract for the $500,000%0 be paid to you was conditioned that you should deliver up the will and the deeds.”” “Idon’t know as to that. Mr. Lloyc and Mr. Wheeler and I don’t know how many others spoke about that.” “Was there any time fixed when you should be paid the money ?”’ *No time was fixed as far as I under- stand.”” *“Was not the cash to be paid when con- veyance was made?” “Not that I know of.” “Was not this arrangement made with you personally 2" “No; it was made by my power of attor- ney, though I was spoken to about it.” ““At whose suggestion was it that you went East for the will of the 24th?” : *‘Mr. Lloyd and others urged me to go or it.”’ I said: “Was that after the contract had been made with you ?” “There was some talk about the com- promise before I went East—as to my re- linquishing my claim under the deeds. “You wanted an understanding as to the matter before you produced the will, is that it?” ‘ +No, sir; I offered to produce the will without any consid eration.”” T would like to know if you understood you were to receive $500,000 before you went East?” 3 «I was asked if 1 would relinquish my claims before I went East. The contract of marriage was to die with Senator Fair. “Were y’gu tg"receive any compensation for going East “gnlyg that I was to get the $500,000 upon the relinquishment of my claims. Mr. Lloyd wanted to pay my expenses but *No, it shall not cost you a cent. 1f you want it you can have it.”” ‘Y\’Vus any payrt of it to be paid in cash 'I’: oI do not know of my own knowledge.” “If you were to receive $500,000 for mak- ing a conveyance why did you not make it?? +I did not have time to stop. Icame hurriedly from Sacramento and they rushed me off for the will.”” a “Couldn’t you have got it without going for it?” 5 “My daughter could not bave given it to any one without getting word from me.” “Well, couldn’t you have written for it?” “] couldn’t write and have it sent by mail.” *You sent it by mail?” “Yes; but I wouldn't have had it re- turned that way. tation was at stake, and I wanted to see it safely back myself. I arrived in New York March 4 at 2:40 p. M. I went to my daughter’s residence. She was not at home. asked the jani- tress if she bhad the keys to my daughter’'s flat. She said no. I asked leave to lie down in her apart- ments and she permitted me to do so. I remained there till evening, when I took a hack to the theater where [ knew I would find her as she was playing. It was the Standard Theater, I think. After the play, where I saw my daughter, we went to Dr. Brown’s, and remained there untit aday or so before I started back. My daugh- ter and [ went to see John W. Mackay, as I was airaid I could not come back and I wanted to have him send it. He was.in Washington and we did not see him. I started home the following Monday.” ‘““When you got the package was it in the same coudition as when you sent it ?” “’Tbe lead-pencil and ink documentin it?” $*Yeos, mir:'’ ““What did you do with them?"’ “T placed them between the mattresses of my bed. I kept them there until I went home, except for the day I went to Mr. Mackay’s I took them with me, as I hoped to give them to him. A “You came home by the Pennsylvania Central to Chicago?”’ 1 think so.” “A gentleman came on at Chicago and said he was the custodian sent to take charge of the will. I supposed that was the arrangement, as Mr. Lloyd had been telegraphing me to get such a custodian in case I could not come.” “Now, did the stranger say he was the representative of Mr. Milholland or of Mr. Lloyd ?”’ “Well, Mr. Milholland never used the word custodian, and Mr. Lloyd had fre- quently done 80 in his telegrams, and I judged he was from that side.”’ “Did you learn,his name?’ *H. C. Harcourt.” “The wills were both in the same en- velope?” “Yes, sir.” “And you took one out and handed it to him?” “Yes, sir.” ““You selected the one you thought the better of the two?” “Yes, sir.” “Did vou see him again ?”’ “*Oh, yes, I saw him frequently until Reno was reached. Iexpected to have to stop at Omaha as I was so ill.” *Who made the arrangements that you and Mr. Harcourt should not speak to each other?” “I don’t know whether there was any arrangement. I told him not to come and talk to me with that paper. I was afraid that I would be recognized. I was afraid the will would be stolen. A will had been stolen from the City Hall I felt that my repu- | and it had got out at Sacramento, and I did not know how many people the law- yers had told that I was after it, and it would not be strange if some attempt would be made to steal it from a sick woman.” The witness told of her arrivalin the City, being met by Mrs. Haskins and being driven to her home and the subse- guent conferences with the attorneys in this Crty. ““When you were in the East were you 1n telegraphic communication with attor- neys representing the Fair children?”” ““1 received some telecrams and some ‘were addressed to my daughter,” “Did Mr. Fair maké any other wills in your house or in your presence?” “Yes, I am quite sure he made six.” ““When did he make the first?” “About 18%0. He took that will away with him afterward.”’ . “‘Between 1890 and 1894 he made six wills in your house?”’ “Yes, sir.”” After some further questioning along these lines, that did not develop anything important, Dr. Clinton, Mrs. Craven's physician, intervened on account of her hysical condition, and the ‘taking of the eposition was adjourned to onday morning, August 10. DOCTOR COOK. BRIGHT, HAPPY DAYS Are in Store for the Unfor- tunate of the Coast. The Great Specialist, Doctor H Cook, Is Now in Our Midst. There are not many communities where- in the sfflicted are so particularly fortunate as they are in the West. They need not suffer unless they choose to do so. There is help for them. The great American specialist, Doctor H. Cook, the glory of whose fame is spoken of in France, Germany and other European countries, is now a practitioner in our midst. He has located in San Fran- cisco—is here to stay. This is his adopted home. 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