Golden Valley chronicle. (Beach, Billings County, N.D.) 1905-1916, 1913-02-21

0oeoAa, s0. t|'"AItef Tour
Yeas of the strangest litigation TIE
Russell case. famous in forensic
history as the longest trial ever
recorded, AZ approaching its end.
and it is relieved that it will reach
its conclusion within another
week. The history of the case
Z 4ay be said to date from the year
1907. when Daniel Russell, a
wealthy :cs;dcl:, of Melrose. Mass.
died. He had two sons. William
c. and Daniel Blake Russell. In
1885. however, Daniel Blake Rus
sci, mysteriously disappeared
Daniel Russell has requested in his
will that, if Daniel Blake Russell
should return within twenty-four
years of the testator's death. vii.
liam c. Russell, should share equal
ly with him in the estate.
In 1909 Dakota Dan" appear
ed as claimant. saying he was
the long lost Daniel Blake Russell
The trial Of his claim took l23
court days before Judge Lawton
IN the Middlesex County Probate
Court. During the trial a great
many persons in Melrose testified
that Dakota Dan" was the per-
son they remembered as Daniel
Blake Russell; others could not so
remember.
William c. Russell. who oppos-
ed the claims of Dakota DAN"
and refused to acknowledge him
IS his brother. brought forward
'1r. and Mrs. James Rousseau and
'ome of their children from north
crn New York, who said that the
claimant was not Daniel Blake
Russell, but their son and brother,
respectively. The court decided
that Dakota Dan" was not Dan
;ei Blake Russell. Thereupon the
claimant appealed to the supreme
>ourt against the decision given by
he 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 appearance of this rival clai-
mant greatly complicated mat
ters, and the fact that he was in
dorsed and accepted as the true
claimant by William C. Russell,
Who was most vitality interested in
the outcome of the litigation.
made matters a great deal more
difficult for Dakota Dam
The second trial began before
Gilbert A. A. Pevey of Cam
bridge. appointed master by the
state supreme court. on July l6,
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 hun
dred witnesses have been heard.
While the former trial was a rec
ord breaker in length it is eclipsed
by the present hearing. The
sheets of typewriter testimony
at the former trial, piled sheet on
sheet, made pile more than six
feet high. The present hearing
has far exceeded that record. I'm
der Massachusetts, procedure, it is
stated, there can be no appeal
from the decision soon to be ex-
oected. there being no higher tri-
bnnal in this Commonwealth.
There may be arguments. how
ever, on the exceptions as to the
rulings IF the Master. which NAV
materially add to the length if the
trial.
The case has aroused a great
1eal of interest and public opin-
cn. from the very beginning of
the trial, has been divided into
two factions. one believing in the
Justice Of Dakota Dan's claims
and sympathizing with him. the
other believing Fresno DAN to
be the true claimant entitled to a
share in the Russell estate.
The testimony in both the first
and the second trial was often
highly dramatic and sensational
md at every sitting of the court
he court room was crowded with
interested spectators. One of the
most dramatic bits Of testimony in
he second trial or hearing was the
temperance of Edward W..
Frentz, who testified in the form
er hearing that Dakota DAN was
not the Daniel Blake Russel, the
m;.sine son It the late Daniel Rvs
ell. At the second hearing
Trentz was again called urnn tn.
witness stand and confronted
with both claimants. After q
careful inspection of the two men
she '~itr-ss declared that "Fre..
% Dan was the Daniel Blak.
2ussel with whom he had playee
IS =. boy.
Many old re.ident. Of Melro.'