The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-08-10
DAVIS BANK STOCK CASE
Defendants Testimony in Hear.
ing for Reopening the Case.
Mr.. FORBlS ON THE STAND
The Attorney Identifies the Contract as
the Original and Says He Did Not Ad-
wise Talbot to Attempt to ain
Possession OF the Stock.

Ohly one more day remains for the taxi
ing of testimony of defendants i'm the
hearing for reopening of the bank stock
case on grounds OF alleged fraud. The
defendants were granted 60 days from
July II. and unless an extension is grant
Ell the testimony for the defendants is
about ended. The compliments have 30
Jays from tomorrow for testimony In re-
buttal.
At yesterdays hearing Judge Dixon in
troduced i'm evidence the minute book of
the United States circuit court for July
H. containing the order Of the court APP
pointing Judge DE Haven to act as Judge
OF the circuit court for the July season.
James w. torbis was then put on the
stand. he being the only witness for the
day. Mr.. Forbis said that he was an attor-
ney at law practicing i'm Butte since 1885,
ana that he a contract made
between John a. Davis and himself and
other lawyers in regard to the litigation
in this case. The witness identified the
contract as the original one with an addi-
ton to Il. The contract is as follows:
THAT, whereas, the said second party is
an heir of Andrew j. Davis. deceased. and
as such Is entitled to share in the distri-
button of the said estate of the said An
drew j. Davis, deacesed; and,
'Nheieas, There is now pending in the
district court of the Second judicial dis
trict of the state of Montana, in and for
Silver Bow county. a proceeding for the
probate OF a certain Instrument purport-
ing to be the will of Andrew j.. DAVIS,
deceased, and by the terms of which will
the said John A. Davis is the principal
devisee and legatee; and,
Whereas, The said will Is being con-
tested by divers parties and may hereaf-
ter be contested by other parties who
claim an interest in the estate of Andrew
]. Davis, deceased. and the validity of
the said will is disputed. and,
Whereas, The first parties herein have
been up To the present time retained by
the said John A. Davis as his attorneys,
ana have acted as such. and propose to
continue to act as such i'm the future:
Now, therefore. this agreement wit
nesscth: That said first parties herein
hereby undertake and agree that they will
devote their time and attention as attor-
noys i'm the interest and on behalf of the
said John A. Davis i'm all matters arising
out of the estate of Andrew J. Davis, de-
ceased. until a final determination of all
such litigation ard until the said estate
shall be finally distributed 10 the parties
entitled thereto; and that they will use
their best efforts and endcavors for the
interests Of said John a. Davis in what
ever capacity he may claim in the said es-
tate. or any interest or property therein.
and all litigation between him and others
In reference thereto.
in consideration whereof the said John
A.. Davis has agreed and does hereby
agree to pay to said first parties for their
services the sum of $4,000. The said sum
being payable IN the first distribution of
money or property to said John A. Davis
in quantities sufficient TO pay said sum-.
And the said John a. Davis further I'M
dertakes, promises and agrees that if the
said will shall be finally probated. or if
the controversy concerning the same shall
bc finally compromised between him and
the parties claiming adversely to the said
will, he will pay the additional sum of
$50.
The agreement is signed by w. w. Dix
on. NJ. Kirkpatrick. Forbis & Forbis and
John 4. Davis. The date is March 30, 1891.
The will had at that time already been
p~ropounded. Before this contract the law
yers had been orally employed by Mr.. Da-
Wis. The addendum was a provision that in
case of litigation over the bank stock the
attorneys should represent the interests
of a. J. Davis, jr.
While attorneys for James A. Talbot
rs special administrator Mr.. Forbis said
that their duties were mainly in regard
to mining business, drawing leases, sales,
etc.
on cross-examination Mr.. Forbis said
that as attorneys for Mr.. Talbot they
did not advise him to attempt to gain pos
session of the bank stock or 10 start
bank stock litigation. He considered il
perfectly legitimate to be attorneys for
the administrato in all matters except
the bank stock. He never inquired as to
why Mr.. Talbot had not brought suit for
the bank stock. He believed that finally
suit was brought by order of the court.
In the bank stock litigation the witness
represented A. J. Davis, jr. There was no
inconsistency he considered. in repre-
sentinE both \. J. Davis, jr.. and the
First National bank. The bank did not
resist. but filed an answer that ii had no
interest i'm the matter.
Mr.. Forbis said he Is acquainted with
Meyer Genzberger. He had not seen Mr..
Gcuzberger since the taking of this testi-
mony was begun. The last time he saw
GgnzherEer at Thornton Springs was
probably two months ago. The witness
said he knew w. G. Darnold. He did not
know where Darnold is now. He never
had any correspondence with Mr.. Darnold
and did not know whether Mr.. Davis had.
He did not know of any money having
been paid for three letters from Mr..
Boyce to Mr.. Darnold. The witness de-
clinCd to state what the salary of James
\. Talbot is as vice president of the
First National bank. That closed the
hearing for the day.
Gov. Robert II. Smith. d. \. Heron,
Mrs. Holm Harrtu and family and .JDnO