The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-07-07
A LAST FORLORN EFFORT
Compliments in the Bank Stock
Suit Close Their Case.
BEFORE REFEREE BLAIR
The Deposition OF Harriet Woods Will
Be Taken at Springfield. Mass.-Andy
Davis Refuses to Show Books
of the First National.

'AFC ~ IN n
last %forlorn effort to get Andy Davis
bank stock practically closed their case
yesterday in the hearing before Referee
Blair. An adjournment has been TAX
en- to Friday in case the complainant
decides to introduce anything further,
but the attorneys said at the close of
yesterdays proceedings hat there
would probably be no further evidence
on their side. The deposition of Har-
riet Woods will be taken at Springfield.
Mass. She will merely state that she
knew nothing of the alleged frauds I'M
til the year 1896.
The feature of yesterdays proceedings
was the refusal of Andy Davis to show
the books of the First National bank
in response to the demand of the COM
plainant unless the order be made by
the court. The only other witness ex-
amined was the administrator, j. H.
Leyson.
A. j. Davis, Junior, said his age is
"a. He came to Montana in 1889 and
assumed a position as clerk in the First
National bank A. j. Davis was presi-
dent. The witness became assistant
cashier in 1884. and a year or two later
became cashier. In December, 1889, the
officers of the bank were: A. j. Davis.
president; Hiram Knowles. vice presi-
dent, and himself cashier. At that
time $50 shares of the stock were regis
tered i'm the name of A. J. Davis. OF
the other 50 shares, 10 were in the
names of Hiram Knowles. w. w. Dix
on 10, A. J.. Davis, jr.. 10, James A. Tai
bolt 10, and S. 7. Hauser 10. The wit
ness said his father. John A. Davis,
died in 1898. His sons were Edward,
John. George. Charles. Wallace and the
xr;tpaog The u-ifnacS rndprctond that
some, at least. of the holders of the so
shares of bank stock had agreements
with A. J. Davis. At present the stock
stands i'm the name of the witness. He
did not know the exact number stand
ing in his name. The witness refused
to produce the stock book. He did not
remember how many shares stand in
the name of James A. Talbot. Mr..
Davis was questioned closely in regard
to the affairs of the bank, the officers,
dividends, etc. Some questions he an
swered, and some he refused to pro-
duce. He refused to produce the d.
| rectors' minutes or any books of the
bank, on advice of his counsel, unless
ordered to do so by the court. The
witness, through Judge Dixon, his
counsel, disclaimed any intention of
committing a contempt of court. but
declined to produce them unless asked
to dc so by the court itself. The wit
ness was asked as to whether any of
the witnesses on his side in the bank
stock trial of 1894 were indebted to him
self or to the bank. He replied that
none of them were indebted to him per-
sonally. He refused to answer as 10
whether they were indebted 10 the bank
or not. The witness said that j. II,
IeysOn was indebted to the bank at the
time he was appointed administrator
He declined to answer whether the in
debtedness had since increased or not,
as being bank business, which he did
not consider proper to reveal. The
witness said he had been connected
with James A. Talbot in various min
ing enterprises in the Flathead valley.
j. H.. Leyson, administrator of the
Davis estate. said there Is about SI5.-
900 still in his possession in the Davis
estate here, and there is $3.50, 600 belong
ing to the estate i'm Boston. which Mr..
Leyson is trying to get. He said that
40 shares of the bank stock are in his
possession. He did not know whether
or not any dividends had accrued for
this stock. He had not taken out a
writ of error in the bank stock case be-
cause his attorneys advised him that
no error had been committed. He
had, therefore, concluded not to carry
the case up. The times said he had
no objection to A. ]. Davis producing
his account with the bank. 1t is mere
ly a commercial account. When ap-
pointed administrator he was indebted
to the bank about s $4,000. He could not
say whether that had increased or de.
creased since that time. The witness
was asked why he permitted the cash
belonging tn the Davis estate to remain
in the bank. drawing no interest. in.
stead of investing IL for the benefit OF
the estate. He replied that his reason
was that he expected a decree of distri-
button within a year. and did not SEE
where it could safely he invested foi
so short a time. He felt the RESPONSE
bility of so much money being in his
charge, and he did not wish to take any
chances. The witness said he had a
limited acquaintance with A. ]. Davis
jr., before he was APPOINTED admins,
TRAITOR. Since then the acquaintance.
ship had increased. He had visited
him from time to time. IND had NJ
feeling of hostility towards him.
After "A few cross-questions by Attor
ney Scallon the witness was excused
The com~plaintant's counse then sale
he would close his case IL the attorney.
for the defense would admit that Mrs
Harriet Wood would testify that she
did not know of these alleged frauds
until 1896. The defendants ounse re
fused to admit this. so Mrs. Woods de
position will be taken. The hearing
was then adjourned until Friday after