Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-04-13
CLAIMANT REJECTED.

nounced by Judge LaWton OF the pro-
bate court as one who had attempted
to defraud the estate of Daniel Rus
sell of Melrose, the man from Dickn-
son, n. D., who has been attempting
to prove to the court that he is Daniel
Russell, son of Daniel Blake Russell,
stalked out into the street today and
was hailed as hero by a great crowd
of the curious. 1t was evident that
| ne had convinced many of the persons
who had listened to the testimony dur
ing the 1874 days of the case of his
identity as the son who left the Russell
nome many years ago and dropped out
of sight. He thanked the crowd for
| its sympathy and his counsel. State
Senator Simpson OF North Dakota,
gave notice that he would Immediate
~ appeal the ease to the supreme
court of Massachusetts. Meanwhile it
| is expected that the Fresno. Calf,
claimant to tn" name of Daniel Blakf.
| Russell and to share with William
| G. Russell of Mclrosc in the estate of
Daniel Russell will have his claims
aired in the probate court.
| 1t is seldom that a decision has been
awaited with such intense interest
For few seconds after judge LuWton
had ceased reading his decision, which
occupied an hour and a half, there was
absolute silence Then came muttor-
lnSS. not loud but deep. but before
they reached an uproad the court Of
ticcrs hustled the crowd out of the
courtroom, so that it was in the broad
corridors that the spectators, many of
| hgA a
mony, gave vent to their Sy,npathetic
| leeilhGS toward tn" Western ranch
| man Men ana women crowded round
MN and in every possible way showed
their confidence in him The defeated
claimant was followed by Il cheering
thfong across Tia" bridge to his Boston
hotel In the crowd, close to his heels
was member of the state police.
Judge Lawton'S decision and r%ro-
cially has words commenting the
| action of tn" counsel for inc o.
tate, particularly Lawyer T.. e. Upton,
greatly pleased the family, the executors
| and the six lawyers. although not one
would say word regarding the out
| come of the long fought case. or what
| Fresno. Calf, claimant, who it is said.
has been recognized as the real Daniel
Blake Russell.
1t was 10 a. NJ. when Judge T.avton
appeared on the bench armed with "A
mass of notes. 1t was soon seen that
the judge had considerable to say re-
gardii & the three million words of cv-
Idence which have been placed before
him since last September. For a while
he gave no intimation of his coucIu-
Sions, but Is he neared the end his
words became more and more bitter
toward the Dickinson man
Said tho Judge: After all t.teeo
months of evidence. conclude this
conspiracy which was alleged to have
been arranged, and which embraced the
stealing of poStoiice stamps forging
of letters, Subornation of forgery. and
other similar crimes, to be without fuun-
dation n fact or III allegation. Pro
tcssion;1 detectives have collected cV-
idence. when must he regarded as true
These photographs which are said to
he those of James Rousseau of Messena.
y. Y. must also he regarded as gen
uine.
"Nc!tncr the respondents 'MesSrs.
f. c. Amy and William c. Russelh.
nor their counsel have been anything
except honest III their defence of the
Russell estat" against an impostor aut'
a dishonest claimant."
Referring t. the LAWYER T.. G. Upton
who has been severely criticized. Judge
Lawion said: Il find this upright
gentleman employed as counsel T."
he absolutely innocent of evcry charge
made against him and | am sure that
he will continue to be honest and Il
credit to the bar"
Then came the conclusion: And final
" | find that none of three petitions
now before this cour; We're brought
bv Daniel Blake Russell. but by one who
attempted to impcrsouatc him and de-
fraud the Russell es hlte. The petit
TONERS are therefore dismissed
Senator Simpson will hay" so days
to file 4 petition for an appeal. which
if allowed will bring the case before
tho supreme court of MiddleseX county
for a trial by jury probably next fall
or winter
In the meantime it is expected that
the Fresno claimant will file ms petl-
tior in the probate court and 1t Is POS
sble that il may reach hearing next
winter