The Fargo forum and daily republican., 1910-04-05


said positiely that the letter. wer
written by him. Just as positivet
other experts have declared that the,
are simulated writings created to de-
fraud"
4 Pictures, by the dozen, have been in,
troduced by both sides, either to se
up or disprove the petitioners claim
lock OF hair, produced In court
was declared to be that of Mrs. DAME
Russell. whose son the claimant de,
clares he Is; and against his word wa
that of Mrs. Sarah Ruseau, who as.
serted that she is his mother and thai
the hair came from her head.
Russell" on the Stand.
After much preliminary evidences
was In, the claimant himself took the
stand and was examined and cross
examined during fourteen days ot
hearing. He told of his life as he re-
called 1t before and after he left his
Melrose home. He gave many Incl
dents of his youth there; he described
the people he claims as relatives. drew
a plan of the Russell homestead and
told how ii was furnished when no
went away. William c. Russell. on the
stand, has denied the accuracy Of
many Of the claimants statements and
Williams testimony, in most cases.
has been substantiated by his cousins.
Ferdinand and Sarah Almy, and by
his aunt, Hannah Lynde.
Thus at the close of the mass Of
declaration and counter-declarati
involving the word Of upward Of 200
witnesses, and covering between 10000
and $4,000 typewritten pages OF re-
corded testimony, we have come to
what lawyers call the surrebuttaI. IT
is the very last ditch.
The Elder Brothers Attitude.
Except for a period OF six weeks. the
claimant. surrounded by his counsel
has been present at practically every
session, and his wife has sat near in
the spectators seats. For many weeks
and until he was wanted as a witness.
William G. Russell was not in court.
since his first appearance, however, he
has been constant attendant; and the
TWO men, brothers according to one of
them, sit only few feet apart. Occa-
slonally they look at each other with
interest, but they never exchange any
word. AS rule, the petitioner pays
close attention to the testimony and
William Russell always does. Daniel
Russell on the stand was at times an
independent witness; he was not led
easily, even by his counsel, and under
cross examination he often showed re-
sentiment when sharply questioned. |
his answers were given. with decision |
ana during his fourteen da.s on the
stand he showed great physical endur- |
ance, no doubt bred by his outdoor
life and his later work on his western
ranch.
William Russell was a careful Wit
ness. He never answered until he fully
the question. He testified
earnestly and il was apparent that he
endeavored to make his replies as eff
tective as possible. Whereas the claim
ant showed feeling when pressed In
cross examination. William Russell at
no time has displayed emotion.
Exciting Moments in the Trial.
In the long course of the trial there
have been many dramatic incidents.
both from unexpected testi-
nony and the introduction of wit !,
1esses and features which have an I
oeared, temporarily at least, to set
back one side or the other. Early In
he trial there was talk OF an Indian
woman, Mrs. Mary Cook, who 1T was
'aid had quarreled with James Ruseau
It a husking bee out in New York
state. The story was tint as the re-
'ult Of the quarrel he had lost the lobe
u one of his ears. This Indian woman.
therefore,, was brought in by the re-
'pondents. but far from picking ont
he claimant as the James Ruseau of .
Ter knowledge she wake. from the
Itand to the farther end of the court
oom and selected a Melrose citizen. 7
Who had happened in, and addressed t
linn as Jim" !
Another interesting occasion was
when William G. Russell was on the
tand and the claimant was requested =
NJ MT simpson to stand beside him r
OF the comparison of features. IN i
leight In size of feet and In color of T.
yes the two men appeared to be SINH
ar. The claimants hand, moreover. :
Vnen placed ON that OF william Rus
Fli seemed TO be about the same size
was more muscular, and this Mr..
simpson pointed out was due to the
ARD work done by the claimant forI
Wenty nve years. If the claimant and
william Russell are brothers this hard
York Is responsible, doubtless. for :
tner physical differences between :
nenl William Russell is slender and
eilcate IN appearance. he has an air
nucn refinement. and is apparently
very studious man. aIle claimant
braWny, good natured, and easy 20 n
1gs both he and William T3,.aaA1f =
oWeyers have d ninilar stoop ana 4 =