The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1890-04-23
THEIR FIGHT STILL ON
Yesterdays Run Of Talk In The Davis
Family Row.
One Solemn Seeker After Truth
and One Hopeful Expectant
VINO Makes the Fig
ures High.

10 lawyers represent IL acknoWieuReu
heirs and two alleged heirs, making alto
the ominous number OF IL. The
number of lawyers sometimes become
confusing In the examination OF witnesses.
This morning an attorney named Smith
OF California, began p~ropounding ques-
tons to a witness, when Judge Mediation
what he represented.
~ represent Mrs. Elizabeth Smith of
California, one of the heirs" said the
attorney.
"On which side of this question are
you?" pursued the Judge.
'Neither'' said The lawyer, ~ am a
seeker after truth"
The examination to-day progressed with
the attempt to prove fraudulent intention
on the part Of John A.. Davis, the petit
toner. 1t became apparent soon however
fraud rested against Erwin Davis, rather
than against job A. Davis. A half dozen
witnesses testified as to remarks made by
Erwin Davis. tending to show fraudulent
intention, but John A. Davis seems To
have beer mainly implicated by the fact
that he is the choice of Erwin Davis, and
heard the remarks made by Erwin.
Charles A. Ladd, a husband OF some
heir or other. was examined this morning
and confirmed the stories OF other wit
nesses as to what took place at the meet
ing of h heirs. Joshua e. Cornue, an
other witness, testified to similar effect.
He seemed OF very sanguinc tempera-
ment, and when asked what he consid-
cred the value Of the estate might be
said he shouldn't be surprised IL II would
mount up to $5O,00O,000 In case the mines
were properly handled.
Argument was had this afternoon on
the matter of excluding all that part OF
the testimony tending to show fraud. II
wal claimed that the fraud had not been
connected with John A. Davis at all and
was of too vague and shadowy a shape to
he worthy of recognition by the court.
Attorney Meier on the other hand Of
fered to show by witnesses that
Davis, in pursuance of the conspiracy had
said to Henry A.. Root and Mrs. Ellen
Cornue that they were the ones who ought
to take charge of the estate; that some
thing must be done for Andy in Butte;
that Diana and The other sisters need
nothing; that he would give Diana n title
to the house she occupied and n few hum
dred n year; that he could accomplish
this without trouble, except in the case of
Smith Of California; and that il he gave
much trouble he would law with him until
he gets sick of il; and that Mr.. Root, after
hearing these statements, went To the
meeting Of the heirs for the express pur-
pose of circumventing them.
Thu sensation of the day was expected
i'm the production OF the kilograms which
have passed between Butte and New York
relative to the Davis estate. Ii was not
until 4:aO o'clock this afternoon that this
point was reached. W. G. Patterson,
manager of the Butte Office of the West
ern MO appeared i'm answer to the sub
poena, and said he had with him the tele-
grams as required by the subpoena, pass
ing between Erwin Davis and A. j. Davis,
jr., from February % to April 3 of this
x,a,r lulua Wnolvorfh nf Omaha an
peared as attorney for the Western union
company, and objected to the fl
ing of these papers. He aid that
the company is frequently intrusted with
confidential communications. II occupies
a position of trust and responsibility, and
trusted To il. The company has issued
orders to its officers To protect the COM
pany and its patrons. IL does not desire
TO be in positive hostility to the court, but
it believes its messages are privileged
communications. After lengthy argu-
ments on either side. Judge Mediation
said the production OF the kilograms
should not he required unless pertinent.
He did not see why the private kilograms
OF Erwin or A. j. Davis should be ventil-
ated i'm court unless connected with the
petition Of John A. Davis. The court or
dered the witnesses To produce
deliver to the court for purposes
of inspection all the kilograms hat he
might Judge of their relevancy. Only
such kilograms would he required in evil
dence as the court might determine have
relevancy. Twenty-nine kilograms were
then handed To the Judge. Court adj.
journed until : O'Clock this evening. Al
this evenings session, Judge Mediation
decided not to admit the kilograms as evi.
dence on the ground OF irrelevancy, being
dispatches solely between A.. J. Davis, jr.,
and Erwin Davis, and in which the petit
| ss,.,Ar hal mo ,,arf Hanry Root vrae
then put on b stand in support OF his
own application to be administrator and
also in objection To the claim OF
John A. Davis. Mr.. Root said he
is a nephew OF the deceased. He
was not intimate with Andrew,
York. Mr.. Root said his residence has
been in Helena, since March q last. n,
had hired desk room i'm Judge Wadc's
office and G proposed for membership
i'm the Montana club. His former resi-
dence for 20 years had been New Yorl
city. He had been intimate with Erwin
Davis since 1875. He had attended Il
nearly all his law business. Mr.. Roo
gave his reason of the meeting of thu
heirs at Somers, Conn, and told about th,
argument he made in answer Il
Iowa he might claim some Of the propert,
i'm Iowa under the laws of that state. Blu
unless he had been legitimated in th,
presence of witnesses he could inheri
nothing In Montana. He had talked will
the Judge about making his will, but ia,
Judge told him il made him hot To hav,
anybody after him To make a will and IA,
intended TO live as long as any OF them
He also said that he didn't know all hi
relatives but intended 10 take trip aroun,
the country and see who wer'
deserving and who were not deserving Ia
wouldn't give a cent to. The Judge Ia,
denied to witness that he ever made a will
leaving everything 20 Erwin. and sal,
that Erwin owed him SJD0,0O. Mr.. Roo
was asked whether he had had n con
versation with John A. Davis relative q
the estate. and replied that John had no
spoken with him since he had been here
TN REORGANIZATION, Mr.. Root wa
asked how long he had been In MontanI
before taking up his residence here, AM
said il was two or three days. He sal,
this was a short time before his incl
died. He did not close mp his law busi