The Calumet news. [volume] (Calumet, Mich.) 1907-1938, 1913-02-17

DECISION WILL Be FINAL
Dakota Dan, Who Seeks Fortune,
Soon to Know Verdict
CLAIMS he IS MISSING HEIR

Boston, Feb. 17.--After four years
of the strangest litigation the Russell
case, famous in forensic history as the
longest trial ever recorded, is APP
preaching us cnd and il is believed
il will reach its conclusion within
another week. The history of the
case may be said to date from the
year 1907, when Daniel Russell. a
wealthy resident of Melrosc, Mass,
died. He had two sons, William G.
and Daniel Blake Russell. I'm 1885,
however. Daniel Blake Russell mys-
tcriously disappeared Daniel Russell
had requested in his will that, if Dan
icl Blake Russell should return with
in 20 Years of the tcstator's death,
william G. Russell should share
equally with him the estate.
In 1909 Dakota Dan appeared as
a claimant, saying he was the long
lost Daniel Blake Russell. The trial of
his claim took 123 court days before
Judge Lawton In the MiddlcseX Coun-
~ probate court. During the trial "A
grca; many persons in MClrosc tcsti-
fed that Dakota Dan" was the per-
son they remembered as Daniel Blake
Russell; others could not SO remem-
Der
Dakota Dan" Poses.
William G. Russell, who opposed
the claims of Dakota Dan and re-
fused to acknowledge him rs his bro
thcr brought forward Mr. and Mrs.
James Rousseau and some of their
children from Northern New York,
VINO said that the claimant was no;
Daniel Blake Russell, but their son
ana brother. respectively. The court
decided that Dakota Dan was not
Daniel Blake Russell. Thereupon the
claimant appealed To the Supreme
Court against the decision given by
the lower court in 1910. Shortly after
that Fresno Dam made his appear
ance in Mclrusc and was recognized
by William &. Russell as his long lost
brother. The appearance of this rival
claimant greatly complicated matters
and the fact that he was endorsed and
accepted as the true claimant by Will
liam G. Russell, who was most vitally
interested ia the outcome cf the lit
isaiiou, made matters great deal
more difficult for Dakota Dan.
Final Trial OF Case.
The second trial began before Gil
bert \. A. Pevey of Cambridge. ap-
pointed master by the state supreme
Court, on July IL, 1912. aud has con
ttnued without material interruption
ever since. The master has held scs-
sious on more than $50 court days aud
considerably more than three hun
drcd witnesses have been heard. While
the former trial was record breaker
IN length IL Is eclipsed by the pres
'ni hearing. The sheets of typewrlt
ten testimony at the former trial, piled
sheet on sheet, made n pile more than
six feet high. The present hearing
has far exceeded that record. Under
Massachusetts procedure, it is stated
there can he no appeal from the de-
cision soon To be expected, there be-
monwealth There may be arguments
however, on the exceptions as to tho
rulings of the master. which may ma
terially add 10 the length of the trial
Much Public Interest.
The case has aroused "a gccat dea
of interest aud public opinion whicl
from the beginning Of the trial 'ia'
been divided into two factions. on'
believing I'm the justice of 'Dakott
Dams claims and sympathizing will
him the other believing "fresno Dan
tn be the true claipapt entitled to
share in the Russell estate.
The testimony jn both the first an'
The second trial 1was Cftcn highly dra
matte and SENSATIONAL and at ever!
sitting of tie. court the court room
was crowded with Interested specta
tors. ono of the most dramatic bit
o' testimony In the second trial o
hearing was the rcappcarance
Edward w. F'rentz. who testified II
The former hearing that Dakota Dan
was not the Daniel Blake Russell. tn
missing son of the late Daniel Russell
At the second hearing Frents wa
again called upon the witness STAN
and declared that Fresno Dan wa
the Daniel Blake Russell with whor
he had played as n boy,
Many Favor Dakota Dam
Many old residents of Melrosc wer
called upon the witness stand an
While soma warn t,ositiya that "IpkO
10 Dan" was the right claimant, oth
ers coutradicted this testimony an
We're equally positive that he was ne
pahiel Blake Russell. In genera
way II may DO said that the sympa
.hies Of the majority were with "Da
kota Dan x.l,,.k ta,ttc,oov M fh