Kingsbury County independent. (DeSmet, Kingsbury County, S.D.) 1894-1929, 1908-08-14
AN INTERESTING CASE.

Whiting, and further argument by
the attorneys will take place today in
chambers court in this city.
Mcclellan died at Sioux Falls in
1899, leaving no known heirs at the
time and no will Later three sets oi
claimants to the estate arose, one SET
residing in Ireland, one in Canada,
and one in Arkansas. Each set wanted
a different administrator appointed.
One of them joined in petition to
have Van Epps, of Sioux Falls, APP
pointed, which was granted by the
county court The other claimants
took an appeal TO the circuit court be.
fore Judge Jones where it was tried
to jury in 1900, the verdict rendered
in favor of the Canadian claimants
and Van Epps.
At this trial the Canadian claimants
introduced evidence to show that
| Mcclellan enlisted in the British
army in 1856 aud deserted the same
year. The others showed that the
enlistment and desertion occurred in
1859. His application for citizenship
in this country also figured in the
matter, and a new trial before Judge
Campbell at Aberdeen was had in
1901. The case was tried by Campbell
without jury. Judge Campbell
gave decision against all claimants.
The Arkansas claimants then went
to Ireland and dug up new evidence
and asked for new trial, which was
refused by Judge Campbell upon the
ground that the petitioners had not
used due diligence.
An appeal was then taken to the
supreme court, which at first affirmed
Judge Campbell Latter the court
reversed Campbell upon the ground
that the handwriting of the deceased
could not be determined on affidavit,
but only upon full trial, and granted
new trial.
This sent the matter back to Judge
Jones, but he, having tried the case
once, asked Judge Whiting to try it
for him, which the latter did the first
of this year without jury. The
finding by Campbell against all
claimants brought the state into the
matter. as the estate would revert TO
the state in the absence of legal heirs.
The claimants objected to the state
being notified and admitted at the
last hearing, but Judge Whiting gave
notice that if the state was not allow
ed as an interested party at the hear
ing, the court would call in the rep
resentatives of the state on its own be-
half.
At the trial before Judge Whiting
there were eighty Witnesses present
in person or by deposition. The trans
cript of the evidence occupies over
500 pages of type writ matter The
exhibits offered in evidence consist of
Photographic and verified copies of
marriage records and other docu-
ments.
Four experts on penmanship of ma
tional reputation were employed to
prove and disprove what was set up
to be the signature of John McClel
Ian. OF these were David N Car
valho, of New York, who was wit
ness in the Albert Patrick and the /
Mollineaux murder trials and other
prominent cases; Marshall Divis and
G.. G. Curtis, who had figured in
other trials of national reputation
The records and exhibits fill a case
of the capacity Of an ordinary trunk.
A tabulation of witnesses and evi-
dence made by the Court for his own
convenience in considering the case
occupies sheet of paper that would
cover an ordinary desk or library
table. As stated before, further argu
men.s are to be heard today. Judge
Whiting hopes and expects to hand
down decision in the matter before
his regular court work commences in
September.
The amount involved is about $40,-
600, and all the trials had upon the
case SO far are upon the one matter
of appointing an administrator for
the estate. After this matter is set
tied and at the final distribution Of
the estate further contest to deter
mine the legal heirs is possibility,