The Barre daily times. (Barre, Vt.) 1897-1959, 1910-04-12
Is Not Daniel Blake Russell,
Says Judge
DECISION GIVEN TODAY
Sensational will Contest Takes More
Sensational Turn When Decision Is
Given-Third of Russell For
tune Already Spent.

Boston April I2.--Judgs George 7.
Iowton Of the probate court at East
Cambridge, after one and q half hours
review Of the Russell will case, decided
to-day that the North Dakota claimant
to half the sT0o,ooo property Of the late
Daniel Russell Of Melrose, Mas, is not
Daniel Blake Russell. Judge Lawton an
nouHced this decision after only twenty
two hours consideration Of case which
has taken 1914 days to try.
Following the decision District Attor-
ney Higgins and the police refused to
state whether there would be any ar
rests. The claimant and counsel refused
to say whether any further steps would
he taken, and William G. Russell and
friends refused 10 say whether they
would recognize Fresno Dan"
Judge Lawton based his decision on
these facts: That Dakota Dan" re-
ferred to Edward Frentz, a boyhood chum
Of Danny RUSSELL as "French" and that
he said William RusseIl's middle name
was Clifford, when really il was William
Clipton Russell; also on his forgetting
the name Of Bertha York, the girl who
bade Danny Russell last good bye when
he left the Melrose home.
Judge Iawton found further that the
allegations OF conspiracy, periuries and
forgeries against the Pinkertans aud oth-
ers on Williams side were too broad and
general for belief he said that IN the
case the claimant mentioned the name
Of Lizzie Vice and others in northern
New York, whom James D. Rousseau
did not know and whom Daniel Blake
Russell could not have known. This was
the only indication BY Judge Lawton that
he believes the Dakota claimant Is really
Rousseau.
Thousands thronged the court when
Judge Iawton started in at ten o'clock
as he had promised yesterday. to review
the case from notes Every corridor was
iammed with people. Dakota DAN the
counsel and partisans Of both sides fol
lowed the review If Judge Lawton III.
tentiy. It Is said that one-third the Dam
iel Russel estate has been paid il fight
ing the elEim Of Dakota Dan"
With the Hnal argument Of State Sen
ator T.. 4. simpson Of Dickinson M p.
for the claimant and that Of r. W Ma
son for the executors Of the win, Judge
Lawton had heard nearly Eve million
words since the trial began on Sept. 20
Almost 400 witnesses had testified for or
against the claimant The Judge has
had over 200 exhibits to assist BIN in
deciding the case Senator Simpsons
closing words yesterday were almost
venomous in their declaration that some
one should suffer and be was particularly
bitter against Executor T. G. Alnv, Miss
Sarah Aimy. q sister, and Afessrs. J. X.
Berry and e. B. Upton. the personal
counsel for Mr.. Amy. Mr.. Simpson
charged forgery, conspiracy, embezzle-
ment and fraud He called on high
heaven TO right the wrong. which he
claimed these persons had done to bis
client.
The claims Of the second aspirant to
half the Russell property. the Fresno,
Cal, fruit picker, win be pressed by able
counsel. Already the Russell family are
said to have accepted him as Daniel
Blake Russell the riehtfu heir, but he,
too. must 90 before the courts, and per.
haps this same Judge Lawton, TO prove
his case Again the little courtroom will
echo with expert testimony and the
wrangling Of highly paid lawyers until
the three quarters Of a million dollar
estate which the old Melrose merchant
left to his son William, conditionaIly on
the possible appearance of his lost son,
will have been devoared and only the
honor Of winning the case will be left.