The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-11-13
DAVIS WILL CASE AGAIN..
One Of the Factions Thrown Out Of
Court Trying to Get
Back.
claim That They Were Taken by
Surprise and Blame an
Attorney.
The Root People Were Not Present at this
Hearing Before Judge Mediation On
Saturday.

In Judge McHstSon's court on Saturday
last quite q number of unimportsnt OK
parte motions wore disposed Of by oontinu.
anee or otherwise. and the remainder OF tho
session. which lasted until after i've O'Clock.
was occupied In a hearing on one OF tho
many phases Of the Davis will case, says
tho Miner. The case under consideration
was the motion of Harriet J.. Sheffield and
Henry A. Davis 10 be reinstatsd On the cal
endar a. contestants against the probate Of
the will. These plaintiffs fled their suit At
the same time that Henry A. Root and
Maria Cummings did. being represented by
Martin keogh, a New York lawyer. and sub
sequeHtly Attorney Snyder also Of New
FORK became associate counsel. After the
hrst trial Of the will case Ksogh Il Snyder
left the interests OF their clients In
Tho hands of Warren Tools In the sup
position that tho Root contest would
whom another trial was held, alss determine
their case. When tho Root ease was called
for trial about sw2 months ago both the
Root and the A.. J. Davis sides asked for a
continuance. and ~ the same time made 4
joint attack on the Sheffield Davis contest
ants. The point was raised that they were
barred BY default.
Prior to this time Warren Toole had sent
. notice OF his withdrawal from the case 80
far as il concerned the Shefdeld-Dav con-
testhnts. and john w. Cottsr appeared as
counsel for them. When the motion for
default wal made Mr.. Cottss made the best
tight he could. pleading lack Of time
for preparation, and begged for n
continuance, bat failed to get IL. and
the case was thrown oat of court. Imme-
diately thereafter K.o2h d Snyder secured
the services OF W. E. Cullen 4 J. X. Ioole
and George Y. Shelton, of Helena, and q
motion was entered to have the order of
dismissal set aside and the case reinstated.
The motion was supported by afidavits Of
Keoxh and Snyder. and j. W. Cottsr setting
forth the facts In the case. claiming that
they were taken By surprise at being called
10 90 TO trial and attributink the failure to
Warren Toole and not to negligence on
their part. Ihs motion for reinstatemenA
came up on Saturday. The Sheffield side was
represented by W.. E. Cullen and George F.
Shelton, of Helena, aud the John A. Davis
side by Judge Kirkpatrick and John F.
Fotbis. The Root faction was not repre-
sentcd.
Luz opposition to the motion for reinstate-
nent afidavits were rssd from E. Warren
ToOle. J. 4. Clayberg and Henry A. Root.
They wee in reply to the athdavits of
AeORu AklA GuyO6l uSteLVlOkO puUllbAGus
1he moat important Of the sffidavits was
that of Henry A. Root, which attributes all
the trouble TO Erwin Davis. who desiras to
have control of the contest on behalf of the
heirs. but a majority Of she heirs decided
that Root should manage the battle. An
effort was made 80 have Mrs. sheffield and
Henry A. Davis Join with the Root faction.
but they refused and began q separate con-
test.
Root says that during the trial in 1891
Keo2h & Snyder tried to get Roofs stsor-
neys to represents tbs interest Of their
clients, Sheffield and Davis. to which Root
agreed, in so far as the contest should
not conflict with the points raised
by the Root contestants. NJ. Roots aft
davit says he had to beas all the burden
and expense. which cost BLANK $1,000"
and the Sheffield contestants would render
no assistance, and shat Erwin Davis fur
nished money 10 assist John A.. Davis in
opposing the contest.
After the afidavits had been read the az
Ruments were begun by W. Z. Cullen, who
the law and tbs facts in behalf of his clients.
Incident 10 his speech he referred to the
legal ability and standing OF Warren Toole,
and declared Shat 80 great was his influence
that many of his clients believed that in
legal lore and wisdom he WAS greater than
Moses Solomon. the remark causing a broad
grin on the part of those present.
MIR. Cullen also referred to the alleged
fact that John w. Cotter had been recon-
by Judge Mediation to Keosh to
take charge of tho case. He Was inter
rupted by she court, who stated that he had {
not recommended Mr.. Cotter. He said that
he had received a telegram from keogh ,
askinR him TO give the name of a reliable :
,ns n ber of the bar with whom he could ,
communicate. Mr.. Cotter happened to be
present when the telegram was received,
and he had shown it TO him and told him
he could answer it If he desired 10. This
was the extent Of the recommendation, {
The hearing was continued until next
Saturday. ,