The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-11-05
N ITS LATEST PHASE
The Davis Will Case Again Gets q
Hearing.
ROOT AFTER A BIG SLICE
He Demands 10000 of Ersabsth Ladd
for His Services In Adjusting IN
Alleged Settlement with
b Heirs.

hearing of the case OF Root va. Ladd
be as Interesting as the first day of 1t
was. the public may ind a pleasing d.
version by leaving the political battle
held and taking a day on to hear what
the small phalanx of contestors of the
late viii ave to say about how the
latest play came up.
The cas- is in the United States court
and IL Is founded on a demand made by
II. A. Root on Elizabeth Ladd, Roots
aunt from Massachusetts,. for $50 900.
alleged to be due plaintiff for services
rendered In adjusting settlement
among the several alleged heirs of the
late A. J.. Davis by which Root, Ladd
ct al. came into possession Of something
like 2h-11ths Of the estate. Mr.. Root
alleges that he disbursed thousands
upon thousands Of dollars In settling up
with other heirs. In employing counsel
and detectives and In other ways. He
testified that he had employed the
whole state Of Iowa" at one stage Of
the proceedings. The Jury secured to
listen to the testimony is as follows:
]. M. Albiez, w. J. Alexander. G. w.
Andrews, r. NJ. Campbell. J. F. Cum
bingham. j. c. Baker. A. w. Barnard,
Thomas Fletcher. s. F. King. w. ".
Lawlor. F. Lynch and J. LongstaK.
Mr.. Root was on the stand all day.
He said that Mrs. Lad gave him direct
authority to attend to her interests In
the will. He then told about making
settlements with a number of the heirs.
Then he testified to investigating the
claims of the alleged wife of A. j.
Davis and how that lady got nothing.
Attorney Forbis. for the plaintiff.
asked the witness what part Of the es-
tate was set aside for Mrs. Ladd, and
Judge DeWolfe. for the defense, OBJ
jected. Sustained.
What did you getT" Objected to
and sustained.
did Mrs. Ladd ever pay you any
part of the Indebtedness you hold
against herr"
Mrs. Ladd never paid me a cent"
answered the witness In tones indicat-
ing that he meant what he said and
wanted Mrs. Ladd to hear his answer
What is a reasonable compensation
for you services?" An objection was
overruled.
3 1888: that Is for work performed for
Mrs. Ladd. I expended. however, more
than $780, 900 altogether"
The interesting part of the testimony
was In the cross-examination by Judge
DeWolfe. who began:
When did you first see Mrs. Ladd
after the death of A. ]. Davis?"
1T was at a reunion of all the New
England relatives Of the deceased SOC
after he died. We met by appointment
Of Irwin Davis"
"A sort Of wake over the funeral, was
IL not?" suggested Judge DeWolfe.
Mr.. Root smiled. He recited the con-
versation he had with Mrs. Ladd, whom
he advised not to follow the cours laid
down by Irwin Davis The next day
after the banquet or reunion. Root said.
a. - - -- -
tend to her part of the claim.
"She said, We will go in together and
work against Irwin Davis"
state what contract Mrs. Ladd made
with you
"she just told me to represent her"
Where did she say this?'
"Oh. II might have been in the Mas
sasoit house or 1t might have been at
her own house"
very important dates. You are an at
torney. are you not?'
Yes. l think So"
Now, in matters of such great i'm
p~ortance as the avis will case. would
not you think that an attorney would
be very careful to have In his mind
dates and other data connected with
the case?"
"oh. 1 don't know; maybe you
might"
"Mr. Root. I ask you to simply con-
fine yourself to what Is pertinent to this
case. What I want to get at Is the con-
tract you made with Mrs. Ladd?"
II don't remember more h that
she wanted-begged me-to represent
her and do all l could for her"
Witness tried to tell all he knew o
the case and finally Judge Knowles in
terrupted by requesting him to confine
$3.50 TAA. ..tf-
ness told about his journey to Montana
and OF his application for letters of ad-
ministration. He said the matter OF
compensation was not considered.
What did Mrs. Ladd saiy to o be-
fore you started for Montana"
why, IL would take me four weeks
to tell you what Mrs. Ladd said to me-"
He said that a feeling Of deep regard
for his cousin prompted him to exert
his energies in her behalf. and that.
more than mercenary reasons. led him
to expend a great deal of money and
time in her behalf.
A contract was subsequently entered
into between Root and the other TOUR
beneficiaries by which Mr.. Root was
authorized to proceed to a limited ex-
tent In the matter. and a copy of this
contract vas introduced In evidence.
In answer to a question by Judge De-
"oiics MI. INbOt Sdiu Una nc uio "
know whether he was present when
that contract was signed or not. 1t
might have been sent to him later.
What did you 10 In pursuance to
this contract?"
II went all over the United States,
borrowing money. employing detectives.
lawyers In Iowa and Chicago. and tried
to ascertain something about the will
in probate. A man who signed himself
'746' wrote me a letter and we met in
the middle of the night. Do you want
me to stop? Do you want to strike out
what I have said?" He had been called
down so often that he evidently thought
this was an opportune time to be called
of.
Judge DeWolfe only looked at the
witness.
Continuing. the witness said: Il am
trying to tell o what ! did in pursu-
ance to that contract"
lis there much more to be safd?"
why, I haven't told you q thousand
eth mart. Why. I had the whole state