The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-07-10
Decision in the Davis Change of
Venue Case in a Week
or So.
Col. Ingoreoll Winds Up the Ar
guments for tho Root
Party.
About Young Thomas Jefferson
Davis, the Iowa Boy.

w kAVo W LII NlJ coAoA "~ sAAo
case involved many important points.
This announcement was mado in response
TO a request made by Congressman Dixon
for an early decision in the interest of all
parties concerned. The court suggested
that the attorneys on both sides ask Judge
Mediation to postpone the trial of the case
concerning the alleged will until July %.
The lawyers said they would telegraph the
judge at Butte. All arguments before the
supreme court are now closed in the Davis
will contest for the present.
Col. Ingersoll spoke for about two hours
yesterday forenoon. During the course OF
his argument lie made the prediction that
if the alleged will were proved to be q for
gerry that young Thomas Jefferson Davis
would como into the fight over the dead
mans millions md claim his rights MS
against the other heirs notwithstanding his
agreement with John A. Davis. whereby he
relinquished all claims to the estate to the
latter. A review of the meeting of the
heirs at the Massassoit house at Springfield,
Mass. wns also made. The contestants
claim that John A. Davis and Erwin Davis
had a scheme by means of which four sis
tiers should be deprived of their interests
in the estate, and that there was a conspir-
Rcy of this character. One of the accounts
given of this interview il related by Miss
Ellen Cornue, of Carmel, Putnam county,
New York, n niece of the dead millionaire.
She told how Davis came into the
room and talked about the estate in the
presence of John A.. Davis. "He said that
it was perfectly proper now to talk over
Uncle Andrews affairs, we had paid the
last tribute of respect to his brother. and it
was perfectly proper to talk about
L.. T...- AL.cO rap n In
said he hoped there was q will.
There was n will with codicils made several
years ago, and it ia to be hoped there is a
will; if there is a will the estate can be set
tied within five years; yet he said at the end
of hvs years there might not be a dollar for
ten years, and ut the end of ten years the
property would not be worth a dollar for
any of us, as there would be great lltlga-
ton; as there were many debts and things
to settle, and it was reported that there was
an illeGitimate child, and if there was this
child would claim the whole. He said it
was necessary, however, for some one to
look after tho estate ut once, and he pre-
sumed we all would say he was the proper
person to go; he said he was willing to
go to Montana, but he said it WAS necessary
to have power to act for them; it would be
necessary for them to sign a pnper giving
linn power to act in all emergencies, and he
turn ed when he spoke of them to uncle
John and said, John, you have lived i'll
Montann, you know the laws of Montana;
am l right about the time? Uncle John
said yes, il takes about five to ten years to
settle an estate in Montana. And he turned
to Diana ana said. What do you say2 and
she said that is all right. She was quite
excited and did not know what she did say
really, and then my brother said if nobody
else had eny remarks to make he had some
remarks to make"
Herbert p. Cummings, a nephew Of An
drew j. Davis, gives his account of the
meeting rs follows: AFTER we had all been
seated, Uncle Erwin commenced the meet
ing by saying that we had paid the last
tribute of resrect to our Uncle Andrew, and
it now became necessary to talk of his af-
fairs-he said that his estate needed look
ing after at once, and that some one should
be given power and authority, and from all
present. and this person should go to Mon
tana. He said that he intended to 20
there, and he presumed that all present
would think he was u suitable person to
represent the others. He went on to state
about the time it would take to scttlS an
estate in Montana. He said if there was a
will it would take five years.. and IT no will,
from five to tew years, and If there was any
estate for us, it could only be OBJ
tanned after II good deal of litigation; he
spoke of the difficulty of settling an estate
in a new territory. and after speaking OF
that he turned to uncle John and asked him
if he was not right; uncle John said he was;
it would take from five to ten years to settle
the estate. He spoke further about the sup
posed iileoitimate child; said in regard to
that, there will be either eleven heirs or
one; and that in the emergency some one
should be given authority to act in regard
to him if anything came up After he had
finished or nearly finished, he turned to
aunt Diana, asking her what she thought,
or what she would do, and she said, 1T Is
all right as he had proposed, and after a
little ~pause-no ons having said
anything-cousin Harry Root spoke, and
said If no one else had anything to say, he
had, he said, in the first place there is nc
two or three men In Butte had told him 30,
Gov. Hauser and Mr.. Dixon, l think, and
Judge Knowles; also he said, He has told
my sister Ellen there was no will, and has
told Mi. Cornue'-The property he said was
worth 5000, 600, because he had been told
80 by the same individuals; he also advised
all of those present not to sign uny paper
whatever without consulting good counsel
or Il lawyer; he spoke of Judge Knowlton,
of Springfield, and only him, and advised
us all to consult some lawyer of our own
AS for himself and his sister Ellen, he
should not sign any papers,"
Col. InGersoll said that John A.. Davis
had misrepresented the condition OF the
estate and that there were a great many
out gloves by the eloquent colonel, whc
sought to impress the court with that gen
tlenan's unworthiness for The position Of
administrator of the estate. Referring to
the alleged will, Ingersoll said he was pre-
pared to prove that it was a forgery unt
wonld prove ii. As he said this he looked
ut Congressman Dixon, who quietly smiled
at the assertion. The agreement between
John A. Davis and Thomas j. Davis, thu