Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-10-26

titled Dakota Dan as his brother and
he never will. The statement of a
settlement are lies. BY agreement of
counsel on both sides, 1t was decided
to continue the case until next spring,
when it will then be fought to a fin.
ish.'
"Senator Simpson, leading counsel
for Dakota Dan is stopping at the
Commonwealth hotel, and has been
there for more than month prepar-
ing for the renewal of the contest
before a single justice in the supreme
court The case was scheduled to be
called for trial in the Middlesex coun-
ty supreme court at East Cambridge
today.
| when an appeal was taken from
the decision which Judge George Law
ton gave against Dakota Dan Russell
trial before a judge and jury. The
supreme court, however, refused this.
while the Russell will case was
being contested in the probate court
in November, 1909, man who said
he was Daniel Blake Russell of FIRES
no, Cal, appeared and claimed to be
the rightful heir to one-half Of the
100000 estate left by Daniel Blake
Russell of Melrose. d
"Following the decision of Judge
LaWton to the effect that Dakota Dan
had failed to prove that he was the
real Daniel Blake Russell who had
wandered away from his fathers
home in Melrose in 1885, William c.
Russell conditionally accepted the
man, who came to be known as
Fresno Dan Russell, as his long-lost
brother. This was on April ID, 1910"
The statement of the Advertiser is
confirmed by the Boston Transcript
of the same date. The Transcript
adds:
"'Dakota Dan Russell, the unsuc-
cessful claimant in the famous Rus
sell will case, denies today that he
knew anything about the rumored set
Element in the remarkable struggle
for recognition as the long lost son of
Daniel Russell of Melrose He says:
"'There have been conferences be-
tween the attorneys for several days
past, with a view to peaceful set
Element of the case. A conference
was held in Boston yesterday. at
tended the first part of the meeting,
leaving early with instructions from
my counsel, Senator Leslie w. Simp-
son of North Dakota, to be present
at court this morning.
Late last night Mr.. Simpson noti-
fed me that it would be unnecessary
for me to appear in court today. He
would give no reason over the tele-
phone, and as l have not seen him
since, do not know why the case
has been put off. 70 me, however, 1t {
looks as though something had been
"Mr. Russell said also that he was
trip to his home in
North Dakota, and that he should
probably leave, accompanied by his
within two weeks.
meanwhile, the question arises,
what of Fresno Dam who last April
was accepted by William G. Russell
If Melrose as his brother? He has
been living in Melrose as the recog-
nized brother of William c. Russell /
ever since the recognition, but he has
not been accepted by the people of
Melrose as Daniel Blake Russell,
whereas Dakota Dan,' who has been
small hotel in Melrose, has
oeen known as Daniel Blake Russell.
Thus he is registered as voter. 1t
S held by those who have given
hought to the case that Fresno Dan
nay never have been truly accepted
Is the missing heir of the estate, but
nay have been SO accepted tentatively
as bluff until Dakota Dan could be
proved beyond all question an impos-
er. No transfer of property has been
made to Fresno Dan,' and he has not
to compel the transfer.
He has not been a part in any legal
and has not compromised
himself in any way in the sense of
he law.
1T may be that it is the intention
If the attorneys in the case to have
he case postponed indefinitely. The
'nly disruption of such plan might
'ome from Judge Lawton, who might
six for an accounting of the estate, a
ling of bonds by the executors COM
lied with and division of the prop
'rty made.
Senator Simpson said that Dakota
Jan probably would return to North
Dakota in a month or six weeks and
Wind up his affairs there, then return