The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-06-23
FIRST NATIONAL BANK
It Is the Issue in the Wood
Davis Hearing.
CONSPIRACY is ALLEGED
Tho Plaintiff eek to Have the Decision
Awsriing the Stock to Andrew
J. Davis Set Aside by
the Court.

The taking of testimony in the case
OF Harriet l.. Wood VI. Andrew j. Da-
Wis ct al. was continued before Referee
Is of those connected with the own
ership of the stock of the First Ma
tional bank. which was recently de-
cided by the supreme court to be the
property of Andrew j. Davis. The
plaintiffs seek to have this decision set
aside, alleging conspiracy. The plain
tin In the case is represented by G..
NJ Demond and c. p. brennan. w.
w. Dixon and James w. Forbis were
present for Andrew :. Davis. William
Scallon represented James A. Talbot,
John w. Cotter represented Admins
traitor j. H.. Leyson and T.. l.. HARDWOOD
represented John Il. Davis as admins
traitor for the estate of o A.. Davis.
George MacDougall was on the stand
yesterday morning and a part of yes
terday afternoon. He was the court
stenographer. and testified to the evil
dence submitted in 1890 and i'm 1894 in
the Davis trials in regard to the bank
stock.
j. X. Boyce, jr.. was on the stand
during the afternoon. He said he mad
known the late Judge Davi many
years and had been associated with
him in a business way in connection
with the firm of Sands & Boyce.
Mr.. Boyce said he had two CONVERSE
tom with the defendant. A. j. Davis.
I'm regard to the bank stock ownership.
Mr.. Davis told him hat a lumber of
persons had heard Judge Davis say he
intended to give him the bank stock.
en-. aakAl No. had hnnrl vnAon
Davis say this continued Mr.. Boyce.
and said II l nae heard it 1t would
be of material assistance to him In
setting up his claim. A few days
later he spoke to me o IL again.
I told him l had heard nothing of the
kind"
The witness said hat w. c. Darnold
cid him i'm a that he was
testifying for the nom there was IN
IL. He said he expected to be paid
handsomely for 1t. Darnold had told
him once he was offered his choice of
a trip to go where he pleased before
the trial. He had chosen to go back to
ohio and did so. While in Ohio ne
drew on John Davis for s?5, and ne re-
ceived the money. He was accompan-
ied on the trip by Meyer Genzberger.
who. he told the witness. had been
employed by John Davis. He received
altogether about $500. Mr.. Boyce said
n saw Darnold I'm Butte again in 1886.
two years after the banL trial. He ill
nor know wher Darnold is now. He
had not seen him since 1896.
on cross-eXamination by Judge DIX
or the witness said hat his first con-
yersation with Andy Davis. in the bank
took place directly after the funeral Of
Judge Davis. The second conversation
was a few days after the first. Both
were in 1890. He old Ais con>e rsations
with Darnold To Mr.. Toole before he
made his affidavit on which was based
tie motion for a new trial. On the
evening after Darnold's testimony in
the 1894 trial the witness received a
note from Mr.. Toole in regari to the
matter. The witness said that Ills
knowledge of Darnold's going away
and the money paid him, etc, had
come from Darnold himself. He knew
nothing of these matters except what
Mr.. Darnold told him..
MIR. Boycc was also cross-examined
by Mr.. Harwood. counsel for John T..
Davis. He said that Mr.. Darnold had
worked for him as a bookkeeper and
was a thoroughly competent man. He
was d~issipated, however. He consid-
cred 1t strange that Darnold had gone
away Immediately after the trial, in
asmuch as he was in destitute circum-
The examination at the conclusion
of Mr.. Boyce's examination was ad-
journed until this afternoon.