The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-07-09
BUTTE News.
has CLOSED ITS CASE
The Compartments Last Witness
in the Bank Stock Suit.
SAW DARNOLD AND DAVIS
Lee Boyoe Said They Were OFTEN To-
gether-Defense vii Begin wednes-
day-warren Toole VIII
Testify.

The complainant in the Davis bank
stock case yesterday presented one more
witness and then closed its case. The
witness was Lee Boyce. He said he
saw w. c. Darnold. i'm regard to whose
testimony much of the alleged fraud is
claimed. and A. J. Davis, jr., together
in 1894 and also a number of times in
1896. He saw Darnold and Davis go
into she First National bank together.
but did not see them come out. He
saw them together a number Of times
h year talking and walking together
on the street. He remembered seeing
them talking once at the corner of Main
and Granite streets. but could not re-
member the other places he had seen
them. He did not know how long they
stayed in the bank on the occasion
when he saw them going i'm there. He
did not wait until they came out.
Mr.. Boyce was cross-examined by
Judge Dixon.
do you know ]. r. Boyce, jr., who
testified here in this case?"
II do"
lis he a relative Of yours"
He is my brother"
"what time in 1894 did you see Da-
Wis and Darnold together"
Il don't know the particular time"
What time in 1896 did you see them
together"
1T was in the spring Of 1896 that i
saw them go into the bank together
When was it you saw them at the
corner of Main and Granite Streets"
1T was about the same time or a lit
tie later"
"Did you have particular reason TO
notice them together
yes"
What was that reason"
Il met my brother one day and he
said to me that l was around town a
good deal and he wished l would keep
my eye on Darnold and see if he talks
to Andy Davis and Others"
What year was that?"
THAT was in 1896
what business have you been in of
later"
In sc 1 was the sanitary inspector
of Butte
Since them"
''Since then l have been off and IN in
the printing business. ] I'm engaged in
printing down i'm Walkerville.'
do you know whether or not Darnold
had any business in the First National
bank when you saw him going in?'
II know he wasn't working there at
. that time. He hadn't worked there for
several years. He was working for my
brother on the books in 90"
There were no further questions. The
complainant's case was here closed with
the exception of the deposition of Mis-.
Harriet Wood. which will be taken in
Springfield. Mass, and will be merely
TO the effect that she had not heard Of
the alleged frauds until 1896. w. c.
Darnold was one of the principal wit
nesses in the bank stock case to show
the intention of the late Judge Davis to
leave the bank to Andy on his death.
The attempt has been made in the pres
ent hearing. chiefly through the testi-
mony of James X. Boyce, jr.. to show
that Darnold had testified for a con-
sideration. Ii has also been attempted
TO show conspiracy on the part of the
Davis administrators. James A. Talbot
and j.. II. Leyson, to help A. j. Davis
jr.. get the bank stock.
The hearing of the defense in the
case will begin on Wednesday. une 20.
One of the first witnesses for the defense
will be Warren Toole, one of the leading
lawyers of Montana. who must appar-
emily ave had knowledge of the alleged
fraud IL they took place.
Another flag end of the great Davis
will case, the litigation in which was
thought TO be nearly over, will come UP
next week. The United States circuit
court will meet in session on Monday,
when Judge Knowles will be here.
Judge De Have of California will also
be here. inasmuch as Judge Knowles is
disqualified from sitting as judge in the
Davis case. which Judge DE Haven
Will hear will be the u in the
ease of Erwin Davis VS.. the heirs of
John A. Davis. Erwin Davis claims
that he had an agreement with John
A. Davis whereby If they won in the
great will case he was To have a certain
percentage OF all they got. The John A.
Davis heirs have demurred TO this COM
plant and the demurrer will be argued