The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-11-20
.ALLPORT WILL FORGERY
Jury Returns a Verdict for the
Contestants.
END OF THE LITIGATION
A Review OF the Long Contest for the
Estate of John D. Allport-The Mo-
torious Fegen-Bush and the
Steal He Planned.
Special Dispatch to the Standard.

Special Dispatch to the Standard FF
Boulder, Nov. 19.-The Airport will
case closed at a. late hour last night
with a victory for the contestants, the
jury coming in short time before
midnight after. deliberating about one
and half hours, with verdict de-
claring the viii to be a forgery. Tha
case has attracted wide attention and
the court room has been well filled dur
ing the four days of the trial. even
at the night sessions, many ladies be-
ing present, and there being large
attendance even at the late hour when
the verdict was rendered The YER
dict ctappears to meet the expectations Oh
the public generally, and especially
those who had followed the progress
of the trial, and particularly those
who were somewhat familiar with the
proceedings in the settlement OF the
estate of John D. Airport since the
arrival of Mr.. and Mrs. Kelley here
| from Denver nearly three years ago.
While the verdict rendered was ax-
pected, it was hardly supposed that ID
would be unanimous. as was shown
by the poll of the jury at the request
of attorneys for the proponent.
This will probably end the litigation
that has been so long drawn out and
which has occupied the time of the
court of this county so many times
A full history of the matter from the
time that John d. Airport left his home
at Dexter Mich, to seek his fortune
in the West to the time of the settle
ment of his estate would make inter-
esting reading. He endured the hard
ships and privations that We're the lot
Of the early prospector and had the
,1,t tl-.@
induced by such life. He was quite
well educated and his success in
Montana was fairly good. and when he
died he left mining property and real
estate to the value Of several thousand
dollars, the principal item being am
interest in the Minnie Healey mine in
Butte.
Although a resident of Basin, in this
county, he died in Butte, and word was
sent from there to his sister. Mrs.
Kelley, who then came here to settle
the estate. On her representation that
she was the sole heir. letters of ad-
ministration We're given to her and she
proceeded to close it up. During the
later years of his life Airport made
friend and contidant of B. G. w.
Evans of Butte. and the cupidity OF
Evans was attracted by the value of
the Minnie Healey mine, and In COM
pany with others, he concocted a
scheme to obtain possession Of it by
means of forged deeds, and was nearly
successful, the well known crookedness
of his eastern partner in the deal, one
Fegen-Bush, being finally the princi-
pal means of defeating the steal The
publicity given in Chicago papers to
this matter informed Mrs. Farleigh, a
resident of that city, that her half
brother, John D. Airport was dead.
She communicated with Mrs. Miller.
another half sister of Allport's, living
=
gan proceedings to secure their share
| of the property. In doing this they
| brought an action against Mrs. Kelley
| for perjury in representing that she
| was the sole heir. but on a trial of the
| case she was acquitted on the repre-
sentation that she supposed all the,
| other heirs were dead and did not
| know that half blood relations inher-
| tied.
Then came will from San Fran
cisco under peculiar circumstances,
leaving the property to Mrs. Kelley.
! This was presented for probate and
! contested and was withdrawn in the
middle of the trial because Of the be-
! lief that it's integrity could not be
maintained after the showing made by
! the contestants and particularly after
| the testimony of an expert on hand
writing, Mr.. Tolln1an, had been intro
| duced. Following this another will was
discovered in Butte last spring, as has
been told in the Standard, with the
alleged signature of Airport and the
| signatures of B. G. W. Evans and NJ
Geigerich as witnesses. the body of
the will being in the handwriting of
Evans. The course of the trial has
been outlined in the Standard, and 1t
seemed that the contestants made the
better showing all the way through, al
though the final evidence for propon-
| ent, of Mr.. and Mrs. J. c. Sloss, was to
the effect that Airport in taking din
ner with them in Boulder a short time
before his death said that he had made
a will. AS far as the expert testimony
! went that of Henry L. Tollman for
contestants seemed to have more
weight with the jury and to be more
conclusive than that of experts Ewell
| and Drake for proponent.
In closing the case ]. A. Walsh Of
| Helena opened for the contestants and
the time for each side was limited to
| one and a half hours on account of the
| end of the week and also the necessity
| for ending the term, as Judge Parker
| was obliged to open court in Dillon on
| Monday, although Judge Smith of Hell
ena was presiding here. 7. j. Walsh
| of Helena took the time for the pro-
| ponent and made a very strong and
able plea but he was followed by Gov
ernor Smith for contestants, who sum
med up well in the limited time at his
| disposal. The case was fought harder
| and more attorneys engaged than
would have been possible by the ap-
| parent parties in interest, but it is
| generally understood that different
parties have secured the interest in
! the Minnie Healey mine pending the
determination of the suit, and they put
! their added energies and resources
| into it.