The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1894-11-25
THE LIST GROWING.
Another Claimant for the Millions Of the
Late Judge A. J. Davis, Of
Butte.
CLAIMS SHE MARRIED HIM IN THE 40,
Special to Tho Independent,

Special 10 Tho Independent.
san Francisco. Nov. ga new fout-
ure about 10 be- introduced Ia lhc dis
tribution Of the estate OF tho late A. j.
Davis. Of Montana, viii come from cal.
ifornia. This new development viii
make tho Montana case thu-nost fam
GUS In the history or iurlsprudcncr la
this country. \ Mrs. Smell. living ncpf
Los Angeles. claims TO be- the Legitimate
widow Of the Montana millionaire and
Will. within a few weeks. nic her claims
In The courts Of that state. Shr Will bt
Joined In the contest by her two daugh-
ters, now married women, who assert
that they are the daughters OF Davis
The story told by Mrs Smell IL romantic
In the extreme, and that SHE has not
made her claim sooner liz due to the SIM
sion Of her second husband. who siren
luously opposed the filing Of a claim to
the Davis estate, on the ground that II
would bring unpleasant notoriely upon
his wife ana stepdaughters. Mrs.
SMELLS story is aE follows.
I'm the early 'i0s she was married 10
Al, Davis In the cnst, and, after "A few
years Of harmonious welded life. her
husband left her 10 seek his fortune In
the gold fields Of California. In 1Slg
Davis left his family. consisting OF wife
and two daughters. To come To the new
Eldorado. He went to the mines To-
Gated on the Tuolumne river. and sue
cess followed his prospecting ventures.
For two years he correspondcd regu-
larly with his family and then his let
ters suddenly ceased. Some time after
ward, as so frequently occurred In the
history OF California pioneers. informa-
ton that Davis had died In the mining
camp was sent back east. The wife
tho .ght the information c,r,et. and
Tor year she mourned his loss. About
~ t..n1 she met Smell anc, after A
short period OF time, married him. In
ls55 Smell brought his wife and the two
Davis children TO California and set
tied near Los Angeles. where they have
since lived.
In the fall Of 1856. or the spring Of
1856, Davis, who was still mining on the
Tuolumne, learned that his family was
I'm the state and visited them at their
home. He spent one whole day with
his former wife. and in the evening rode
away on his horse and never saw his
family again.
Mrs. Smell graphically describes the
meeting with her first husband. whom
she supposed dead. When the report OF
Davis death reached his wife and
daughters they decided tD prosecute
their claims 10 the estate. but Smell go
strongly opposed this procedure that II
was abandoned. About year ago Smell
died, and Mrs. Snelrs attorneys with
her consent. decided 10 push tn. claim.
Assisted by detectives, the attorneys
have succeeded In building up what
they consider a strong case.
In a few weeks Mrs. Smells claims
will be presented To the Montana courts
She viii ask for an allowance for her.
self and daughters, and then every ef-
fort VIII be made To prove her claim
10 the entire property on the ground
that Davis died intestate. and she and
her daughters are the only legal heirs
Another claimant TO share Of the
estate comes from California. She IL
Helena Calhoun. the famous actress.
who ls now In Europe She claims 10
be granddaughter of Judge Davis.
Mrs. Smell Is confident she can prove
her wedding To Davis. Her attorneys
cain there are living witnesses 10 the
marriage and their testimony has been
secured. Men who claim To have known
Davis In California In the early days
have made affidavit that Davis told
them of his wife and daughters I'm the
east As Mrs Smell Is well known about
the southern part of the state the out
come OF the case win be looked for with
much interest.