The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-04-26
SAID TO Be A FORGERY
The Airport Will Case on Trial
for the Second Time,
TEXT OF THE DOCUMENT
verbatim Copy of the Letter Which Ac-
companied 1t When It Was Sent
to Banker Talbot-Many Pc
culiar Circumstances.
Special Dispatch to the Standard.

Special Dispatch to the Standard
Boulder, April 25.-The trial Of the
Airport will case commenced this morn
ing with Judge Henry Smith of Helena
presiding, Judge Parker of this district
being disqualified on account of having
appeared for parties interested while he
was in practice. Mr.. and Mrs. Kelley of
Butte were present, the latter being
the proponent of the will offered for
probate and the principal beneficiary
under the will. She is represented by
Mr.. Cowan Of Boulder and Messrs.
Wines & Wines of Butte. The contest
Chicago, Mrs. Miller of Dexter, Mich,
who are sisters of deceased; Devincey
Airport of Michigan, a brother, and
Mrs. Wellman of Michigan, a niece. Of
these Mrs. Miller is here, accompanied
by her husband, and Mrs. Fareigh is
also present, accompanied by her hus-
band The attorneys for the contest
ant are j. A. Walsh, C. B. Nolan and
John H. Shober of Helena.
This is second trial of the matter
the jury at a former trial failing to
agree The amount of property involv-
| ~ AZ tiiS t>uotdIillIS VI overthrow or
the Will is not exactly known. 1t con-
slsts OF town property in Basin, some
property IN Deer Lodge county, sever
al mining claims in different localities
and an interest in the Minnie Healy
mine in Butte. The last is supposed to
pc the most valuable, and was az one
| time considered worth perhaps 500 O0O
but development of the property has
been retarded by litigation. A feature
| IN the case. however are the circum-
| stances leading up to the present condi-
tons. After the death of Airport, who
was an old-timer, came Mrs. Kelley from
| Denver to settle up the estate She
| was proceeding as administrators on
the representation that she was the sole
helf as the only surviving relative of
deceased. About that time attention
was attracted to the Minnie Healy mine
by the efforts of a gang of swindlers
attempting to get Allport's interest 10
the property by fraudulent deeds,
! which We're placed on record after his
death FegenBush one of the swim
dlers, went to Chicago, and the publica-
| tlon of matters connected with tha
fraud came to the attention of the cost
ern relatives They then put in their
claims. and Mrs. Kelley stood trial for
perjury in swearing that she was the
sole heir. She was acquitted, however.
Then came the will under circum-
stances seemingly somewhat peculiar,
| 1t was received by James Talbot.
banker in Butte and as received bv
him was filed for probate in this county.
1t is attacked on the ground that it is a
| forgery and is not the will of the late
John d. Airport. The will offered is
| as follows:
Il, John d. Airport of Basin, Jeffer-
| son county, state of Montana. make this
| my last will I give. devise and be-
queatn my estate, real and personal.
| as follows, that is to say: I give and
devise unto the town of Basin. in the
county of Jefferson, state of Montana.
| to) 1--WE acres of my patented placer
| cialm located at the town of Basin, in
SAD county and state, to be used as a
cemetery or burial ground for the peo-
pie or Basin, with the understanding
that no price shall be charged any of
the people of Basin for burial lot in
said five acres. 1t is my desire that if
l die in Montana that my remains be
lad IN said cemetery: also, that when
my sister, Caroline Viola Kelley, de-
parts from this life that her BODY he
laid by my side.
Il give and beaueath to the public
school OF the said town of Basin the
sum of (s50O) five hundred dollars, (s3OO
three hundred dollars of said sum to
be used by said school for expenses
and ($200) two hundred dollars for the
purpose of purchasing library of suit
aole ana instructive books for the chill
dren of said school.
"All of the residue of nv estate rea,
and personal and mixed, wheresoevsr it
may be found and of Whatsoever II
may consist, I give. bequeath and de-
wise unto my sister Caroline Viola iel-
ley. now residing at No. 945 South Eif-
teenth street. in the city of Denver,
COL. to hold to her and her heirs for
ever.
Il appoint my said sister, Caroline
Viola Kelley. executress without bonds
Of this, my will.
In witness whereof 7 have SIGNED
and sealed and published and declared
TINS instrument as my will at the said
town of Basin, Mont, this the 10th day
of June. A. D., 1895
"(SeaD JOHN D. ALLPORT.
1.-THE said John D. Airport. at said
town Of Basin, Mont on said 10th dav
of June, A. D.. 1895. signed and sealed
this instrument and published and de-
clared the same as and for his last Will
and we, at his special request and in
his presence and in the presence of
each other, have hereunto written our
names as subscribing witnesses.
JACOB LAWRENCE,
"HENRY OSBORN"
The letter accompanying the will is
purported to be written by H. Osborn.
The envelope was post-marked at san
Francisco, Cal, June 80, 1897. 1890 a.
m, and is addressed as follows
Jim Talbot Banker, Butte, Mont
For himself"
A verbatim copy of the letter Is as
follows:
"Sanfrancisco Cal June 30 1897
Jim Talbot: Unknown pard I .ake
the first step to scratch you a fue lines
in behalf of my old friend Jack Airport
who I lately heard passt in his chps in
June 1895 as I and my pard Jake Law
renee was coming from a prospecting
| trip on the east Kootney bound for old
Mexico we camped awhile with my old
| time friend Jack he was nightly glad
| to see me and we'd not met for many
a day besides he was fealing pretty
| mean and low spirited on account of
| getting the worst of it he said with a
| railroad engine after leaving I was 60
| ing by Denver south he askt me If I
| wouldn't deliver a paner to his sister