The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-02-22
L J.
FOR SC0NCt IO1ANSWER,
Some Very Pointed Interrogatories
to Be Put to the Ar
kansan.
Petitions for the Removal of Ad-
ministrators j. A. Davis and
j. A. Talbot
Failure to Comply With the Law, Incom.
potency, ImDropriety, and Other
Causes are Alleged.

| BUTTE, Feb. N.-[Special. AFTER the ad-
journmeut Of the Davis will case the wit
nesses who were in Butte to support the
will were taken to Bloomfield. Iowa, Last
Monday notice was given by the counsel
for John A. Davis that the testimony of j.
9. Sconce, the alleged witness of the will.
would be taken at Bloomfield. Five DAYS
were allowed for the contestants to file
OBSERVATION-DISCLOSURES. Last Wednesday Mr..
henry A. Root, one of the contestants.
made affidavit setting forth that all facts
ana data with which to prepare the cross-
(lnterroeatories were in the possession of
Mr.. Myers. in New York, and an
application was made for an extension
| of time to procure the cross -intersouatories
after receipt of direct questions by the pro-
Iponents. Judge MoHatton denied this an
pllcation and it became necessary TO tele.
graph the direct questions to New York.
The cross-interrogatories prepared by Mr..
Myers and Col. Ingersoll were telegraped to
Helena on Thursday night. They covered
5000 words. making the longest private
jdispatch ever sent to Helena from
simiIar distance. These interropatories
were to-day filed in the district court in tn is
city by Mr.. Roots attorneys. The cross
interrogatories develop the theory of the
contestants in the case. II is claimed that
the kilograms recently procured by subpoena
on Mr.. Swan, manager of the Western
Union Telegraph company in Helena, show
that sconce was bribed by FL. II. Trimble,
an Iowa lawyer, to testify in favor OF the
will. 1t is said that the most significant
kilograms were sent from Helena BY Erwin
Davis in July last and the answer received.
The first was to Fl. III. Trimble and read:
situation changed; see Arkansas" The
reply was: Arkansas all right"
The neutrality-suspicious. fled to-day
question Sconce relative to his indictments
in Iowa for stealing horses and harness,
and as to his having perjured himself and
As to his having been bribed to come to
Montana to testify in support of ths al
legged will, and as to his admissions to his
neighbo,s and to his brother-in-Iaw that he
had been promised large sum of money to
testify in favor Of the will. The cross-in-
terrogatorIes further question Sconce rela-
tive to admissions claimed by contestants to
have been made by him as to the amount
of money that he was to receive for testify
ing in support of the will. further i'm
portant action on the part of the contest
ants was the filing of the petition of Henry
A. Root for the revocation of the order
made by the supreme court in November
last directing that letters of administration
on the estate be issued to John
A.. Davis upon the filing of q
bond for the sum OF $1,000, 900. |
This motion is made returnable next |
Thursday. The grounds upon which this |
order is sought to be vacated are that John |
A. Davis has not filed bond for 5000, coo,
and has not in any way qualified as such |
and that his time to qualify
has not been extended, and that he is in
default, and the motion is made upon the
further ground that he is not entitled to
letters of administration by reason of the
fact that on the oath day of July, 1880, he
filed for probate will, and petitioned the
court for the revocation OF the letters pre-
viously ordered to issue to him, and also
upon the ground that the will SO offered for
probate is forgery, and that he is an un-
suitable person to be administrator when
he claims the entire estate, as antagonistic
10 the eastern heirs, and also upon the fur
ther ground that he has filed an assignment
10 him Of the interest of one Thomas JEFF
ferson, sometimes called Thomas Jefferson
Davis, OF Van Buren, county, Iowa, who
claims to Re an illeeitimate son of the de-
ceased. and it is claimed by the contest
,nts that the acquisition of this interest is
'uch a transaction as to render him unfit
% bs the general administrator of the es-
ate.
second petition WAS to-day filed by !
Maria Cummings, one of the contestants
II the will i'll connection with Mr., Root, for ,
he removal of Jane A. Talbot, special ad-
upon the ground that his quail {
ications for the Office have never been sub !
ected to the criticisms or examination of
ny of the heirs; that the bond filed by him I
vas insufficient in amount and Inadequate |
n security; that he has never filed an in
entory of the estate; that he ia a witness
n the contest of Andrew j. Davis, Jr.,
gainst the estate to secure the stock of the
'Irst National bank, of Butte, as against
he heirs and upon the further ground that
aid Talbot has deposited aud kept on de- q
osit in the First National bank, of Butte. 9
II the funds belonging to the estate.
to about the sum OF million y
ollars. withou. interest, and also upon the c
round that said Talbot has acted in con- a
ert with John A. Davis, and against the D
ther heirs of the estate, and upon the fur y
ier ground that he has been applied to by Il
lr. Root as representing eastern heirs, for o
to examine the books and papers II
to the estate, which application
. has refused and still refuses =