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

0A1 OoC0A6oN OTOtnot8 OO0y, ne 1OuuC
awaiting him several aged sisters. his
brother Erwin, and number OF other rela-
tiyes of deceased. John tells in his testi
mony, on cr0ss-examination, what occurred
both prior to the funeral and after that
event mp to the time of said meeting Of the
heirs. It amounts to nothing moro than q
narrative Of hasty greeting between these
brothers and sisters, who had scarcely met
between youth and old age; the preparation
for the funeral; the journey Of ten miles ia
the burial place; tho obsequies; the return
to the MasaasOit house; the partakinQ of a
late dinner together, with all these heirs
present, after which the meeting occurred.
No delay was made to give convenient
time and opportunity for these alleged con.
spirators TO meet in consultation.
John is questioned on CROSS examination
as to whether he had . private or secrei
interview with his brother Erwin. ON the
day Of the funeral, prior to said meeting OF
heirs. and positively negatives all such
questions.
None Of the seven witnesses who wert
there and testified to the circumstances, in.
innate that such an interview occurred: *
that mp to the time of the meeting We have
no evidence to show that any such an alleged
conspiracy had been formed. Neither il
there any evidence to show that John had
any knowledge Of Erwin's fraudulent de-
signs, il they existed.
At the meeting John coincided with one
remark of Erwin, az to the time il would
take to settle the estate in Montana.
This may have been an honest belief. II
he was mistaken We cannot say that it was
not an honest mistake. He advised his sis
tiers to sign the paper authorizing Erwin to
represent their interests in Montana.
There could be no vice in this as far al
shown, because II does appear that it might
not under certain circumstances be expedi-
emit, provided the person delegated was q
trustworthy agent.
There is nothing to show that John did
not honestly and firmly believe in his broth
er Erwin's integrity whom he advised sign
ing such . paper. Mr.. Root also expressed
the idea that it would be proper for those
said to them at said meeting that he was
going to represent himself and sister, and
It any OF them wanted him to look after
their interests he would do 10 with pleasure.
II John A. Davis was conspiring with. his
brother Erwin, to carry ont the alleged
fraudulent purpose, it is strange circum-
stance that John sat in said meeting and
heard Mr.. Root contradict Erwin both ss
to facts and as to the propriety Of his ad-
vice to the heirs, and yet John offered no
remarks calculated to put Mr.. Root in a
false light, or discredit his statements. IL
1t not unnatural for a man desperate to
Sonspire for the contamination Of such q
hope, bent on achieving the same result, to
calmly and quietly. sit by and hear q Co
conspirator contradicted as to his state
ments, and challenged as to the expediency
of his advicey Especially at the critical mo-
ment when the silent conspirator might e1-
ert strong influence in turning the current
OF action in favor of the common purpose.
II is said that John should have risen up
and contradicted Erwin at said meeting.
The record shows two good reasons Whv