The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-12-10
THE BANK STOCK CASE
j. R. Boyce on the Witness Stand
All Day.
NEVER MADE ANY THREATS
But Suggested That the Claim the Bank
Had Against b Firm Be Consid-
cred a Part OF Judge Davis
Interest.

After a two days recess the Davis
bank stock ease re-entered the special
examiners room yesterday In the
United States court. J. II. Boyce was
on the witness stand all day and reiter-
ated his statements made at the pre-
vious hearings. A letter written TO Mr..
Boyce on Dec. s. 1895. by Walter S. Lo-
gan of the law firm of Logan, Clark &
Demond of No. 5s william street. New
York, was offered In evidence. 1t re-
lated to the p~reliminaries of the insti-
tuition of the original suit and n
Mr.. Boyce for suggestions offered and
asked him to freely give suggestions to
any member of the firm who may visit
Butte in the interest of Erwin Davis.
The witness was under c-ross-examin-
alton by Attorney Forbis. He old OF
his conversation with Warren Toole In
Helena concerning n Andy Davis
had told him on the day of the judges
funeral. that the latter had made no
provision for him CAndy). Mr.. Toole
cautioned Boyce not to tell 1t to sand
ers, as the colonel was attorney for Tai
bot. Mr.. Boyce said yesterday that In
the case OF Talbot VS.. Root, the original
case, he did not recite h ~conversa-
ton he had with Andy. for the reason
that he was not asked To do so. At
that time he was called to contradict
the testimony of Darnold. who had
sworn that he was discharged from the
employ Of the house of j. X. Boyce, IT.,
G. Co. Darnold had testified that, after
being discharged. he went to Judge Da-
Wis and asked him for a situation In the
bank. Darnold testified that the judge
ia Ill., .la. n, An1 nfxvan tho "a MI IN
Andy and hat II he wanted a job in the
bank he must see Andy about IL.
Mr.. Boyce denied that he had ever
made any threats 10 Andy by telling
him that he had the affidavit of OAR
mold and that IL he did not withdraw
the bank suit against him wherein he
was required to pay $50. 900 of the firms
money back to the bank, he would de-
stroy his case and all of his chances OF
securing the bank stock He believed
that he had the affidavit in his hand,
but was sure hat he made no threats.
He did suggest that Andy admit that
the $50. 900 claim the bank held against
the firm be admitted to be not an over
draft. but the part that Judge Davis
held i'm the firm. In this way the estate
would be required to pay the $50. 900 into
the bank. Witness said that II Andy
had agreed 10 the proposition he would
in all probability have acted as any
other human being would under similar
circumstances. indicating that the aff-
davit would henceforth be suppressed.
He aid that the reason he Kept the
affidavit and the copy of the Darnold
letter TO Andy Davis was merely to hold
a check against Darnold. who. swearing
falsely in one case, may do something
as dishonorable in another. Darnold,
after swearing in the original case. be-
come crushed by the weight of remorse
and told Mr.. Boyce that if he did not
get hold of S15. and that y. d. O., nc
would commit suicide. To prevent such
a deplorable occurrence. Mr.. Boyce gave
the respondent being the money. The
case viii be resumed this morning.