The Madison daily leader. [volume] (Madison, S.D.) 1890-current, 1891-02-24
The Latest Move in the VIII
Case Of Davis, OF
Montana.
The Longest PIRATE Dispatch on
Record Sent Over the Wires
Bit of History.
Terrible Fatality From an Explosion
in Nova Scotia Mine
---ii7 Dead.

HELENA, Mont, Feb. 23.-A most i'm.
portant move In the Davis will con ntest I
was taken to-day. H. A. Root, OF New
York, nephew Of the millionaire, filed "a
motion to be appointed administrator,
and charges Ia his statement that John
| \. DAVIS, the present administrator, has
| entered Into conspiracy with one
| Sconcr, To defraud the other heirs; that
John a. Davis has not qualified as ad-
| mlnlstrator aud that the temporary adj
minlstralor appointed by the court To
act until Davis should qualify Is acting
| under straw bond; that John
| A. Davis on July "a filed forged
| VIII which made himself sole
legatee. The Sman conce Is
the only living witness to the alleged
VIII, and Root claims 10 have positive
| proof OF conspiracy The examination
| of Sconce took place at Bloomfield, ILL.,,
and the interrogations were sent To Ma
thaniel Myers, OF New York. who was to
| prepare oss-interroga tories. Five days
were asked for the filing OF Myers cross
| questions, but were denied and Myers
| last night telegraphed his lntarroga-
tories 10 attorneys and they were fied
to-day. The message contained over
5000 words, the longest private message
on record. The last step is virtually one
10 bring out the conspiracy matter aud
the forgery OF the will, which IL so
claimed by the experts.
The supreme court decided that the
testing OF tbs validity Of a will which
conveys more than Sl0, 900, 600 worth Of
property Is too momentous a question TO
be tried Ia any but the regular way, and
has directed that the Judge OF the dis
FFtg n tarfs. IL
jury through the medium OF Jury
commission and that the names OF the
taesmen be selected from n list OF 300.
Since this decision, which incurs a de-
lay, sensation was sprung In the way
ot the recording Of deed To all right
and title In the vast estate In favor Of
John A. Davis, brother OF the deceased,
and signed by Thomas jefferson Davis,
of Salem, Ia, who Is now recognized as
an illegltlmate son Of the millionaire
He could have substantiated his claim
TO at least one-half OF the big estate, but
he would rather have sioo, 900 now than
10 walt Tor -, 900, 600, so he sold out.
Some Historic Points In the Case.
Davis was bachelor. After his |
death claimants came from every direc- |
tion, and In three weeks after his de- |
mise NO less than score were at Butte |
ready To begin the fight for letters OF ad-
ministration. Finally the search for
viii was abandoned the claimants d.
yided into two factions instead OF
twenty, and the contest narrowed down
to John A. Davis, brother, and Henry /
A. Root, n nephew OF the deceased The /
former had resided at Butte for ten
years aud been intimately connected
with the millionaire in his Butte enter
prises, and represented the west
ern claimants. Root represented
the easteln relatives OF the dead man.
After hearing lasting three weeks the
court decided that the claim OF John A.
Davis to letters OF administration was
best substantiatcd. This decision was
only the beginning Of the litigation, for
the claimants represented by Root i'm
mediately filed aflidavits setting forth
that John "A. Davis was incompetent by
reason OF vicious habits, and such moral
failings as the Davis character had were
paraded again before the public The
supreme court OF Montana affirmed the
decision OF the Butte court aud there the
matter rested for a time. Near the con
elusion OF the Davis-Root contest for the
dminiStratorship profound sensation
was created by the finding of a will, OF
which none OF the contestants had over
dreamed. The document purported TO /
have been drawn at Eldon, Van Buren
'ounty, Iowa, In July, 1896. IL be-
lueathed To Thomas Jefferson Davis a
lie maintenance. To "Pet" Davis and |
her mother, Mrs. Burgetts, life an
nuity. pet" Davis Is alleged to be the |
llegitimatc child OF the dead millionaire |
The will then bequeathed To John A.
Davis all possessions after deducting the
oil the three persons named. |
At the time Of the Wits appearance IL
.reated suspicion in the minds OF the
EASTERN claimants, as It brought into the
the child, Pet Davis, OF ,
ghom the relatives had never heard Z
lheylnstituted search for the girl, aud I
! detective found that Mrs. Burgetts had
u the early 'TOs married A. V. Smith
Ind gone 10 Gainesville, TEX While the
detective was investigating the history
II the Davis girl, David Caryalho, the {
New York expert, pronounced the will a /
orgery. lt bad been witnessed by James {
Davis and job Davis, cousins of the mil
lonaire, aud one j. c. Sconce. When
he Will made its unexpected appearance : !
u the Montana courts the two cousins
lad been dead some years, and Sconce
vas the only living witness to the execu-
ion of the document. I
Attorneys OF Montana have been re- I
aimed by the dozen, and the contest Is v
0 be- prolonged until the amount TO be $
iyided is materially diminished.
Whether the interest drawn 10 such an 7
state will defray the expense OF unend- =
ng litigation Is more than the most eK- !,
ert mathematician can tell. But such | ],
! the history OF will contests over the :
roperty OF dead millIonaires, especially
hose who died la the bliss OF bachelor
Ood ;