The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-11-06

any error existed in the account OF Mr..
Coran until he could investigate II. for
he considered Mr.. Coram a gentleman
OF honor. He further testified that he
(witness) had not disbursed himself
further than pay his own legitimate ex-
/ penses.
w. w. Dixon was called TO state
what connection he had with the case
OF the WILL He said hat Mr.. Root was
the most active person in the contest
in opposition to the will. u
T. Warren Toole was also called to
explain his connection with the case. He
drew up the protest for Mr.. Root. He
explained In detail how the case was
conducted la behalf of his clients, stat
ing that while MIR. Root and Mrs. Cum
mings appeared as the sole contestors.
II was understood that Mrs. Ladd and
others were interested. 1t was only a
matter of form to associate one OF the
heirs with Mr.. Root In the contest. He
also spoke of the appearance of Judge
Wells as a representative Of Mrs. Laid.
and this proceeding rather sur
prised witness. as he had always con-
sidered Mr.. Root the principal spirit in
the negotiations among the New En-
gland heirs.
Witness, in answer to a question. by
Judge DeWolfe. counsel for the Defend
ant. said that he held a bill against
Root for $42. $50 for services rendered.
but" he remarked with a suspicion OF
a smile, lit is subject to a compromise
at any time" Mr.. o had already
| paid him. or his firm, $40. 900. He had
reduced the original bill by about
$50. O0o.
Mrs. Elizabeth Ladd was called after
the plaintiffs sid had announced It's
| case closed. The lady gave her testi-
mony In a clear, straight manner and
was at no time noticeably embarrassed.
She said that she resided In Spring.
field. Mass. and was a niece Of the late
A. j. Davis. She is a child of a sister
OF A. J.. Davis. She attended the
funeral Of the rich man and an the
| evening attended a dinner given by IT.
win Davis. a brother of the deceased.
at the Massasoit house. She gave the
names OF those who attended hat his
torical post-funeral banquet. They
were sisters, brothers. cousins and
aunts and uncles, all dear relatives of
A. j. Davis. She admitted that IL de-
veloped at that party that there was
a rivalry between Irwin Davis and
Henry A. Root. who is a nephew of
the late A. j. Davis. Twins urpos
was to get all the heirs to agree to
send him to Montana armed with the
power of attorney to attend to the bust
ness of the New England heirs in the
matter of claims against the once valu-
able estate.
MI. iNOOt 8uNlseu US not 10 give the
case into the keeping OF Irwin Davis.
He said he CRoot) was coming out to
Montana. and j preferred him 20 either
Irwin or Joh A. Davis to act for me.
My husband consulted with Judge
Gideon Wells. whom we. next day. en-
ployed to look after our interests in the
estate. j made no agreement with Mr..
Root to come to Montana to look after
my end of the case. We sent Judge
Wells To Montana to plead in behalf
of Mr.. Root for administrator of the es-
tate, however"
Judge Dewolfe asked: Now. Mrs.
Ladd, when you came to Utah, who
represented o in this matter?"
Judge Knowles corrected the attor-
ney. who Immediately a~poiogized TO the
court and the ladies, saying that II
was unintentional; that he meant to
say Montana.
What did you do after you heard
about the will?" Judge Dewolfe asked
Mrs. Ladd.
IT looked to Mr.. Root to attend to
the matter"
did you then enter into a contract
with Mr.. Root to attend to o inter-
ests in the case?'
Yes. that was in November. 1890"
Where is that contract?"
81 don know
Did you sign it?"
yes. together with the other New
fL1klinu contestants.
Where was the contract when you
signed it?"
Judge Wells had IL. but ] haven't
seen IL since. Judge Wells died this
year"
Witness was shown n copy of the con-
tract. which she identified.
After the execution of this contract,
what did Mr.. Root do?"
He came TO Montana to resist the
will"
rs this the only contract you ever
made with MIR. Root?"
Yes"
Was this contract ever rescinded?"
Have o received any share Of the
Davis estate?"
No; ] do not know that n was ever
awarded"
Did you subsequently,. in April, 1899,
sign a compromise by Which the New
England heirs were to receive a certain
portion of the estate?"
II signed a compromise document In
Springfield after consulting with my ad-
wiser. Judge Wells. He always acted as
my attorney"
In answer to further questions wit
ness said that Root had no authority
TO act for her farther than that au-
thority vested in him by virtue of the
provisions of the contract of November.
1890. and she further said that she was
ready and willing to comply with the
terms of that contract.
On cross-eNamination by Attorney
Cotter. Mrs. Ladd said that she came
to Montana first to testify in behalf of
Mr.. Root. who sought to obtain letters
of administration Of the estate Of A. ]. |
She admitted that Mr.. Root was
the leading spirit in the administration
contest and understood that he was act
ing for her.