The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-07-03
WILL CONCLUDE TO-DAY.
Arguments in the Celebrated Davis
Will Case to Close This
Afternoon.
Col. r. q. Ingersoll VIII Be Heard
Last for the Root
Party.
A Good Balance ON Hand in the State
Treasury-AbOut tho State School
Lands.

The arguments in the Davia will case will
probably close to-day. Congressman-elect
w. w. Dixon, of Butte, will speak this
forenoon. and in the afternoon the famous
orator, Col. Ingersoll. will wind up for the
Root faction. Warren Toole made an
elaborate argument yesterday on the prop
osition for a change of venue for the trial
of the case, from Silver Bow county. He
was followed by ex-Attorney General j. b.
Claybere, who spoke for about fifteen min
utes. This closed the Root side of the case
for the day. Judge Kirkpatrick opened for
the respondents late in the afternoon and
talked until about five O'Clock.
As on the day previous a number OF spec
tators crowded the small supreme court
room and filed tho narrow gallery in the
expectation of hearing the great orator,
Ingersoll. Tho dry legal arguments soon
drove a good many away. During the af-
ternoon it was announced that the colonel
would not speak until to-day, which caused
others to leave the crowded and somewhat
close room, greatly to the relief of those
who were compelled to remain. 10 the
average eye Col. lngersoll is the great at
traction about the case and q good many
believe that when he gets up to speak in the
case a rare oratorical treat is in store. 1t is
quite safe to say they will be disappointed.
for there are nothing but cold propositions
of law to present to the court. Thu colonel
will be seen at his best when it
comes to a trial on the merits
of the case before a jury and the alleged
will is produced in evidence. Then there
will be a score of experts in handwriting
who will be put through the most severe
fire of cross-examination by the lawyers n
terested in establishing that the instrument
is genuine. All that Col. !ngersoll did yes
terday was to sit at one of the tables re-
served for council and take notes on the
arguments of the opposition. Near him
were his associates, Warren Toole, j. b.
Clayberg and Mr.. Meyer. of New York.
The latter gentleman seems to have escaped
the attention of the keen-eyed people who
came to hear the lawyers talk. Mr.. Meyer
sits at one end of the table directly oppo-
site Congressman-Elect Dixon. He has
not taken part in the arguments as yet n
may not do so, yet he is by no means the
least important of the array of legal talent
in the case. In New York he ranks high up
among the noted lawyers of that state. His
position in this case is like that of a gen
eral who plans and directs a campaign.
The arguments attract a good many law
students to the court room who watch every
gesture and note the points made. Some of
these young men are here on their vaca-
tons from eastern colleges and others are
from the law offices in the city.
During the recesses yesterday the judges
and lawyers went out into the cool corrl-
doris away from the stuffy court room. In
gersoll wa' surrounded by a small group
of lawyers. They \ ere arranging the order
in which counsel should speak to-day.
The colonel vas peri city satisfied with any
arrangement. "Anything to please the
Children he said.