Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1912-07-18
North Dakota Dan Has New
Lawyer and Several
New Witnesses
Boston Court Room Crowded
Daily to Hear Dan Fight
For Birthright
New Trial by Far 0utshines
First One 10 Way Of
Sensational Features

BOSTON, Mass, July 17.-The re-
fusal today of District Attorney Hig-
gins to put the Russell claimants be-
fore the grand jury, and let that body
discover and indict the fraud claim
ant for the birthright and fortune OF
Daniel Blake Russell was great dis
appointment to the Dickinson ranch
man.
Dakota Dan, deserted at the elev-
enth hour by Senator Simpson, his
modest fortune swept away by the
first trial, made bold stroke on the
advice Of new found friends, to bring
his fight into the criminal courts.
Attorney William r. Scharton, a
brilliant young Bostonian, has be-
friended the big, honest ranchman
from Dakota, and with few hours
preparation has jumped into the
arena Melrose friends Of Dakota Dan
are rendering pecuniary aid to the
fight with but little hope for winning
much of fortune, for the Russell
estate is believed to have been nearly
spent by this time, but Dan Is fighting
for his birthright and for the punish
ment of those who oppose him.
The new trial far outshines the first
one, for in it are the rival claimants,
one the real heir and the other
fraud. Dakota Dan has heard his
rival swear on the witness stand that
he is Daniel Blake Russell, who ran
away from Melrose in 1885, He can
not express the thought of that course
as he listens day after day to the
sworn testimony of his own life from
the lips of another. Such an experi-
ence comes to but few men, and the
strain shows often on the Dakota
man.
Confident to the extent of chronic
smile, the Fresno man stands at the
witness bench each day. He testified
today that he is receiving ten dollars
q week from the estate and is living
at the Russell home.
"Yes, l am settled for life, and
won't have to pick any more prunes"
he declared.
He testified that he agreed to give
the Fresno lawyers one-eighth of his
share of the estate if theer was no
contest and one-third if the claim was
contested.
He admitted that these lawyers,
Cartwright and Odlin, have been paid
$4,000 by the present Russell estate
tor their services SO far in identifying
him.
Il don't expect to lose," he said
with a smile.
Lawyer 5charton took the bull by
the horns when he took the Fresno
claimant as his first witness. His
clever grill of the fruit picker has re-
vealed strange lapse of memory.
Today the Fresno man could not
swear to the name of one employer
in the west who could identify him.
Not one name of fellow worker
could he give, and he failed to remem-
Der even his employers names in
1909, only three years ago.
His testimony regarding Melrose
people did not divulge anything addi-
tional to the testimony Of Dakota Dan
in the first trial He denied some OF
the statements attributed to him
when he first arriv 1 here, and allow
ed that he later found out they were
incorrect.
Dakota Dams motion for the remov-
al Of George A. Pevey from the ap-
pointment as master in the new trial
has not yet been heard. The Dakotan
claims Pevey was once a business
partner of Ferdinand Almy, executor
of the estate and bitter opponent Of
the first claimant Dan also claims
Pevey has expressed an opinion in
the case.
Dakota Dan reports he has lost
none Of his Melrose witnesses, but
has heaps of new evidence. The
court room is jammed each day.