The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-03-24
THE DAVIS WILL CASE
II Will Open an Engagement in Butte
on June II.
M'HATTONS COURT
The Sheffield Contestants VIII Try
Their Luck This Time he salt
Creek Township Witnesses
VIII Be On Hand.

BUTTE. March 23.-The Davis will con-
test will be tried again in the district
court and the trial will begin on Tuesday,
June II. That was decided upon by the
ATTORNEYS on both sides in Judge McHat-
toms court this afternoon. The case was
called up by Judge Dixon, who represents
the proponents of the will. He called the
courts attention TO the fact that the
Sheffield contestants won their appeal
in the supreme court and that the case
had been sent back for trial, the supreme
court holding that the lower court erred
in dismissing the contest when the con-
testants were not ready for trial. Mr..
Dixon said it was important the case
should be tried as the proceedings in tho
Massachusetts courts we're depending
upon the contest here and he asked that
the case be set for an early trial.
Judge Cullen. representing the Sheffield
heirs. was present and said he had no de-
sire TO delay the trial of the case a mo-
ment longer than was necessary, and did
not object to having the case set for day
certain. However, he asked that the con-
testants be given n reasonable time TO
prepare for trial. He referred TO the long
trial of the Root contest and the fact that
witnesses and dispositions would have to
be served from Salt Creek township in
Iowa and other points beyond the state.
The object, he said, was to have fair
trial and TO doit in n case of such magni-
tude as the Davis will contest which had
attracted the attention of lawyers and
jurists all over the country, a reasonable
time would be required to prepare for IT..
Under the circumstances, Judge Cullen
said, he could not be ready before
the first of July and to set the
case earlier than that would only
necessitate n motion for a con-
tinuance. lie recognized that tho
contest had dragged along for years and
that perhaps IL should have been tried be-
fore. but said that his firm had just re-
Gently come into the case, since which time
they had undertaken to speed the trial as
fast as possible. Tho attorney promised
that the trial of the Sheffield contest
would not take as long as the Root case
did. His clients, he said, were not per-
sons of large means and they had TO make
financial arrangements before they could
go on with tho trial He could not sec
how the Massachusetts case could either
be hindereI or facilitated by the contest
here, for il had to stand on its own merits
or course, no said, If the will were sub
mitted TO probate here that would end tho
VI Ailc OBSERVATION-DISCLOSURES COhIte
but he thought that the settlement of the
estate would be facilitated by not trying
TO crowd the case to trial. Judge Cullen
said he was willing to enter into a stipula
ton not to ask for continuance il tho
case was set for not earlier than July /.
Judge Dixon objected TO setting tn,
trial so far off and Judge Mediation sale
that while the attorneys were considering
their own convenience he thought the con
yenience of the court might also be con
sidered. He said he was not inclined {,
60 into the trial of the case in July. Ill
also assured the attorneys that the tria
would not last as long as the other dis
for he had learned from experience. A
the former trial great deal of time wa
consumed by oilers TO prove, but sine
that time he had established a rule tina
offers TO prove could only be made i
writing, and no longer in open court b6
fore jury. The judge said hc made thi
statement SO that the attorneys cou,
have ample notice of it. In regard to III
Massachusetts, end of the case the coul
said II was not deeply concerned abou
that, and as for the public Importance c
the case the court was not greatly incuu
bered in a contemplation of that phas
of it except IN beng confronted with sue
an array of eminent counsel. The judc
said he had gotten very tired of the Who'll
case and wanted II disposed of. lie the
set the trial for June II. and Judge Guile
said he would do his best to get ready f.
trial by that time and have his Salt Cree
township witnesses on hand. He though
the trial could be concluded in Nv
weeks.
At the former trial the Sheffield hei