The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-12-11
HELMS QUEER WAYS
Many Witnesses in the Will Case
Give Testimony as to Sanity.
HE DISTRUSTED HIS WIFE
In the Dead of Night He Aroused
a Man to Draw Up a Will
The Case Is Not Con-
cluded.


Hatton's court yesterday morning
Herman H. Helms did in this cit,
about two months ago and left ar
estate valued between $4,000 and
$4,000. which he disposed by a win
dated July 10 last. BY the terms ol
the win, Mary Helms, the surviving
wife. aged 40; Pearl. a daughter, aged
IA; Meta Richter. a widowed sister OF
the deceased. aged IS; and a brother
and sister living in Hamburg. Ger
many, were named as benefciaries.
Thomas Macarthur was named as exc
cutor and filed the will for probate.
Mrs. Helms was given the smallest
portion of the estate, by the terms of
the will, and she retained Howell &
Harvey and instituted a contest on
the ground that her husband was not
of sound mind at the time he signed
| the will, and that he was under the
| undue influence of his sister. Mrs.
Richter, who Influenced him to make
his will favorable to her and against
his wife.
| The jury drawn dn the case was com
posed of Peter A Smith, James Brown,
s. Barker. A. BaIlmforth, George w.
| Farlin, A. w. Barnard, Charles Skog-
land, ]. ]. Hart, F. H. Symons, Sam
uel Binder. william Richardson and
| Ed Matthews.
Attorneys M. L. Wines and James
| w. Forbis appeared for the executor
and Mrs. Richter.
In his statement to the Jury Mr..
Howell said It would be shown that
about a year and a half before his
death a change came over Helmes and
without a shadow of reason believed
that his wife was unchaste and I'M
faithful to him, and talked constantly
about II and told his troubles to every
one he met and ane said he would cut
her or In the win with just as little
as the law permitted. Prior to this
change In his character he thought
much of his wife and often spoke of
her as a good and helpful wife. Be
fore his last win was made he had
executed two or three others in which
he had cut his wife off with a meager
portion of the estate. For some time
prior to his last illness he was not
even on friendly terms with his sister,
but as soon as his illness become seri-
Gus and he was removed to the hospit-
al where an operation was performed
on him, Mrs. Richter began to visit
him and ingratiate herself in his favor
and in every way and on every oppor-
tundtl tried to foresta4l Mrs. Helms in
her attentions to the sick man.
Thomas Macarthur, the executor
named in the will, was the first witness
and testified that Helms died on Sept.
80. The different parcels of property
were enumerated and their values es-
timated by the witness.
John Bowler, one of the witnesses
to the will, testified that on the tenth |
of last July he was called into Mr. |
Helms room and asked to sign the |
paper, which was also signed at the |
same time by James w. Torbis |
and Mr.. Helms The witness said he |
though Helms mind was all right at |
l,.ot
him he was glad the will question was |
off his mind. On cross-examination |
Bowler said he acted as nurse for |
Helms and waited on him for 80 days |
During all that time the witness did /
not consider him all right mentally. /
He would talk about his wife in a
way that led the witness to believe
that he was not all right. Some times
for half and hour or so he was a little /
of.
HE certainly did not seem to be sane
on that subject" said the witness. He
wouldn't have talked that way IL he
had been sound. He said his wife was
untrue to him and that he had hired
men to watch her and had watched her |
himself but he could never catch her.
He said he had no evidence against her
but knew she was untrue to him.
ne talked about 1t ne got
very much excited"
During the last six weeks of hds
sickness Helms suffered so much pair
that the doctor gave him morphine
twice a day, and sometimes the NOR
phine affected his mind.
James w. Forbis, who drew the will
and was one of the witnesses to II.
testified to those facts. On July TO- .
when the will was drawn, he was In I
bed, and was just recovering from
serious operation performed at MUIR
avs hnCnifa1 a ha /
o his bed since about the first of June.
hr. Forbis had drawn a will for Helms
before the last one but Helms said
he desired to change II so as to pro-
fde for an aged and destitute sister in
and a brother who had met .
Win an accident and was also In
destitute condition. He also said he
wanted to provide for his sister, Mrs.
tichter, who had been very kind to | =
I'm and did for him what no one else
would do. Mr.. Forbis said Helms {
mind was at that time perfectly clear
nd was never in better condition
uring the ten years the witness had Z
nown him. He enumerated all his Z
roperty by lots and blocks and die :
ated the disposition he desired to Z
make or II. On cross-examination Mr. | &
'orbis said Helms seemed to have :
ONE grievance against mis- wife and :
spoke to him about II, but &
IA hOt Sccl1 10 De on MS nina al the
me he made his Wills. There was no |
Inference in the two wills as to the
mount OF property wiiled to his wife. | 3
he first win was made in June of this
ear. just before the doctors performed
n operation on him.
The will was introduced I'M evidence :
nd read to the jury by Mr.. Wines.
DR.. L. E. Holmes was the first wit ;
ess Tor the contestant. He testified =
hat he had doctored the Helms fam
v for several years. He had a De
lliar way OF coming TO the office" z
lid the doctor. He would pass ran q
lly up the opposite side OF the street
nd then rapidly back again and then =
: would come into the Office. Before .
elms' sickness / had treated his wife
e was In the Office on her account
ten. He believed his wife was dis =
lsed from association with other men. q
e came in often and told storeis in 9
gard 20 his wife. Helms told me =
bout seeing two men talking on the | :
rner OF the street They said There 4