The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-11-14
DISTRICT COURT
AT BOULDER
The Airport Will Litigation Will Be the
Most Important Case OF
the Session.

Special Dispatch to the Standard.
Boulder, Nov. ia term of the dis
trict court opened here this morning with
Judge Parker presiding and the usual Of
ficers in attendance. OF the 30 names
drawn for jurymen three were out Of the
county, seven were excused and 20 were
sworn in as the trial jurors for the term.
Cases on trial to-day are the State Vs.
Charles Stevens, charged with assault
| and attempt to- commit robbery on the
person of Thomas Jones of Alhambra
State VS.. H. E. Bertrand, charged with
larceny.
Cases set for Tuesday, Nov. IA, are
John Colberg VS.. Oscar Nelson and the
State vs.. Louis Suhr, charged with re-
sisting an officer.
The most important case Of the term
will no doubt be the Airport will case,
which has been in the court here before
in one form or another during the past
two years. Briefly stated, the matter
was started on the application of Caro-
line V. Kelley, sister OF the deceased,
making application for letters of admin
istration. She had learned Of his death
and came to Montana from Denver to
look after his estate, which was sup
posed to be quite valuable. consisting OF
town lots in Basin, mining property in
Jefferson county, holdings in Deer Lodge
county and Of most valuable interests in
the Minnie Healey mine Of Butte. She
endeavored to settle the estate on the
representation that there were no other
| heirs, but when fraudulent deeds to the
| Minnie Healey mine had to be attacked,
| and which were subsequently found to
| be the work of sharpers and forgers op-
| Grating In Butte and Chicago, and of
which the notorious Fegen Busch was
| the leader. then the death of Airport
| became known to heirs in Chicago and
Michigan, Devincey Airport, brother.
and Mrs. Miller of Dexter. Mich, and
Mrs. Farleigh of Chicago. half sisters of
| Airport.
Mrs. Kelley was tried on a charge of
attempting to defraud in representing in
her application for letters of administra-
| ton that she was the sole heir. but was
| not convicted, stating that she did not
| know that the other relatives were liv-
| ing. Then came a will purporting to
have been made by Airport, and signed
| by Osborn and Lawrence as witnesses
1t was sent from San Francisco with a
letter to James Talbot, banker, Butte,
| claiming that it was given to one of the
witnesses by Airport to be delivered to
Mrs. Kelley in Denver; that he could not
| find her, and that after prospecting
about the country from Montana to
| Mexico, he finally had gone to Alaska
and on returning from there to San
| Francisco he learned of Allports death,
SO long
All this seemed highly improbable, but
! an effort was made to sustain the will.
| On the first trial of the matter there
| was much testimony as to the genuine
ness of Allports signature to the docu-
ment, and the case resulted in a disa-
greement by the jury On the second
trial better preparation was made by
the contestants and a hard fight was
| made by able attorneys. The contest
ants had the services of an eminent ex-
pert from Chicago. and the fraudulent
character of the will was apparently so
| clearly shown that it was Withdrawn
while the expert was still on the stand
| There was no evidence to connect Mrs
Kelley or Mr.. Kelley with the docu-
ment, but, at any rate, it was with
| drawn. Later another will was reported
| to have been found in Butte, which also
| gave the bulk of the property to Mrs.
Kelley, the witnesses to this document
being one B. c. w. Evans and one GEL
| gerich of Butte.
This will is offered for probate by Mrs.
Kelley and is contested by the other
| heirs. 1t is expected that a large num-
| Der of witnesses will be called by each
| side to give opinions as to the sigma
| ture. Each side, too, has secured emf
| nent experts of handwriting from the
| East. and the will has been photo
|
for Wednesday, Nov. Is, and If tried
will no doubt last the remainder of the
| week. as there may be some difficulty
in securing jury Judge Smith of Hell
ena is expected here to preside at the
request of Judge Parker.
Parties are arriving here every day
| from Elkhorn on their way to other To-
| cations, and there Is great regret that
| so excellent a camp is likely to be de-
| populated. The mine is about abandon
| ed, but the mill will probably run a few
| weeks. Houses in the town are being
| boarded up and property has very little
value. OF the stores. the Elkhorn Trad
ing company is selling off most of its
| stock and will remove the balance very
soon to some other point. Henry Schrein-
er, general merchant. will probably re-
main there for a few months, and pos
sibly there will be several families to
| winter there. Orders have been received
from Superintendent Horn at Living
ston that trains on the Boulder & Elk
horn branch will be discontinued on Dec.
l. This. however, will not affect the
| Helena & Boulder branch and trains
will probably run to Basin every day in
| stead of three times week, as hereto
| fore
The surveying party for the Great
Northern is yet at work here on the cut
| off between the Boulder tunnel and a
point on the road between here and Ba-
| sin to lessen the grade to about / per
cent. The preliminary survey will be
completed in about 10 days, but it may
not be known for some time if the line
| will be constructed.
| 1t is learned here that j. W. Monahan
| of Wickes, member of the board of
| county commissioners, has removed to
| Craig, where he has purchased a stock
of goods and will engage in business.
His resignation as a member of the board
is not yet received, but an appointment
will no doubt be made by the district
Judge before the time for the next meet
ing of the board, the first Monday in
Decamher