The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-07-30
Set Forth by Col. Ingersoll in Open
ing for the Davis Con-
testants.
Only Living Alleged Witness to the
Will Put on tho
Stand.
Re EN- bers Well That Day In uly, 1896
Recent Events Not So Wildly
In Mind.

BUTTE, July 29.- Special. 1t has been
an interesting day in the Davis will trial.
Early in the morning Col. Il. q. Ingersoll
resumed his opening presentation OF the
case. He resumed the operation of tearing
the will to pieces. He referred TO the SEN
tence in which tho will leaves annuities to
Thos. Jefferson Davis, Pet Davis and Miss
Burgett, "all of Van Buren, county," and
said the defendants would clearly show
that none of these parties lived in Van Bu-
rem county at that time or had ever lived
there Miss Burgett married a man named
moved to Texas in 1858 with Pet Davis and
her husband. A. j. Davis. of course, knew
this, but the ignorant ass who wrote the
will did not know it, r. j. Davis was not
in Van Buren, county until 1875. At the
date of the will, the father of A.J. Davis,
topether with brothers, sisters and nieces,
were all living, yet he, according
to his will, left all his money
to John A. Davis. His father
was an old man, yet nothing was left for
him. eff you find this will genuine" con-
tinued Ingersoll, I'VE will show that in 1879
or 1880 Mr.. Davis went to Mr.. Knight, at
Helena to draw will for him. The will
was prepared, and when they came to the
part which stated that all former Wills are
hereby revoked. Mr.. Davis said that was
unnecessary, as no other will had been
made for him. Mr.. Knight assured him
that this was the customary thing, and SO
that clause was left. This will was not
thrown into an abandoned closet for MIR.
Eddy to find, but was placed in the vault of
the First National bank. Three years af-
terward this will was destroyed. But the
court will instruct you that the destruction
of second will does not revive a first
one. Our case, gentleman, is that
the will is an impudent fraud;
that A. j. Davis made another will; that he
destroyed it, and that he died intestate. ]
believe We are assured of an honest verdict,
for there is no local envy or prejudice that
can mark the Judgment of an honest man.
There is no desire to ruin the reputation OF
the character of any man, even if he be O
rascal. But if rascal stands in the road
of JUSTICE let him be trampled in the dust. =
All the remainder of the day was occu-
pied in the examination of j. G. Sconce,
tho only living witness of the will. The
direct examination was concluded by II
o'clock this morning. but the cross-examin-
alton had not been completed when the
court adjourned tonight. The cross-ex
ination was skillfully conducted by Attor-
ney Nathan Myers. of New York. The
witness did not contradict himself but he was
shown to have worry peculiar memory. He
remembered distinctly all about the signing
of the will. He remembered who were
present, in what order it was signed, whe:e
each of the witnesses stood or sat, who il
was that dipped the pen in the ink what
kind of an inkstand and pen holder were
used. aud that no blotter was used. He re-
membered what he was doing that day; that
he was using a crosscut instead of a ripsaw
where he laid the saw when A. j. Davis
WILL and he remembered that the saw re.
mained Just where he left it when he re-.
turned to work. Yet he could not remem-
ber what it was that A. j. Davis brought Il
suit against him for year or two before
that time. He remembered distinctly that
the will was signed IN July, 1866,
but he could not remember
what month it was since last
February thnt he met certain person in
Bloomfield. la. Sconce admitted that he
had made contract with Judge Trimble to
come to Montana and testify in the case for
So per day and expenses and 81 600 extra in
case the suit was won. Sconce became dis
satisfied with this agreement and the con-
tract was burned last February and a new
verbal contract was made by which he was
to receive $5 per day and all expenses,
whether the case was won or lost. An at
tempt was made to prove by the witness
that he had signed a deposition in which he
said he did not see James A. Davis sign the
will. Objection was made to this and the
objection was sustained. Sconce will prob
ably be on the stand all day tomorrow.