The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-04-29
kLLPORT Will IN COURT
The Attraction for the Good Folks
Of Boulder These Days.
STRINGS OF TESTIMONY
Some Believe It's q Forgery and Others
Don't. and the Judge Will Listen to
More Evidence Before Its
Final Disposition.

Boulder, April 2s.-Two days have
now been consumed in the Airport will
case and the testimony is not yet all
in. The trial il attracting a great deal
of local attention from the circum-
stances leading up to the offering of
the will for probate. the amount OF
property involved, and the fact that
the deceased was an old-timer, a prom
inent mining man and had extensive
business relations in Jefferson county.
i'm Butte and in Helena.
The will offered for probate names
Mrs. Caroline v. Kelley of Butte as
legatee except in a few minor requests
to the town OF Basin and the public
school there. 1t IL purported to have
been made u n 10. 1895. and to have
been witnessed by Henry Osborn and
Jacob Lawrence. 1t was received
through the mail by j. A. Talbot. vice
president of the First National bank
of Butte, and from him found Its way
to the clerk of the court. 1t was sent
to him from San Francisco. accom-
panied by q letter which stated that
the person sending IL was one OF o
who appeared rs witnesses to the Will:
that II had been given to MIN by ALL
port to deliver to his sister, Mrs. KEEL
ley, at Denver; that he could not find
her; that he carried the will about with
him: that he finally went to Alaska;
} that i'm returning he heard of Allports
death and therefore sent the will to
Talbot, of whom he had heard Airport
speak as an old and trusted friend.
The first witness called was j. A.
Talbot. who told of receiving h al
legged will. compared the signature
thereon with Allport's checks that had
----- L-N.,- 1T. ha,1. an1 halsAx.nl
tina the signature to h Will was ALI
ports.
w. j. Parks claimed that he lived
with Airport in Basin and that on
June 10 (the date of the Wild two men
came to the house and were introduced
to him by Airport as Lawrence and
Osborn: that he got writing material
for them TO use; that he went to Kuh-
warth's saloon and got a quart of
whiskey. which the four of them drank.
Joseph Kuhwarth produced a book
showing hat a quart of whiskey had
been charged to Airport on June 10.
II. L. Sherlock. sheriff, said that In
these proceedings ~subpoenas had been
issued for Osborn and Lawrence. but
he could not find them.
George +. Cowan is extensively. ac-
quainted in jefferson county and knew
of no persons of such names. T. T.
Lyon the same.
John Olson of Butte knew Henry
Osbor at Basin in 1888; owned a min
ing claim together In Cataract dis
trict; saw him write his name: the
one on will looks like II.
James Brown. publisher OF Butte
Times. said: I'm 1896 Osborn came ia
my Office I'm Butte and left a note
don't know how he looked; don't know
what was in the note; don't know
whether he wrote II there or before he
brought IL there"
NJ. Freeman identified Allport's sig
natures to deeds.
John Berkin and w. II. Taylor iden-
tilted photographs they had aiken of
will and signature tenlarged.)
j. w. Chivers of the Union Bank and
Trust company of Helena. expert on
handwriting. pronounced signatures on
deeds and on will not the same. John
w. Eddy, expert. thought as Chivers
did.
Deposition Of Henry L. Tallman
Chicago. microscopic expert and a
specialist on handwriting. cited num-
erous cases involving millions of dol
lars in which he had given expert tes-
timony. among them the Davis Will
case in Butte. He believed that the
signature to the Airport will was a
forgery. and pointed out SO points OF
difference between genuine signatures
and that on the will: he also believed
hat the same person who wrote tbs
signature wrote the body of the will
although there Is an apparent differ.
ence in a casual observation. m gave
numerous reasons therefor.
II. ii. Estes and Joseph Brien OF Ba.
sin, Amos Calvin and George s. Ken.
needy of Helena, d. G. Warner of Boul.
der, T. Hopkins of Basin. Buck Hud
nall of Helena were acquainted with
Allport's signature. and did not believ,
that on will to be his. +. Hopkins and
X. IL. Estes saw Osborn in Basin II
1882 and 1883. but did not believe tha'
he had been there since.
NJ. Freeborn Of Basin rented two sad
die horses TO Airport on Tune 10. 1896
Airport and another man went on
about $50 a. m. to ooh at minins
claims and returned about 5 o'clock IN
the evening: verified by book maxim,
charge for same. This differed mater
tally from testimony Of Park. who sal,
Airport and two strangers were writ
ing in the cabin in the afternoon.
Matt Joke lived with Airport in 1895
in June two strangers came to tn
house: he Identified one Of them a
being in the court room; the other di,
not answer to the description attempt
ed to be given OF Osborn.
George Hill. as teller OF the Firs
National bank of Helena. became IA
miliar with Aliport's signature: Il
comparing his acknowledged genuin
signatures with that on the will. ne be
lieved the latter to 70 a forgery.
Mrs. Miller. contestant of the will
told of the relationship of herself an
three other contestants TO John L
Airport.
Judge Smith of Helena IL sitting II
the case and feels that II must be fin
ished Friday. as he has court bushes
in Helena Saturday.