The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-05-21
DAVIS WILL $.F0RGERY.
Contestants Say 1t Was Written by
James r. Eddy Long
After 1865.
Something OF a Sensation In the
Fight for the Davis
Millions.
Another Continuance Granted and ths
Case Set for Juno 22--Points In
the Affidavit.

BUTTE, May 20.--ISpecial. 1-Anothsr
chapter in the Davis will case was closed
to-day, and the matter is apparently no
nearer an end than it was before. Judge
McHatton's court was jammed with specta-
tors when the case WAS called for trial,
many being called there through the inter
est they felt in the contest, and many more
were there simply ont of curiosity to see
the eminent lawyers who have been en-
ployed as counsel. When the case was
called for hearing Judge Dixon, on the
part OF the proponents, signitied their
readiness to proceed with the trial. E. w.
Toole then moved that Col. Robert G. In
gersoIl, of New York. Senator John
=. Woolson and u. II. Payne,
of Iowa, be admitted to the
bnr through courtesy and enrolled
among the attorneys in the case. On mo-
tion of Dixon Col. Sanders was also added
to the list of attorneys. Thereupon n recess
was taken until two O'Clock. At the after
noon session Mr.. Toole surprised the audi
ence by making a motion for continuance in
behalf of Henry A. Root and other con-
panying the motion states in plain terms
that the will is forgery, and that it was
written by j. r. Eddy, a grandson of Jas.
Davis. The affidavit sets forth that a
number of letters were written by Eddy to
different gentlemen. one of which is in the
possession of the affiant. and that a COM
parison of said letters with the
will, will show they are the
WORK of one and the same
pe,5 5on. In showing the materiality of
these letters, exhibited by copies, affiant
states that he expects to prove by them
that the alleged will was not written at the
time claimed, but long after that date; that
said paper is not the act and deed of A. j.
Davis, but was written subsequent to the
death of Jas. Davis and Job Davis, two of
the parties whose names are affixed thereto
that said paper was written, the body and
signatures forged, after the death Of Job
and James Davis, by JAS. X. Eddy, who
wrote the letters in question; that when
these letters are compared with the will,
in conjunction with other evidence, they
WI show that said Eddy must have written
the will; chat all this will
be proved by the testimony of those famil-
lar with the handwriting of Ed .y. and by
experts in such matters, showing conclu-
sively that the contested will is forgery.
In addition, at1iant sets up that he has
learned by telegram that j. d. Weaver, Jr..
of Des Moines, Iowa. has letters written by
said Eddy to which he signed the name of
jas. Davis, and that Weaver is acquainted
with the handwriting of Eddy, and knows
that he wrote the letters in questions; that
Weaver's testimony is important, and can
only be obtained by the continuance de-
sired. In closing. the affiant claims that
all of these letters are of the greatest i'm
portance, and will aid most materially
in showing to the court ana jury
that tho will was written by Jas.
II. Eddy, and was not written at the time
given, but many years subsequent to the
death of two of the witnesses, and that it is
a forgery.
The affidavit also atflrms that contin-
uance is not asked for delay, but simply to
further the ends of justice. Dixon secured
the attention of the court and said he want
ed to make short statement regarding tbs
motion for continuance, not. however, in
way of argument. After setting forth the
contents of the affidavits supporting the
motion, that by the letters there contained
it was expected to prove the will forgery,
he said the proponents were glad that at
last something had been brought
forward which could be met. During the
progress of the case to date great
many insinuations had been made and in
nuendos had been thrown out regarding
the fact that the will had been forged.
These statements, he said, had been SO in.
definite that nothing could be done with
them but now his party were rejoiced that
something tangible had been brought for
ward that they could Meet. The affiant
had now stated his belief that the will was
forgery and given the person who was ao-
cused of having committed the crime. In
SO doing he had made the most serious
charges that can be brought against an
other and he must be content to accept the
consequences should he fail to prove the
charges made. "On our part We are rs anx-
ions as our friends OF the opposition can
possibly be to have all these matters cleared
up. We would throw no stone i'll the way
of their bringing every possible witness
who oan throw the least light upon this
subject, both now and hereafter. We are
ready to meet them now and will be rs
ready to meet them when all this testimony,
of which 30 iAuch is expected, has been pro-
duced in this court. Feeling thus, we do
not oppose their motion for continuance,
but rather consent to it freely"
A short discussion followed as to the
time that would be necessary to obtain the
evidence wanted, and tho date for the next
assembly WAS fixed for June % next.
CRIME IN THE FLATHEAD.
Three Killings Reported In Two Days