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

3erI00 70 00lo estate, II there 10 any Cd
tats;" while Henry A. Root, the appellant,
Cummings, business man, and Mrs,
Elizabeth s. Ladd, niece Of deceased, who
were called 40 witnesses against John A.
Davis, and related the remarks Of Erwin
Davis at said meeting, do not report him Al
making such remark.
Mr.. Cummings testifes that Erwin, in the
course OF his remarks at said meeting, said
eff there was any estate for 10 it would be
obtained after great deal Of litigation
In the same connection, according to this
witness, Erwin spoke Of the supposed lille
climate child and said there would be
either eleven heirs or one, and that in an
emergency some psrso n q should s, !, BE- given
came up.
After Erwin Davis finished his remarks
appellant Root made some remarks to those
assembled in which he, in effect, contra
dlcted or modified the statements made by
Erwin and advised the heirs not to sign any
Rested by Erwin. at least until they had ad-
vised with council. This appears to have
ended the meeting.
Il il shown that after said meeting Erwin
and John A. still advised their sisters to
sign tho paper authorizing Erwin to repre-
sent them concerning their interests in
Montana. but in what respect and to what
Il is intimated by appellants counsel that
said paper may have been document OF
different purport from that represented by
Erwin. That document, however, does not
appear in evidence, nor does any witness
it appear that Erwin souRht to conceal ita
contents. No evidence is found in the
record to show that there was anything in
said paper contrary to what Erwin repre-
sented, nor that Mr.. Root, a lawyer present
and disputing the prof. riety Of the heirs
signing It, could not have freely examined
its contents il he desired.
After the conversation between Mrs.
Cornue and respondent had been related by
her and the incidents Of said meeting at
the Massasoit house had been narrated by
many witnesses on the part of appellant,
John A. Davis was recalled for further
and testified to the following effects: That
prior to the said meeting at the Massasoit
house he had not seem his brother Erwin
but oncA during . period OF more than
thirty years, and that the one occasion was
ten years ago, when they met and were to-
gether about two hours; that before reach
ing the Massasoit ON the occasion mem
ton he had no communication whatever
with his brother Erwin; that he did not
know what correspondence passed between
has son Andrew and his brother Erwin; he
related the incidents Of meeting his brother
Erwin and his aged sisters when he arrived
his deceased brothers. body, and narrated
what little conversation he had with Erwin
prior to the funeral and on his return
therefrom, up to the time of said meeting
Of the heirs, which meeting occurred after
dinner on the day of the funeral; he posi-
setion with Erwin, and denies that he en-
tered into. or thought Of entering into, any
combination with Erwin.
After the aforementioned testimony was
introduced on the part Of appellant, his
counsel offered to prove BY him the follow
ing facts in opposition to John A. DAVIS for
letters Of administration on said estate, to
Wit: THAT shortly prior to the visit Of Nj.
Root to Montana, In the early part Of March
this year. his uncle, Erwin, stated to him that
there WAS no doubt his brother Andrew
would shortly die; that Andrew could not
live much longer; that his estate would
have to be taken charge Of and admins
troll the administration were himself (Er-
why, MI, Boot and Mrs. Cornue; that they
could select some one to take charge Of it;
that there were very few Of the heirs Who
needed anything; that there was NO reason
why many Of them should receive ANYTHING:
that the interests Of most Of them could be
acquired, IL he. Erwin, controlled the ad-
ministration for very little; that the pos
session OF money would be an injury to
most OF them; that If he could get control
OF the administration he could do pretty
much what he pleased toward acquiring the
interests Of the others; that something Of
1 Satts would have to be done for Andy in
nephew Of deceased;l that he, Henry A.
Root. should have all he was entitled TO:
that brother John would have to have ia,
share: that the only one Of the others that
could give him. Erwin, amy trouble would
be smith, OF California. and that il he re-
sisted he would Law with him until he GOT
sick of it; that il there was will that thew
wanted TO have stand. they could have Il
stand, If they were on the inside; thst II
there was will that they did not want to
have stand they could overthrow IL IL they
were ON the outside; that it would be neccs-
get charge OF the estate, and
put it into the hands Of some one repre-.
Benting them; that ~ for Diana, he could
get her, il he had control Of the admins
trati0n, to accept deed to the house she
and few hundred dollars year;
and that the house was not worth over one
thousand dollars"
This proferrsd evidence was reiectsd bv
The court upon objection ON the part Of
~ being incompetent and inn
TO which ruling appellant ex-
nepted and the ssme 10 assigned a. error.
Al tno eame time appellant further offered
10 prove that ON the conclusion Of cha
meeting at the 4assasOit house. Erwin
Davis eaid TO Mr.. Cornne what q tho maf-
tet with Henry (meaning Henry A. Root.
Thought he understood the arranoement
between NJ; he was to be in; that speech 81
his has cost me some millions"
IN making this offer appellant by oouneel
o6sr to provo that he made theee re-
marks last mentioned to NJ. Cornue, md
separately to Mira. Cornue, but I have no
night to Say and do mot say, that e "a
within the hsarina OF John A. Davis.''
Upon objection by respondent's oouneel
@ the introduction Of that testimony On |
he ground that II vas incompetent md inn
material, the court xefused 70 allow a.
lame to be proved, 70 which action auneI- |
ant exoepeed and assigns the Same q error.
4r. CoRnue testified 70 this came matfer.
3n his examination - witness On tha nart
= appellant, IN which testimony IS ~.
'the conversation IN tbs hail hckveen Rr.
nm and ma just refexred to by -. vaa
Iumswhat Of vhispeEsd coovefuatloa -
EWeon Erwin and nj" -
On molten that part a Mr.. C,rnna,.
'setimony vheesin b related aid oonvar.
'ation Uas stE5okea out b. tho court. vhiGA |
.etaoe q tAe coaTt = exesptsd . and : =
= niaasI = ~ We. Us,e. -