The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1890-11-25
LOOKS LIKE CONSPIRACY.

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Nm. Ladd, Mr.. and Mr.. Cummings and
Ni0 CumminRs testify that there VA
pause at tho conclusion Of the speech Of
Erwin Davis and Mr.. Root in substance OBJ
served: IF NO ono elss had anything TO
nay, he had At this gathering Of an in
formal nature, there was nothing which
could prevent John A. Davis from having
s'chanoe" to talk. Another part Of the evi-
denoe should be commented on in this com
nection wherein John A. Davis says: "Er-
vim u here in the city and has beea tor ten
days. have seen him every day Of that
time" II any Of these witnesses had erred
IN stating the remarks of Erwin Davis, u
vas within his power to correct then, but ne
did not vindicate this privilege by going mp
did not give to this evidence, which - not
oontrovsrted. its proper weight.
In another particular, think that John
A. Davis IL proved to be wanting ~ lnteR.
Fity. Erwin Davis requested the heirs q
this meeting to sign an instrument OF some
character which conferred upon him some
authority TO represent them IN the settle
ment Of the estate. Root, the appellant,
opposed this action and y. advised every one
signed any paper 70 that he could realize
fully the Consequences: Mr.: Cummings
testified: after Mr.: Root had finished
and had gone out. and the rest OF the COM
pany, Uncle Erwin said 70 Uncle John,
What was the matter with hootr He
been drinking, and Uncle John said he
thought 80. Uncle John also then said not
to have anything 20 90 with lawyer; that
he had had good deal o. Law business, and
| found It Was very expensive, and that there
yers." Mrs. Cummings testified: He
lJohn A. Davie) also said that it was neces-
sary to be united in the AFFAIR, and he
turned to me and said: We don't want
any lawyers to be mixed up in it at all;
that there we're very few honest men among
lawyers. That i they got mixed mp in it
the estate would 20 in litigation" The
listeners would infer from these statements
that John A. Davis did not intend to pro-
tect his interests in the estate with the aid
his testimony show his duplicity. Between
the time my brother Andrew died, and the
time left here with the body, ] saw coun-
rel here. My son Andy was with me at the
time time. told Andy t. zee Judge os Dixon n and
mlnistration for me. had mot seen Mr..
Forbis or his firm prior to signing the petit
ton. II was my son Andy who saw them.
I instructed Andy to employ Forbis 4
me same spirit Of unfairness or, decep-
ton upon the part Of John A. Davis
e shown in his efforts TO aasist
Erwin Davis in procuring the sigma
lures 70 the heirs to the written instrument
which haa bean referred to. Misa Oumminos
testifIed: "The meetino adiourned till one
o'clock the NEXT 1av. On that naxt dav
had 4 converaation with INV Uncle John
and Uncls Erwin; nv mother was present.
also my sister, Mrs, Cummincs and Aunt
Diana. The conversation was in the fore
noon. in Die parlor Of the Masaasoit honse.
We were encaoed in social talk AZ the frat
when Uncle Erwin asked nv mother anal
Aunt Diana if thew were ready to Atom Chat
little paper, And my Aunt Diana said:
sOh. oh. no: wait until the rest COME. You
said might be the last TO siQn it, Uncle
John spoke and said: II no one makes a
beginning II NO one sions first Il will navar
be DONE and he related q little story to IL
lustrate his meaning. He said his wife vas
nurse and she would not 90 without hired
girl; and he went to get . hired girl and
the hired girl would not 90 without q nurse.
After Uncle John had told that story nv
mother told Uncle Erwin that she had de-
very we'll. Then shall do nothing for
YOU. shan't ask YOU to sign again: indeed
/ shan't allow you to sign ii you wish to: I
shall 60 out to Montana and do for myself,'
And my Uncle John spoke mp and said: so
shall ko out and do Tor myself.' Both
Erwin and Uncle John spoke in threaten
ing manner; both of them. And Uncle
John added by way Of threat, 4 can 90 in
with the boy and take the whole That was
N Uncle Erwin's presence, and in my moth-
Tnoe R11a .pG ssd
cam And Erwin said, No, no, he does not
mean that Uncle John said to my Uncle