Daily Yellowstone journal. [volume] (Miles City, Mont.) 1882-1893, 1891-08-01
THE DAVIS MILLIONS.
Formal Opening of the Great
Fight Over a Dead Mans
Money at Butte.
Col. Ingersoll Quite as Skeptical
About the Will as Some
Other s.atters.
THE DAVIS WILL CASE
Bob lIngersou Makes Some Strong Points
Against the VIII

I
Against the WIN.
BUTTE, July 29.-It has been an in
teresting day In the Davis will trial.
Early IN the morning Col. X. G.. In
gersoll resumed his opening presents-
tion OF the case. He resumed the op-
Grafton of tearing the will 20 pieces.
He refa; red to the sentence In which
the will leaves annuities to Thos. jeff
ersOn Davis, Pet Davis and Miss Bur-
gett, "all Di Van Buren county," and
said the defendants would clearly show
that none Of these parties lived in Van
Buren county at the time or had ever
lived there Miss Burgett married =
man named Smith eleven years before
that time and removed to Texas In
1855 with Pet Davis and her husband.
A. J. Davis, Of course, knew this, but
the ignorant ass who wrote the will
did not know IL. T. !. DaviE was not
in Van Buren county until 1875. At
the date Of the VIII. the father OF A. J.
Davis together with brothers, sister,
and niecss were all living, yet be.
according to his will, lett all his mon
ey TO John A. Davis. His father was
an old man, yet nothing was left for
him. "Ifyou find this will genuine" I"
continued Ingersoll, I'VE will show
that In 1879 or 1850 Mr. Davis went to
Mr.. knight. at Helena, 10 drawa will
for him. The will was prepared, aud
when they came TO the part which
stated that all former wills are hereby
revoked. Mr. Davis said that was un-
necessary. ss no her will hsd been
made for him. Mr.. knight assured
him that this was the customary thing
and so that clause was left. This viii
was not thrown into an abandoned
closet for Mr.. Eidy 10 fad, but was
placed In . vault Of the First National
bank. Three years Af,erward this will
was destroyed. But the court will in
struct you that the destruction Of a
second will does not revive a first one.
tour case. gentleman, Is tha. the will
is an inpudent fraud; tha: A. J. Davis
made another will; that he destroyed
10, and that he died intestate. / be-
lieve we are sssursd Of an honest veT-
dict, for there IL no local envy or pref
udice that can mark the judgment of
an honest man. There Is no desire to
ruin the reputation or the character OF
any man, even II he be n rascal. But
II a rascal stands In the r0ad Of Justice,
le: him be trAmpled in the dust"
All the remainder Of the day was
occupied In the examination Of ]. c.
sconce. the only living witness Of the
win. The direct examination was
concluded by IL O'CLOCK this morning.
but the eross-examination had not
been completed when the court adj
jourBed tonight. The crOss-exami-
nation was skillfully conducted by At
tOrney Nathan Myers, Of New York
The witness did not contradict him
felf, but he was shown to have a very
peculiar memory. He remembered
distinctly all about the signing OF the
will. He knew who were present. In
what order IL was signed, where each
Of the witnesses stood or sat. who II
was that dipped the pen In the ink
what kind of an iDkstGnd and pen
holder was used. and that no blottel
was used. He remembered what b,
was doing that day that he was usinl
a crosscut instead Of q ripsaw, wher'
he laid the saw when A. J. Davis AK
ed him to go In the house and sigr
the will, and he remembered that th'
saw remained just where he left 1
when he returned TO work. Yet hI
could not remember what II was tina
j. Davis brought suit against hin
for a year or two before that time. HI
remembered distinctly that the vii
was signed In July, 1896, but he coulC
not remember whst month 1t wa
since last Fsbruary that he met q GER
tain person In Bloomfield, Ia. SconcI
admitted that he had made contrac
with Judge Trinlble to come to Mon
tana and testify In the case for Ss pei
day and expenses and 81 900 extra In
case the suit wis won. 5conce becams
dissatisfied with this agreement and
the contract was burned last February
and a new verbal contract was made
by which be was to receive S. per dag
and all expenses, whether the case wal
won or lost. An attempt was made e
prove by the witness that he had sign
ed a deposition Ia which he said hs
did not see James A. Davis sign tbs
J viii. Objection was made to.this and