The Dickinson press. (Dickinson, Stark County, D.T. [i.e. N.D.]) 1883-1927, 1909-10-23

quest and hope that my son. William,
ishare with Daniel equally and justly
whatever Of my estate he may hold at
'tht time Daniel returns" f
More than two years elapsed before
any direct news was received con-
ceenins Daniel Blake Russell. although
late in 1908 there were vague Eumors
Of :snme one in the west who claimed
to be the man. ''s" .t''+' ':@'t 'f'f''
1n April last. however, a guest ap-
pea,M at Youns's hotel, Boston. regis
tered as Daniel Blake Russell, and. ac-
conpanied by a lawyer named Traxler
Of Minneapolis. set to work to establish
the claim that he was the real Daniel
Blake Russell. He wrote letters to his
,brether and to his aunt, Miss Hannah
Ldnde. met many men and women who
were friends of Daniel Blake Russell in
youth, and convinced majority of the
genuineness of his claim.
His brother and Mr. Almy. however,
denied his identity and denounced him
as an impostor. and a few neishbors
end early acquaintances Joined in the
outI1y. while others were still left in
doubt. ..- -
The claimant suffered from the east
winds and was obliged to return home
for a while. returning here about July
I. accompanied by his attorney, State
Senator Leslie A. Simpson of Dickin-
son, N. D.. and at once engaaing Nelson
L. Sheldon of Boston as associate
counsel. e :
Proceedings were begun in the pro-
bate court on petition of Daniel
Blake RUSSELL declaring his identity
as the son and heir of Daniel Russell,
deceased, and asking for an accounting
of the estate (Which had never been
aled, the filing of an account by the
kexde1toEs. and the discharge ot the
receiver of the estate of his mother,
Mary L. Russell. So,
A preliminary hearing was given. In
July and on September 20 the case came
to trial on its merits before Judge
Lawton. The claimant was represented
in court by Messrs. Simpson and Shell
don. and the respondent executors by
Robert w. Mason. Thomas w. Proctor,
John K. Berry and Eugene c. Upton.
The presentation Of evidence. was a
battle royal from the time the first
witness took the stand until the hear
ing was suspended Friday night, not
to beSresuned until November 1 and
was a fitting fector in one uf the most
remarkable and spectacular cases in
the history of American practice. The
most sensational features of the hear
ings were connected with the cross
examinations. in which Messrs. Mason
and Proctor. (both of whom have been
prosecuting attorneys in the criminal
courts Of Massachusets are past masters,
while their match was found in the
wiry little Simpson. himself an ex-
states attorney of North Dakota, ably
seconded by the more stolid. but not
less alert Mr.. Sheldon,
Proctor and Mason are philosophic
exactine and a trihe au thoritative.
while Simpson, the Maine Yankee with
the western training, is suave. seductive.
covering his, trap with such pleasant
exterior that the victim first learns of
its existence when he is caught.
The main points of the testimony,
bereft of verbiage thus far admitted.
are as follows:
The portion relating to identity of
handwriting and pictures, presented by
the; respondent, was objected to by
Mr.. Simpson on the ground of incom-
potency and irrelevancy. in that it
was not in any way connected with the
claimant, whether he be Daniel B..
Russell or not. and was admitted de
bene until after. the sure connection. 81
Then follows the testimony Of claim
ants witnesses, much of which hns
already been given in the PRESS. The
Boston paper comments on the testi-
mony as follows:
Up to the time Of this startling
Opening. some 40 witnesses had been
called and had testified for the plaintiff
and 8f them more than 40 neithh0ra