The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1890-07-16
The Appeal Of Claimant Henry A.
Root Heard Before the SUI
prems Court Yesterday.
He Wants to be Appointed Ad-
mlnistrator In Place Of
John A. Davis.
Other Proceedings In the Supreme and
District Courts-Cullings From
the Court House.

The now famous Davis will case OF Butte
came up in the supreme court yesterday
under the title: In the matter of the es-
tate Of Andrew j. Davis, deceased. Henry
A. Root, appellant; John A. Davis, respon-
dent. The result of the trial in Butte was
the appointment of John A. Davis as ad-
ministrator of the estate. The appeal to
the supreme court is brought by Henry A.
Root, to have the appointment Of John A.
Davis set aside and himself appointed adj
ministrator of the estate. In tho hearing
before fun bench of judges yesterday the
case of the appellant was presented by Ma
thaniel Myers, of New York, counsel for
Mr.. Root. Mr.. Myers came direct from
London to argue the case, and will start for
Europe to-day. He is one of the best
known New York lawyers, and in the con-
duct of the case yesterday he showed a
thorough knowledge of all points. He
spoke for five hours, covering the various
arguments in the brief. Among those pres
emit in the court room were John Forbis, of
Butte, and Colonel Woolworth, of Omaha,
counsel for the respondent, John A. Davis.
The respondent employed the services of
Attorney c. p. Connolly to secure a steno-
graphic report Of Mr.; a Myers argument mt:
respondent will be argued on July Is. The
grounds on which the appeal is taken are,
improvidence of the appointee. his drum
kenness, his want Of integrity and errors in
the exclusion of evidence offered in the dis
trict court of Silver Bow county: These
points are detailed in the brief of AZ pages.
Il is alleged that John A. Davis is 81 years
old and is absolutely without MEANS that
he abandoned his wife and children in Be-
lott, Wisconsin in 1886, and that he has not
~ g. -1~s- hal hos
rowed $4,000 of his brother in Butte to go
into business, no part of which has been
paid, and that he did not even pay his
board bills at the McDermott house in
Butte. The brief says that man cannot
be considered provident Who fails through
lengthy life to lay aside something for
that period when from old age he will be
unable to earn support.
In support of the argument that John A.
DAVIS should be displaced as administrator
because of his drunkenness. the brief re-
cites the testimony Of several witnesses to
drunk and that he had the habit of fire.
quently indulging IN liquor. One of them
testified that Davis was generally pretty
we'll soaked" In supporting the third
point which is the lack of integrity, the
brief goes over many Incidents in the career
Of Mr.. Davis, among other things claiming
that he periured himself before the court in
Butte, and quoting statements to show that
he had conspired to defeat certain heirs
out o I their share of the estate. The last
point is on the exclusion Of certain evidence
previously offered
It will be several weeks before the supreme
court will hand down decision. Mr.. Root
said last evening that this decision would
virtually settle the whole contest.
Besides the above case the following bust
ness was transacted yesterday in thu
supreme court:
In the matter Of the application for tn.
disbarment of F. T. Mcbride and Georg.
Haldorn yesterdays minutes were amended
to read as follows: That the defendants
voluntarily appeared and waived service O
citation agreeing to file answer by July II
at 10 q. ~.
Northern Pacific railroad vs.. Bullard
continued for term by agreement.
Fisher VI. Briscoe, by consent of counse
uedered fled and docketed: appellants K
file briefs not lSter than July 49,
Howard e. Thompson, of White Sulphur
Springs, was admitted to practice OF
motion Of F. r. Sterling.
Nicholas Frederick vs. Minneapolis Min
ing and Smelling company and the Still
water Mining company; ]. A. Savage
counsel for plaintiff, files motion to hav
cause docketec and dismissed.