The Dickinson press., 1913-02-22
WILL DAN RUSSELL WIN?
FAMOUS CASE NEARING END

time Attorney L. A. Simpson started
in the case in April. 1909. will be
interested in the following dispatch:
Boston. Feb. 17th.-'After four years
of the strangest litigation the Russell
case, famous in forensic history as the
longest trial ever recorded, is approach
ing its end. and it is believed that it
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
Melose, Mass. died. He had two sons
William c. and Daniel Blake Russell.
In 1885. however, Daniel Blake Russell
mysteriously disappeared. Daniel
Russell has requested in his will that,
il Daniel Blake Russell should return
within twenty years of the ~testator's
death, William c. Russell should share
equally with him in the estate.
In 1909 Dakota Dan" appeared as a
claimant. saying he was the lone lost
Daniel Blake Russell. The trial Of his
claim took 123 court days before judge
Lawton in the Middlesex County Pro-
bate Court. During the trial a great
many persons in Melrose testified that
Dakota Dam was the person they
remembered as Daniel Blake Russell
Others could not so remember.
William c. Russell, who opposed the
claims of Dakota DAN, and refused
to acknowledge him as his brother.
Rousseau and some of their children
from northern New York. who said that
the claimant was not Daniel Blake
R11cc0Il h,,e fnoSr NJ or1 keokl@r ~
spectively. The court decided that
Dakota DAN was not Daniel Blake
Russell. Thereupon the claimant ap-
pealed to the supreme court against the
decision given by the lower court in
1910. Shortly after that Fresno DAN
made his appearance in Melrose and
was recognized by William c. Russell
as his long lost brother. The appear
ance of this rival claimant greatly
complicated matters. and the fact that
he was Endorsed and accepted as the
true claimant by William C.. Russell,
WHO was most vitality interested in the
outcome of the litigation. made
Dakota Dan."
The second trail began before Gilbert
A. A. Pevey of Cambridge. appointed
master OF the state supreme court. on
July IL. 1912. and has continued without
material interruption ever since. The
master has held sessions on more than
$50 court days and considerably more
than three hundred witnesses have been
heard. While the former trial was a
record breaker in length it is eclipsed
by the present hearing. The sheets of
typewriter testimony at the former
trial, piled sheet on sheet, made a pile
more than six feet high. The present
hearing has far exceeded that record.
Under Massachusetts procedure, it is
stated, there can be no appeal from
the decision Don to be expected. there
being no higher tribunal in this Com
mon wealth. There may be arguments.
however, On the exceptions as to the
rulings of the Master, which may ma
terially add to the length of the trial.
The case has aroused a great deal of
interest and public opinion, from the
very beginning of the trial, has been
divided into two factions. one believ-
ing in the justice of Dakota DAM
claims and sympathizing with him, the
other believing Fresno DAM to be the
true claimant entitled to q share in the
Russell estate.
Many OLE residents of Melrose were
called upon the witness stand and while
some were positive that Dakota DAM
was the right claimant, others contra
dicted this testimony and were equally
positive that he was moi Daniel Blake
Russell. In a general way it may be
said that the sympathies of the ma
jority were with dakota Dan" whose
testimony at the hearing to establish
his identity seemed to be far more con-
elusive than that of his rival claimant,
who displayed a remarkable lack of
memory and astounding ignorance of
matters with which the true Daniel
Blake Russell should have been
thoroughly familiar"
Attorney Simpson stated to the PRESS
this week that he had every reason still
to believe that Dan Russell is the
rightful heir to the Russell fortune, but
1t is hard to tell what the outcome will
be. Mr.. Simpson is of the opinion that
it will be at least two or three weeks
before the case is concluded.
Do you know that more real danger
l,sa1A - - .>11 IT,