The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1890-07-01

was Robert M. Morse, Jr., one of the recog-
nized leaders of the Massachusetts bar.
appointment of Erwin Davis gave brief
history Of the case. Two petitions, he said,
were filed in the court in Montana, one by
John A. Davis, a brother of the deceased,
ana one by Henry A. Root, nephew. OBJ
jections were also filed on both sides, one
tered into a combination with Erwin to de-
preciate the value of the property or to OBJ
tain it for his own personal benefit, or in
some way to prejudice the rights Of the
others. The court appointed John A.. Davis
and he gave bond Of $5,O0O,OOO. An ap-
Meanwhile large share of the property
is in Massachusetts and two petitions are
filed here-one for the appointment of
Erwin Davis and the other in favor of Will
liam Coram, a director in the Butte and
Boston Mining company. which the de.
said Mr.. Morse, ito anticipate any possible
question about the character of the petit
TONER, Davis" By way Of making good
his promise Mr.. Morse called to the stand
gave his friend, Mr.. Davis, clean bill
Of health, eulogized his capacity and skill
and said that he was reputed to be very
rich man. Mr.. Meyers cross. examined Mr..
McCook little, but drew out nothing pref
judicial to the petitioner, though he dis
OAOSOA oOAuc"AdU Lib ALAo VI p1OOcOuLO ny
asking, would you be surprised to hear that
Mr.. Davis had owed his deceased brother
for eight years $4,000, and that the latter
had threatened to sue for payment? Mr..
McCook said he didn't know that Erwin
had deceased brother.
Judge Welles then opened the case for the
opponents of Erwin Davis. If the heirs, he
said. had confidence in Erwin Davis they
would not have objected to his managing
the property, but the fact was they doubted
the wisdom and safety of intrusting it to
him. 1T will appear" continued Judge
Welles, "that Erwin Davis continued before
Andrew died to announce the fact that he
proposed to have the bulk of the estate.
After the funeral the heirs met, and he
there undertook to assume control of their
interests. He did not, however, get power
of attorney at that time from any of them.
Erwin Davis attempted to get John A.
Davis appointed administrator in Montana
"a man who he had repeatedly said was in
competent
Counsel denied that an attempt had been
made in Montana to show that Erwin
Davis was conspirator; the proposition
here was not to show a conspiracy, but to
show that Erwin Davis had plotted and was
plotting to secure control of the estate and
to procure the appointment of an admins
traitor who would be puppet in his hands.
They proposed to show that Erwin Davis
has obtained from his older brothers and
sisters the assignment of one-half their
interest in the estate. They would also
show that he is very large debtor to the
estate. In conclusion, the DIRECTORS do not
care who administered the estate SO long as
they got their fractional shares.
Then Mr.. Myers called Erwin Davis. and
an old and careworn man walked painfully
to the witness stand and seated himself i'll
the chair provided. His bearing was that
sponsibilities.. He answered the questions
which were thrust at him in a low voice,
looking with a piercing eye meanwhile at
the lawyers arrayed before him. Mr.. Davis
said that he thought himself man of sub
stantial pecuniary means. He positively
stated that he had never borrowed half
million from his brother. He had given his
notes for that amount, but could not tell
when; it was, however, within the last two
or three years. The notes were in
renewal OF others. but he could not state
the amount. On these notes credits were
Endorsed by Andrew j. Davis, but the wit
ness could not tell to what extent.
Counsel here read copy of the agree
ment entered into between Erwin Davis and
i've Of the heirs. By the terms of this in
ones share in return for defending and
prosecuting any and all attacks upon the
estate. and was besides authorized to use
$780, 900 in expenses. The document was
drawn up in Butte in April. In answer to
further questions, the witness testified as
and sisters. Andrew, he said, had not par
ticipated in this good work.
Henry A. Root was the most interesting
witness OF the day. Mr.. Root is Il nephew OF
Erwin and Andrew. He practised law in
New York until about three months ago,
when he became citizen of Montana,
chiefly for the purpose, as he said, of quail
fyinQ himself to act as administrator of
his nncle's estate. The essential part of
Mr.. Roots testimony was his account of
1oAvr
self in February last. He said he
visited his uncle at his home on the corner
OF Thirtieth street and Madison avenue
and Erwin said to him: ANDREW can
never recover. I tell you that you and
Ellen and / are the ones who naturally
ought to administer on his estate. We are
ths strongest minds of the family. As far
q what happens among us is concerned.
- will talk about that hereafter. There is
1z000, 600 of it. Diana {the Oldest sister,
don't need ANYTHING except house and
0120oO or $1,000. will give Lizzie Bow
6oin (another sister, house in Springfield
and m0ney enough to live on"
Altar making similar remarks to other
nembers Of the family. Mr.. Davis contln-
"a, according to the witness: in that
nav 10 can get them all. except Smith, of
Califounia Whose wife is niece). Well
have to Law it out Of him.. Erwin also
made the Astounding proposition regarding
John and his son, Andy, that they should
- invited to New York and John be made
= d1unk that he would fall off his chair,
and 61hen 10 could be got to sign any paper
~ witness also said that at this CONVEX
$500 his uncle said: "If there is a will
onA - arc on the outside we will break it. y
II. 2oOt Went ont to Montana and took
rffin ahip thsre because there was no one
hi - pnblic adninistrator TO look after
i fSo kQ1nssa Erwin told him that he would
onneeHh 70 hja being made administra-