The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-09-10
THE BANK STOCK CASE
The Testimony in the Hearing
All In.
TO SET JUDGMENT ASIDE
The Promised Sensation in the Case Of
Harriet Wood VS.. A. j. Davis
Did Not Meterialize
Yesterday.

That particular one of the many Da-
Wis will cases known as the case Of
Harriet Wood VS.. A. J.. Davis, jr., ct al.
is over. so far as the taking OF testi-
mony is concerned. This case was
brought in an endeavor to reopen the
bank stock matter. alleging that there
had been fraud. corruption, bribery
and other things Of the kim in con-
nection with the trial Of the bank stock
case before, which resulted in the bank
stock being awarded to A. ]. Davis,
tr. Harriet Wood. who lives I'm Massa-
chusetts and is a sister Of the late
Judge Davis, and one Of the DAVIS
heirs, brought this suit to have the
judgment set aside by which A.. j. Da-
Wis. jr, obtained the sto *, claiming
that instead of going to him II should
be divided among all the Davis heirs.
The taking Of testimony before a ref-
cree in this case has been going on
at intervals all summer long, and the
plaintiffs have had the ard work on
hand Of en~deavoring to blacken the
reputation and standing of some very
reputable people in Montana.
1t has been rumored around for some
days that there was going to be some
hot tuff" served up by the plaintiffs
on the final day of the hearing. Some
thing sensational was expected, some
thing that would go a great ways to-
ward showing a dire conspiracy 10 de-
fraud the Davis heirs Of the bank stock.
IL the Introduction of any such testi-
mony was contemplated by the plain
lifts It was not presented yesterday.
one unimportant witness was put on
the stand at yesterday ~forenoon's ses-
sion. Adjournment was then taken
until 2:30 o'clock yesterday. At that
hour the plaintiffs, through Attorney
brennan, announced the close or their
case I'm rebuttal. thus ending the TAX
ing of evidence.
G.. w. Stapleton was on the stand,
witness on behalf of complainant, re-
called to rebuff certain testimony OF y.
W. Mcconnell with reference TO his re-
fusal to make affidavit to the same ef-
feet as Darnold's affidavit, which could
not he used. in consequence of protec-
tion given Darnold by Judge McCon-
nell. The testimony OF Judge Neon
nell, wherein he stated that he had
asked Mr.. Stapleton to make an afflda-
Wit. and he had refused TO do so, for the
reason that he (Stapleton felt that he
had not been treated RIGHT by the con-
testants in the will case that were rep
resented In relation to employment in
II. Mr.. Stapleton testified that IL was
true that Judge Mcconnell had asked
him TO make afidavit as to what Oar
nold said. but that he had no feeling In
the matter whatever.
u never thought at any time that |
had any right to be employed. When
they asked me to make affidavit I never
took that into consideration and | had
no unkind feeling against clients. The
reason l did not make the affidavit Is
this: MI. Darnold anne TO me with
reference to his making affidavit, stat
ing that the evidence was false, and I
sent him to Judge Mcconnell. I under
stood tina Judge Mcconnell told him
he was liable to prosecution for per-
jury. ] was also told that Judge Nc
Connell gave him some paper, where
by he was to be protected, and there
by put himself In such a position that
he could not use this testimony. | did
not feel that | had anything 10 do
with the case, and believed that I did
what was right when l sen him to
Judge Mcconnell and Mr.. Toole, who
were the attorneys in the case"
Mr.. Stapleton was not cross-exam-
ined.
Judge Knowles. on account OF his
former connection with the First Ma
tional bank, is disqualified from deCid-
ing this case. and the testimony as
taken before Referee Blair will be sub
mitted to some other United States cir
cult judge. This cannot be done before
November or until after the present
term OF court closes I'm Butte.