The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1890-04-24
DIDN'T HEAR HIN
Ono Volunteer In the Davis Case Ruled
Out Of The Witness Box.
Andrew J. Davis. Jr.. Gives an Esti-
mate on the Value OF the
Estate Left by His
Uncle.

lnte SuuKe Davtb ufn8n W Wehry fcuesD
along local interest In the outcome daily
grows more intense. When Judge Mchat-
ton took his seat In the district cour this
morning a few minutes after 3 o'clock all
the chairs around the green tables In
front of HIM were filed by the army Of
lawyers who represent the numerous con-
testants. The benches beyond the railing
that separates the ''great un~washed" from
the court and its officers were also
crowded with people anxious to witness
the legal combat.
Mr.. Meier, attorney for Henry Root, had
Mr.. John A. Davis recalled and he cross
examined him at some length upon some
testimony formerly submitted in support
Of Johns application for letters OF
administrator. Nothing g or startling
was adduced I'm this examination. Attor-
neys FOR the applicant, John A. Davis al.
Of this city, owed the First National bank
$4,000. This admission was voluntarily
made during n discussion as to the qualifi-
cation of the applicant to give suitable
bonds in the event Of his appointment to
administer the estate. II. 5. Clark,
court, was sworn so prove the
posting of notices OF the application OF
the several applicants for letters OF adj
ministration. No exception was taken to
this testimony and the notice were found
by the court to be sufficient.
At this point i'm the proceedings Judge
NJ. Hatton saddened the hearts OF the re-
porters by ruling To exclude testimony
that promised to be OF a very sensational
character. Mr.. Meier, att~orneyssfor Root,
arose and addressing the court said:
IF your honor please. | would lik to
leave the court room for a few moments
to consult with a witness who, i have
just learned, is present and has some
very important Testimony TO offer touch
ing John A. Davis application. The wit
ness In n stranger to me and i do not
knowwhat testimony he Is prepared to offer
and i would like time to consult him."
The court allowedMr Meier a few minutes
and that gentleman arose and left the
court followed by his co-counsel, w.
Toole, and lawyer Smith of California,
who yesterday informed The court that he
was not there to represent any particular
side of this question, but was a Seeker
after truth" Mr.. Smith was the myteri-
Toole retired to consult. In n few min
utes the trio returned to court and Mr..
Smith walked promptly in to the witness
stand and raising his hand, said, my
name is John Herbert Smith. "
"whose witness is this asked attorney
Forbis.
There was silence deep rs death for a
few moments as Mr.. Smith stood with his
appraised hand before the Judge.
ave do not call him." said Mr.. Meier.
swell, who does then ?'asked Mr.. Forbis.
''I'm sure he is not testifying in our be-
counsel. Mr.. Meier, and II he testi-
fies al all il must be In your interests"
Judge Woolworth said "If Mr.. Smith
is not called by Mr.. Meier he cannot tes-
tify as he, himself, has filed no objection
TO the application OF our client and there
fore is not competent to he called as a
Witness"
Mr.. Smith: "As n professional man, as
an officer of this court, who is entitled 10
the protection of the court, l desire to
offer some testimony touching this ques-
ton. My testimony will be considered
important by your honor, as II will throw
considerable light upon Mr.. John A.
Davis application. Iama lawyer and
my professional conduct has been ques.
toned. / am in a very peculiar position
and do not desire To have my motives mis-.
construed and for that purpose ! desire to
make a statement to this court"
Mr.. Forbis: "No one has called your
conduct in question here, as you nave
beer i'm no way connected with b case.'
Judge woolworth: 'If you feel you
have done great wrong to anyone
you may make a confession"
The Court: ~ cam allow any outsiders
TO testify i'm this case. Unless this witness
IN u uIbu ~ ttottst ny hAt vi
nected with this case ] will exclude hi.
The foregoing dialogue caused a ripple
of excitement amongst some OF the law
yers, as IL was generally understood tha'
Smith had some startling statements tc
make in connection with some alleged
attempts by some Of the heirs e install
themselves as administrator by fraud
There was q hurried and whispered con
sultation between counsel when g.. w
Stapleton. who represents the Iowa boy
arose and said: "Your honor. i am
an objection in this court to the issuing
of letters of administration to JOIN
A. Davis on the ground OF incom
potency. l nm entitled to call witnessc,
In favor of my own client, n against thu
appointment of any other man. ! an
anxious TO hear this mans testimony, fol
! believe II Will have an important bear
ing upon this case. am now anxious e
ave this conspiracy revealed before thi,
court. / did not know anything abou
this plot until n few moments ago, ant
now I want the light TO he thrown upon il
! ant Mr.. Smith called as my Witness
Mr.. Forbis objected that unless Mr.
Smiths testimony was relevant to tn,
appointment Of John A. Davis, il shoul,
not he admitted. After consideration
Mr.. ~Stapleton came 10 the conclusion tina
the character OF testimony which MI
Smith would offer could not he admissa
BILE, and he said he was very sorry that
was so, for he desired very much To hav'
Mr.. Smiths testimony admitted. Tn
court then adjourned until after dinner
when the contest over the admission O
Smiths testimony was resumed.
Mr.. Smith offered To file, on behalf q
his wife, Elizabeth A. Smith, an objection
TO the appointment OF JOIN A. Davi,
This. II was hoped, would admit Smith
testimony, but the court ruled that tn
time for filing papers in objection To thi
application had gone by. To this rulin
: Mr.. Smith had an exception noted on th
record, and he retired once more fror
I the witness box without being permitte
TO offer his testimony. John A. DavI
was then examined at some length, an
. testified 10 Root summoning him To-
. conference in the McDermott hotel O
the occasion of his first visit TO BUTT
I whilst Judge Davis was lying very il
Witness said Root had requested hir
To recommend that he Root b
appointed administrator with A.
Davis, jr. Witness said heihad replied
1 this suggestion tina his brother, the judg,