Omaha daily bee., 1900-09-27
FRuITLEss QUEST ron WEALTH.
Death In q Madhouse of One OF the
Heirs 10 tho DaNIs' MiIIion..

The announcement OF the death OF Ed
ward A. Davis in hospital ward in Chi
cago recalls his fruitless quest for some
OF the Davis millions tied up for years In
the courts OF Montana and FILTERED away
in court costs and lawyers fees. Davis
was a mental wreck long before death
ended his struggle. Years OF battling for
the fortune that he claimed had brought
him sleepless nights and weary days until
his reason tottered and his wife and family
were parted from him by decree of the
courts. Then came the hnal breaking
down, and at last, without a friend to
soothe him in his dying moments, he gave
up the struggle as the dawn OF Sunday
was breaking through the hospital win
dows.
Edward Davis was one OF several sons
OF John A. Davis OF Chicago. The latter
was a brother of Judge Andrew J. Davis
Of Montana, whose death In 1890 preclpi-
tated one OF the most bitter legal con-
tests for millions ever fought in western
courts. The Judge had left an estate
roughly estimated at the time OF his demise
to be worth fully 5000, 900, but later was
found to be valued at about $4,000 900. John
A. Davis was chosen administrator OF the
estate and with his selection began the
days Of suffering and torment for Edward
Davis. his son.
The heirs apparent at the time OF Davis
death we're Erwin Davis OF New York and
John A. Davis OF Chicago, brothers; c. 2.
Davis OF California. also a brother: Miss
Diana Davis OF Somers. Conn; Mrs. Sarah
Cummings of Ware, Mass; Mrs, Harriet
Woods OF Springfield. Mass, and Mrs
Elizabeth A. Bowen, sisters. In addition
TO these there were number OF nephews
and nieces OF sisters who were repre-
sented by Henry A. Root of New York
During the month folio wing the death of
the multo- millionaire a number OF sons
and daughters appeared. The first was
Thomas Jefferson Davis OF Van Buren,
county Iowa, who claimed th 5tate under
the Iowa laws. He claimed Davis lived
with his mother as his wife before going
west. There were also a number of al
legged wives. One was q barmaid IN q saloon
at East Saginaw. Mich; another lived in
Kewaunee, Wis. another lived In Calf
fornia and was living at the time with a
man named Johnson.
An action was brought TO break the will
and was set for hearing February g. 1891,
in the district court OF Montana at Butte
City. Colonel Robert G.. Ingersoll OF New
York appeared as counsel for the Henry
A. Root contestants; ID. II. Payne OF Bloom
field. la. Hon. J. NJ. Wooworth of Omaha,
ex-senator Woolson OF Mount Pleasant.
Ia. W. w. Dixon OF Helena. j. c. Kirk
patrick OF Butte City. Warren Toole OF
Helena and +. W. Richelberger OF Butte
City appeared for the proponents.
The first move was on the part OF Henry
A. Root. who petitioned the supreme court
for a writ Of prohibition on the district
court OF Silver Bow county and a writ OF
mandamus on Judge J. Mediation. II was
al1apad hat hp wa 1rau
and that both jury and Judge were preIu-
diced. Colonel Ingersoll argued the points
and the court decided in favor OF the con
testants.
The trial began before Judge Mediation
and a jury early in July, 1891, and closed
September 8, the jury failing to agree on
verdict. shortly after this trial John
A. Davis, administrator. was accidentally
killed at Victoria, b. c. Since his death
there has been another trial between his
heirs and those who were contesting tho
will, which resulted In some kind OF h
compromise, the particulars OF which have
never been made public.
Among the many contestants and would
be heirs who have loomed up for awhile
are two or three women, who have asserted
that A. J. Davis was their husband. al
though he WAS never married.
The contest was one OF the most stub
born and bitter contests on record; each
side presented an array OF legal talent
seldom equaled; vast sums OF money were
expended in the fight; weeks heightened
into months and months into years, bu:
no final decision was reached and no settle
ment made For few years the case has
| rested. At the present time practically
| nothing remains OF the millions Of A. J,
Davis. Edward Davis did not get a dol
|