The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-03-25
DAVIS IS LOCKED UP
The Nephew of the Dead Millionaire
Arrested on a Bad Charge.
= FRIEND Balls HIM OUT
He and a Companion Are Accused
by a Widow of 80 Summers
of Criminal Assault-All
About Him.
From the Denver News of the 22d

fTOrn the denver news OF the I'd
William Erwin Davis and Isaac Ward
Gardner were arrested at their bach
elor quarters at 1881 Stout street, yester-
day, by Officers Peterson and Dietz on
warrant sworn out by Mrs. May
Delyska, a widow of 80, charging them
with criminal assault. The prisoners
lay in cold cells at the Jail for a few
hours, and were bailed out by Mr.. Will
braham, a kind neighbor living at 1888
Stout street. The widow, who was born
of French parents in denmark, is with
the police NATION.
These surface facts might go with an
ordinary police arrest that happens
every day or so in the year, but under
meath them is a sensation which will
bestir the circles on Madison avenue,
in New York, and even interest the
reading public in Helena and Butte,
Montana.
William Erwin Davis is the son of
Erwin Davis of New York city, who is
worth from $3,000,00J to $4,000, 600
Erwin Davis is a brother of the late
Andrew ]. Davis, who died five or six
years ago in Butte, Mont, leaving an
estate of $40, 000, 900, over which one of
the most famous will contests in the
history of civil Jurisprudence in this
country took place. Edwin Davis offered
a will to be probated. Andrew was a
bachelor 20 years old when he died and
by this will Erwin Davis was to re-
ceive a goodly portion of the estate.
But the heirs-at-law consisting of a
sister, two brothers, and several
nephews and other relatives, were di-
vided into two factions. Henry A. Root.
a nephew of Andrew Davis, was at the
head of one faction and Erwin Davis
at the head of the other Mr.. Root
went into court to protest against the
alleged will being probated on the
Il - r..
Root claimed that Andrew Davis left
no will, and therefore Erwin Davis was
not entitled to the large portion of the
estate which the alleged forged will
gave him.
INGERSOLL WAS HIS COUNSEL.
The case was fought bitterly, and
the most eminent legal talent in Mon
tana was employed on one side or the
other. In addition, Mr.. Root employed
Colonel Bob Ingersoll as counsel. and,
it is said, that the great infidel lawyer
made one of the finest speeches he
ever delivered before the bar when he
made the closing speech before the
jury in this case, after II had been car
ried to the highest court in Montana.
Two or three juries disagreed in the
trials of the case, and both sides made
sensational. charges of bribery. 1t is the
general rumor that Erwin Davis spent
1000. 900 in fighting the case. Finally
a compromise was effected between the
litigants, and several millions of dol
lars, it is said. were turned over to
Mr. Root and his followers. But the
case dragged through the courts for
three or four years, and the court costs
stand as among the highest of the civil
cases in the country.
But after the will case was settled
more trouble soon began to brew. An
drew Davis was an eccentric individual,
a secretive bachelor who said little or
nothing about his history. He STUN
bled into Montana in the early days as
a prospector. He happened to own a
good horse, and good horses were
scarce in that country at that time.
Meeting a prospector in the road one
day, he was asked to swap the horse
for the prospectors claim. The trade
was made and afterwards the prospect
was developed into a mine which was
bonanza.
SO when the old Bachelor Davis died
he left bank stock, mining property
and realty worth $10,000,000 But he had
always been reticent as to his life pre-
vious to coming to Montana. After
Davis death a young man from Iowa,
claiming to be an illegitimate son of
the wealthy bachelor, bobbed up for
his share of the estate. His mother was
a widow at the time she met Davis. a
quarter of a century ago in Iowa. While
the big will contest was being fought,
the young mans case was held in abey-
ance. But no sooner was the will con-
test compromised than his attorneys
pressed his suit. He was opposed by
both factions of the Davis heirs, who
fought him as a common enemy. But
only a few months ago the courts de-
cided that the young mans claim was
valid, and he pulled cool million out
of the old bachelors estate.
naxriG ia found a 1o1 Madison
avenue. New York city. His son, VIII
liam Erwin, who is now in trouble in
Denver, is about 80 years old and men
tally weak. He has been an invalid
from a peculiar nervous trouble for 10
years. He has been growing rapidly
worse in the last year and is under
constant surveillance of nurse or
companion.
Isac Ward Gardner came to Colorado
from Boston IA years ago for his health.
He had not followed any employment
for any great length OF time, ii appears.
He once worked for j. f. Weiner. the
shoe dealer at 1888 Larimer street, and
Mr.. Weiner speaks highly of him as a
conscientious, honest man. Gardner 5
father, now dead, and Erwin Davis
were great friends. Gardner has sis
ter who is Erwin Davis private secre-
tary in New York. Last June Erwin
Davis made arrangements for Ward
Garuner 10 act "a lie1N tiihS Soihl'''iii'
for his invalid son. The son was sent
in charge of a relative 10 Chicago. and
Gardner went there and brought him q
Denver. They made one or two noun
tain trips and then came 10 Denver Tor
the winter. They rented the four rooms
on the upper floor Of Or. Coleman 5
house at 313l Stout street, while a
family, which moved out yesterday
rented the lower floor. Gardner and
Davis have been patching II at this
house for two months. on Friday last
they engaged Mrs. Delyska as house
keeper. it being agreed that she should
be Paid S. per week. Yesterday morn
ing Mrs Delyska Informed ottlecrs
Dietz and Peterson that she had beeH
treated in a brutal manner by ner en-
ployers The officers. after some IN
vestigation. advised her 20 swear ou'
a warrant. and the woman got out tbs