The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-07-02
THE DAVIS WILL CASE
Appeal From the Order Denying
Change of Venue Before the
Supreme Court.
The First Days Proceedings Were
Very Formal and Very
Embarrassing.
Arguments Will Begin To-Day in the Eff
fort to Overturn the Ruling of
Judge Mediation.

The crowd who went to the sur rome
court room yesterday afternoon expecting
an interesting session over the Davis will
contest were very much disappointed in
that respect. The case under considrra-
ton was the appeal from the district court
at Butte denying a change Of venue in the
matter of the contested will. John Is. Clay
berg. Il. Warren Toole, Col. Robert G. In
gersoll and Nathaniel Meyer, Of counsel
for the contestants. were present, and Con
gresham w. W. Dixon, James s. Forbis
and NJ. Kirkpatrick represented John A.
Davis, the principal beneficiary under the
disputed will.
II was a few minutes past two O'Clock
when Mr.. Clayberg opened the proceedings.
He produced a type written volume of 235
pages, which contained a review of the pro-
csedings which had already taken place in
regard to the case. 1t was matter
that nearly everybody. at least all
who read newspapers, were familiar with.
embodying the formal proceedings before
Judge Mediation at Butte, the atlidavits
bearing on the question of securing a fair
trial in the Silver Bow court, and the final
action there denying the change of venue.
The members of the court, Judges Blake,
Harwood and De Witt, listened %attentively
to the reading of the exhaustive document,
as It will save them the trouble and time
otherwise necessary to work up to the pres
ent stage of the case. Mr.. Clayberg per-
rssensd tho arnuous task devolving upon
ssxs w Ms usual precise style, emitting
nothing that would tend to enlighten the
court, but considerably skipping those por-
tions which were merely formal and which
shed no light on the case. He read for two
hours without a rest, when Col. Ingersoll re-
lieved i'm and finished the document. Even
the oratorical efforts of the great agnostic
only temporarily relieved the dull monot-
ony of legal verbiage. The colonel leaned
On the table; laid the big volume of type
written history before him, and by the
motions of his round and u~nornamented
head and the infections of his voice and
the peculiar emphasis which he laid at
times On certain parts of the document,
proceedings. A gentleman who had twice
fallen asleep in his chair during the pro-
seedlings, walked up soon after the colonel
got under way, and paid strict attention
from then on to the end.
The part of the long story which afforded
Col. Ingersoll his best opportunity to dis
play his oratory was the atiidavits Of Horny
A. Root as to the reasons why he thought
he could not get a fair trial in the Silver
Bow court and those of many citi-
Gems Of Butte to the effect that
there was no prejudice in that city. so far
as they had ever learned, either for John A.
Davis or against Henry A. Root. In his
affidavit Root quoted articles from news
papers in Butte, decrying what they dem
onstrated as efforts on the part of Helena
papers to try. the case in their columns: and
at the same time laying down the PROPOSE
ton to the people Of Butte that the great
point at issue was whether the immense
fortune which had been built up in their
midst should remain there or go to New
York. Col. Ingersoll made the best use of
his powers of speech that he knew how on
this part of the document. and even man.
aged to provoke a smile from the judges
and the lawyers as we'll as the spectators.
Still it was pretty dry work, and when at
five O'Clock, after he had been reading an
hour, Col. Ingersoll announced that he was
through, everybody looked g~ratiied and
the court adjourned until this morning.
when the lawyers will argue the case.