The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-12-07
Another Start Made in the Bank
Stock Case.
AFFIDAVIT OF DARNOL0
Witness Boyce. When Shown the Docu-
ment. Sought to Retain II. Saying
1t Was His Property Hear
ing Continued To Friday.

win Davis seeks to secure the stock
now held by Andrew j. Davis. jr.. In
that institution. was begun in the Unit
ed States court room yesterday morn
ing. ]. r. Boyce. jr.. was the only
witness yesterday and he was still in
the chair when the hearing adjourned
to meet Friday forenoon. The testi-
mony is merely a repetition Of that
given in the previous hearing before
the examiner.
Just before loo yesterday Attorney
Chase. who was i~nterrogating the wit
ness, brought up the old matter Of the
affidavit made by w. c. Darnold that
the latter had sworn falsely in the trial
of the case OF Talbot VS.. the a m
Mr.. Boyce was handed the document,
n when the time came for him to re-
turn IL to the examiner he refused to
do so. saying that II was his property.
II was not .until several hours had been
wasted in consultation among attor-
neys and the signing Of receipts that
the hearing was resumed. Before the
noon hour Mr.. Boyce was ordered to
bring into court the books of the firm
of j.. r. Boyce, jr.. & CO.. showing the
last entries made in them by Darnold.
who was bookkeeper for the house i'm
February, 1890. for some time pre-
vious.
At bout S:15 o'clock the prelimi-
naries for the second heat of the day
were arranged n ]. r.. Boyce re-
sumed as chief witness. He had with
him the books asked for. He was
acked to turn to them and point out
entries in the handwriting of Darnold
in the spring of 1890. He referred to one
of the blotters of the main set of books
of the firm of ]. r.. Boyce. jr., & Co.
| nbara ma The ba.lx,rit;,. 80 narnAlls
on the pages. He also saw the same
handwriting in the cash book on SINH
lar dates-January and February. 1890.
He explained Darnold's method of
transcribing from one book to another.
1t appears that Darnold was on one
of his drunks at hat season OF the
year, and to expedite matters he posted
the two months together in the cash
book-that is Jumped" the entries.
The journal and ledger were also re-
ferred to, showing entries by Darnold
from the LIST up to the 21st of February.
1890. All the questions. il was under
stood, were objected to by the de-
Tense.
He testified that he came into pos
session of a letter written July 6, 1894.
to A. ]. Davi by w. c. Darnold. The
copy of the letter was produced by Ex-
aminer Blair. 1t being in the court
vault with a thousand and one other
exhibits In the case, m identified It as
a true copy.
Witness testified that Darnold told
/ him i'm the presence of c.. w. Stapleton
that he (Darnold) testified untruth-
fully i'm the first trial wherein he said
that A. j. Davis. ST., had stated that
he intended to give Andy Davis the
bank. Stapleton advised Darnold then
to go to Helena and make that state
ment to Warren Toole. counsel for Tai
bot i'm the original bank stock case.
NJ IQnxan aniA that hafaTa tho fret
trial Darnold was i'm a destitute pecu-
mary condition. and that after he had
testified he had a new suit of clothes
and had the appearance Of a man in
possession of some money.
on the day of the funeral of Judge
Davis, witness had a conversation with
Andy, who. witness said. told him that
his uncle had not provided for him..
Witness had told Andy that he would
like to see him get the bank stock. and
that IL he could do anything for him to
secure the stock he would do so.
Mr.. Boyce had known Mr.. Dav
since 1866 inc was in business with
him i'm the firm of J.. r. Boyce, jr., &
Co. Witness had had several CONVEX
sations with Andy in regard to the
bank stock and he had told Andy that
A. j.. had never said to him that he
intended to give Andy the bank
stock.
Darnold told witness that he was tes-
tifying merely for the money that was
in it-that the whole estate was being
absorbed by witnesses. attorneys
| others and that he was out for all the
pickings that he could get hold of.
Later Darnold left Butte and returned.
Then he told Boyce hat he went to
Gregson Springs with Meyer Genz-
berger and hat the latter told him that
he could take a trip IL he wanted TO.
G~enzberger went with him to Ohio and
- -Al- NNff m
trip with Mr.. G~enzberger. who took
good care of him and bought him
clothes, etc. Witness understood that
John T.. Davis furnished the money for
the trip. Ii was understood that John
f.. Davis desired to keep Darnold out
side of the state for a period OF 30 days
or a period to lapse the time set by the
district court for another hearing I'm
the celebrated bank stock case. OAR
mold told witness that he had received
money while ne was East. but he didn't
say that he drew any after he returned
to Montana. Darnold said that Genz-
berger got about 500 for his rouble.
II don't know where Darnold is. l
haven't seen him since 1896" said the
witness In answer to a question. He
left the employ of j. II. Boyce, Jr., q
Co. about Feb. %. 1890"
This concluded the examination OF
Mr.. Boyce by the plaintiff. and TIE
hearing was adjourned until Friday at
10 o'clock. Examiner Blair will go to
Helena to-day on business.
The letter of Darnold to A. ]. Davis.
which is one of the exhibits. and at
the same time quite interesting, is as
follows:
Butte. Mont. July 6. 1ss4.-Mr. A. ].
Davis. e Sir-Having made several
unsuccessful attempts to meet and
have an interview with you and failed.
! adopt this method of placing before
you the circumstance as I see IL. You
are well aware that in my testimony l
strained a very great point. and in do
ing SO accomplished for you sl.072. 900.
and l feel hat any circumstance that
might arise that would change or i'm
peach that testimony would be both
disastrous to you and myself. In order
10 avoid that ! desire to place before
you the following conditions. to-wit:
That you deal with me straight,
- .hrnrnnh m nnn.nd a. .Ai.A -.