The Anaconda standard. [volume], September 05, 1891, Page 4, Image 4

About The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970

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THEANACONDA STANDARD: SATURDAY MORNING. SEPTEMBER s 1801.
NTALLOT
DavisMillions Waiting^for a Verdict
THEEND IS AT HAND
ColonelIngersoll's Brilliant Plea Be^^fore the Jury.
THEJUDGE'S FINAL WORDS
A Famous Case In Its Closing^Scenes-The Twe va Jurors^Sent Out and Lockod^UpTlll Morn.ng.
ri'TTE,Sept. 4 'J lir mute Mi ss clo-^queiie-cof liiffi-rsoii f Where- will t^nv look^fur tin' liki- at it '.' What other 111:111 I.v-^ing has tin' faculty uf blending a*it and^humor, uud pathos uml fae I, ami logic^with sj| cxepiisilo grace, Bf with ruieh^Impressive force^ Coloue-I Sauilrm^Im gge-d the j ry tins morning to beware^of ihe oratory of Ingcr-i 1 at it lrunt-^ccnde-el that i^f Greece. Sanilcri w.ih nnl^very far umiss. In fierce ami terrible in*^vect.ve lugcrsedl is not to Ix* compared to^Demosthenes^or, for that m it it r, to Wil^^bur 1'. Sanders, lint in no othe r rr^|^^ i't^is cither De'inosthencs or Sunders h'k su^^perior. To u modern atieliciice, at least,^De'iiiosthcucs on the i rowu wouUl seem^a pre-tly poor sort of affair hy ihe sielo^ol lugiTsoll on tin* Davis Will. It was a^gre ut effort, ami its chief greatness I ty in^Itit extreme simplicity. Iiqvvccn the la^^bored, turgid, highly rhetorical oratory of^Sautlcrs anil the plain, consi'iousle-ss ef*^feetive cloqui-tiee of Ingersoll the contract^wsh sharp .hi'I viv.il in the la-I decree.
Ingcrsnllstopp il up to the jurors as^near as he assjsl gel nml kept walking^slowly up anil (low 11 Isidore' them. At
tittiestie would single out a s.llglc jury*
man,ston in front of him, gaxo steadily^into his face and direct his remarks for 11^minute it two to that one 111 ill alone.^Attain he would turn and address himself^to Colonel Sanders, Judge D.xoii or some-^body else of Ihnse interested HI establish-^ing the will as genuine. At tunes the^gruvity of (he jury and the audience was^so comple ledy upset that the judge had to^rap tor order, hut presently^the colonel would c 11 u n g ^' his mood and^the utidiciicc would he hushed into dec li^^es! silence. If the jury could have re^^tired Immediately upon the conclusion of^IllgeTsnH's argument, there is little dolllil^as to w hat the verdict would have been.^If Jtige-rsoll hiiii-clf is not absolutely con^^vinced that the will is a forgery, he cer^^tainly hud the art of making peoplu lie*^In ve that he was so convinced. He said^be hoped hi' might never win a ease that^In- ought not to win as a matter of right^and justice, the uli a winch he sought^to rouvi y and which he did convey, ai^least lor the litlio being, was that he lie-^licveil he was right, no tuattt r whether he^could make others hi lu ve as he did or^not. In that tics liige-rsoll's power.
Whetherhy accident or design, the^will cot torn tins morning. A pu ce lit^the torin of a triangle was torn from one^end. Ingersoll made ipnie a point this^afternoon hy passing the pieci s uroutid^among the jury, mid asking each man of^tin in to note that the ink u. tlie lorn^edges had not sunk into the pu|m r. In^doing this he adopted 11 conversational^tone and kept prosing the point until the^Junr he was working upon nodded his^head III approval.
I'.othJudge Dixon and I oloned Sanders^interrupted Ingersoll inilv in Ins speech^to lake exception to certain of Ins re^^marks, but the colonel's dangerous repar^^tee and delicate art ill tw istnig any thing^they might say to Ins own advantage toon^put a stop to the interruptions and the^t-pcuki r hail lull sway during the rest of^the tune at his disposul. 'I he crowd^it^was us big a crowd as circumstances^would permit, every available inch of^space 111 the loom and in the court hoiisi^cotridors being i-ecupn 1 ^enjoye-d luge-r-^soil's speech immensely,anil only respect^for the pr iprst^:ios ol tin- place prevented^frf^|iieul bursts of applause as ail accotn*^pautnicut to the frequent bursts of elo-^qUellC^.
lugeraoll'eargument sumtiied up was^this: First, that Job Davis did not writi^the will; Nicond, that James K. Eddy did^write it; third, that the Knight will re^Vokcel the will of 11*60, 1 veil sunposing^that that will was genuine. Lath of^these contentions, he held, had been cs-^tsblithcd Ih-youd nil dotint..
Ingersolleouclutled bts address a little^after 3 o'clock, and was followed by Mr.^Wools.tiIi lor the proponents, who^wound up the summing up.
Mr.Woolworih set to work with a^right good will to lireak the force of In-^gersoH's argument. This great case was^nearly ut its close. People's nerves were^strung to a pretty high ten sion, and in^about the middle of Mr. Woolworih . ad^^dress a dramatic and exciting scene oc^^curred which fairly stupefied everybody^in the room. Mr. Woolworih was speak-^ing of the honorable career of Ju.lgo^Tremble of Iowa, the gentleman who had^Interested himself for the proponents.
Hewent te the war.^ said Mr. Wool^worth, ^and fought Valiantly for in* coun^try. He wus not a man w ho went to the^war, and fell sick at the tlr.l battle and^went back home uud stayed there, never^returuitig to the scene of conflict.
Whodid^'' demanded Colonel Inger^^soll.
Iwill not be interrupted,^ said Mr.^Woolworth.
Whodid!^' repeated Ingersoll in a^louder tone.
liont interrupt him,^ said Judge^Dixon. ^We did not interrupt you.
Iwill sated ant bun every tune if he^ti lis a be,^ arted Ingersoll.
Men'slares turned w Into.
Therewas an uproar of voices, air.^Woolworih. Judge Dixon, Colonel San^^ders anil Mr. M^^ rs all s|m-akitig at once.^Colonel banders didn't say much, but he^laughed a dei p. gutteral ^Hat ha! hat'^like the heavy villain in the play.
Thecourt rapped fiercely lot order and^Mr. Woolworth, elevating his voice, want^on with ids address to the Jury.
ColonelIngersoll settled hack in bis^chair and, 111 a low voice, winch, how^^ever, was perfectly distinct and audible^in the further corners uf the room, said:^^il- is a liar.
Keepstill,^ said Judge Dixon.
Nothingfurther wus said 011 the subject
untilMr. Wno'wnrih hid fl'iishrd his nil-^lies, in the jury 'I'll m he m.il 1 hat Co.-^^ti I lugersoii lati ^re I under a MsswSsV^ri pt 0-1 of hi. mi ailing.
Sir.Woolworih got tnr tubal oei'clevck,^mm Judg-* Mi II tito 1 straightaway rea l^his ehnrg ' to tin-jury fri 111 a IgBSJ wr t-^n it 4m intent. I lie charge was generally^conceded to h* eminently fair. The^r^ ad ing coiisuin d about half nn hou-,^and tlien the ^ Mi its who are to take^charge of the jury were sworn, the au^^dience di^|n r-eil and Ik* fate of ti e will^wns in the hands of the j irors at l ist.
Whencourt ailj lurneu at 5 o'cloi k the^jury retired to tln-ir room and were shut^mi from the world. At 7 o'clock the sher^^iff escorted them to the Metropolitan res^^taurant for BSJMJM*, At a late hour it was^understood that a foreman had not yet^heen cho-. n. At 11 o'clock 11 ih t^n cots^were provided, the j 1 lg^ went h .me and^the court house wa^ closed for the night.
SANUERfLAST WORDS.
1lie MSMgSgi telole. I'lnl-lies tins uf^Ilia (iic eltst I ll.o r
ColonelSanders r-eril to the bat again^01 1U o'rlirk 111 ^ morning. II^ finished^the speich, which he began yesterday^afternoon, in less than h ilf an hour. He^Slid that as a type ut the witnesses^hy whom the oiler sido hid ut-^t^ nipti d to in I'l aeli the e li'iriic-^t. r of Mr. be nee, he would^sell ct William t^. Jackson, sr., who dur^^ing the war had been beat* n by Sconce^in a c ontest for the captaincy of tlie home^guards. Dining all these years that dc-^leat bad In en wratikiing in Jackson's^ireast. Mr. Myers had said that Eddy^had skulked, vet Eelely had been here all^these live week-, and under their Dfysj
MthpiM-na,tIn o|Muiiug they bad
claiuieiltheir ability di icctly to establish^that K Idv wrote the wil I. I In y had done^nothing of the sort. A lletitioiis iiidivid-^ital named Uwyer hud la en held over the^tieads of the witnesses for the propo^^nents. They were askid if they did not^say so and so and do so and so in the^presence of Mr. Dwycr. Who s this Mr.^ilwyer^ Where is he'.' Why wasn't be^brought lorward'.' Thai was simply^making n threut to contradict our wit^^nesses, a threat they could not accom^^plish.
Inregard to the acid test, Colonel San*^lei s said the other side, just before It^took place, put their profassionul wit^^nesses on the stand und made a ridicu^^lous attempt to lu-ilge and break the^force ot lit ir fall. 1 hey trn d to make^out that there were two kinds of logwood^ink. mndt ru and ancient. No such differ*^elice exists in niiture. Colonel Sanders^riticised the testimony in relation to the^Knight will, saving that Mr. Knight could^not lix the date, il was made, (^^ said,^sonic tune between 1st; ami IM*^ .1 per-^oil of five years. Judge lluvs Was a^uisiiiess man, he hail uccuttiulatcd vast^pro| erly and 11 is uaiuial to think that he^mid have secured the services of a^lawyer skilled ill the conveyance of his^property to draw up bis will. Instead of^that the aid of Mr. Knight was invoked,^Mr Knight, u man totally unskilled 111^such business, and the only reusoti ihat^Mr. Knight could assign was the sugges^^tion that Judge D ivrseamcto him to savo^money. Colonel Sanders reviewed all the^testimony 111 relation to the Knight will^and said the story did not cohere. Then^the speaker passi d on to the faulty BpoU-^ing 111 the will, and said that tlie Ccniury^dictionary gave no less than four differ^^ent ways of spelling the word ^give.^ All^the pis r spelling in the w ill could^he explained in a way ttiat was^natural, reasonable and pr. per.
inall on! book,'' said Colonel San-^lers, ^occur the words 'My son if sinners^entice thee consent thou not.1 1 will not^applv th s to you, gentlemen of the jury.^1 In 1 1 have a right to demand of von dial^you html your minds and hearts free^from all intlueueet calculated to swerve^you until y hi have heard the 1 ist words^in tins case.^ The colonel ciijiiuetl^lln in not to he iM'ttiidcd by the eloqsjajasjs)^of 11 man who was famed for Ins elo^^quence over two continents uud 111 ihe^islands of Ihe sea, a man wuose elo^^quence fittingly transcended that of^Greece 111 the time of Alexander. The^colonel plastered Ingersoll all over with^taffy, and. with a word of thanks to the^juiy tor having so patiently listened to^mm, he took hu seat.
THE INLibHs-OLL SPEECH.
Ilrllllsut Oratory li.taksd Against the^Mill of IMtiU
Mayit please the court: Gentlemen of^ti e jury, waiving congratulations, rem -^niscetices and nuuiiadvcrsioua, 1 will pro^^ceed to the business m baud.
1 here are two ptincipal and import^^ant questions to b* ileriiled by you. first.^Is tho will hought to be proband the will^of Andrew J. llavis*.' Is 11 ucnuiiie^ Is^it honest ^ And, second, did Andrew J.^Ituvis make a will afier Im.. revoking ail^former wills, or win* Me provisions such^that tiny were inconsistent siih the pro^^visions of the w ill of lNMi'.' Tin se ure the^qui stlons, ami as wc examine them^other questions arise II at have to he^afssweevd, 'Ihe first question then is:^Who wrote the will of 1m,i,'.' Whose^work is 11'.' When, where and by whom^was it dene V
And1 iloii't want you, gentlemen, to^pay any attention to w hat I say 11 des, it^appeals to your 11 tisou and 10 your good^sense. D ui't be afriii I of me b cause 1^am a sinner. 1 admit ihat I am. 1 am^lint like the other gentleman whotlianked^ttotl that he was not as other men. 1 have^Hit faults and frailties common to the^human race, but in spite ol being u sin^^ner 1 strive to ne at least a go,Hl-natiircd^one, uud 1 am such u sinner that if then-^is any good m uny other w orld I am will^^ing lo share it with nil tbu children of^men. To that extent, at least. I am^^Muter' and 1 In ne, gentlemen, that you^will not be prejudiced against 111. 011 that^account or dei'itie lor tin* proponent sim^^ply upon the perfections ol Colon, | S.111^tiers. Now, I say, the question 1-:
Tilt Al lllOttslllP tip tilt. WII.I,
Thetestimony aji the prominent is that^it was sTritleSJ by Job I lav,s. We hay. board^a too.I deal, geiith iiu ii. of ihe d.ll. r. tiee^between fact and opinion. There is a^diltei-etice l^ctwccii tact and opinion; but^sometimes when we have to establish a^fact by persons we ate hardly as certain^that ihe (act ever existed as we tire of the^opiun n. ami although oneswears that be^saw a thing or beam a thing we all know^ihat the accuracy of that statement 11.11 t^be th elded by something besides Ills word.^There ts this beautiful p^ etiliariiy in 11a-^turt^a lie never Ills a fact, never. You^only Ut a he with another be, made tor^the txpit ss purpose, Im cause yen can^change u lie but you can't change a f.iei,^and uftcr awhile the t me c lie s when the^last be you tell has lo Im- fitted to a tact,^and right there is a had joint; conse^^quently you must test tli,. s atellicnts of^peoplu who say they saw, pot by what^they say, but by other fuels, by^the s iirrouiiiliugs, by what are^called piobahditlesi hy the naturalness^of the stun-incut. It we only hud to hear^what wiliicssi s say, jnrywew VI 11 d to ^ 1^nothing but cars, their brains could lie^dispensed with; biiiaii^r^aii hear what^tin y say you call a council tu your brain^and make up your 111.nd win-tie r ihe^statement, in view of all ihe circum^^stances, is irue or false, lhd Job liavis^write tins will ^ 1 would be Wiling to^risk tins nit r - rsYSS nn tluii one 1 rrqxMi.^tlou. Ditl Job Davis wrin this wulf And^1 r ropose lo demonstrate to y. u by tbs^evidence 011 Isoih sales that Job List - Jul^not write that will. Why do ls..yso'.'^Fust, the ev.deuce of ull the p o 1. ^ tfc^that Job Uuvis wrote u very goud hand;
Unitl.i^ letters were even. He wrote a^good ham!; a kind of schoolmaster,copy-^ho ik band. Is this will written ill that^kind of hand^ task Judge Woolworth^to tell you whether that is written in a^clerkly hand; whether it was written ly^a man who wrote an even hand; whether^it was written bv a man who closed his^a s^ and ^^^'^,^ whether it was written^by one who made his ^h's^ and ^u's^^d fieri nt. Job Davis was a good scholar.
N. good Miiman ever wrote the bod*^ot ihat will. If there were nothing else I^would be sntitflit., and, in my judgment,^y 11 wculd In- that it is not the wruing of^Job Davis. It is the writing of a poor^penman ; it is ihe writing of a careless^lietinuiti, who, for that time, endeavored^10 write a little smaller than usual, and^why^ When people forgo a will tbey^wnte ih - nnines first 011 the blank paper.^They will not wr.io ihe liody of the w.H^uud then forge the names 10 it, because^ifth^y aie not successful in I be forgery^of the name they would have to write tbu^whole business over again; so the first^th ug ih y would do e/culd he to write^tne nn in ^ and the next tiling ihat they^would do would be to wr.te tlie will Boas^to bring it within ihe space Unit was left;^and h re lyey wrote it ^ little shorter^1 veil tli.in was Bed saury ami quit ihvro^(lad ga.|gag) alld made those SIX or a.-veu^Marks ami then turned over, and 011 the^Mfear side th ^^^ were a l.ttl ^ crowded bo^^lero I hey got to the 11:1110* of A J. Davis.
Mr.D.xou: ^Colonel lugciaol', allow^me to interrupt you a moment, 1 call tho^attention of tlie court to the fact that^when Mr. Myers was speaking he was not^allowed to exhibit that photograph to tbe^jury.
Mr.Ingersili: ^J um not exhibiting it^to ihe jury.
Mr.ii.xon: ^1 only ties re to call tho^attention of ihe court to it.
M.. Ingersoll: ^I don't want tho orig-^ina1, lucii.e I will tear it all to pieces.^I don't winder ihat you are a I raid for^them lo see anything.
Mr.Digest 1 ^Wei1, thai is your cus-^lomaiv brag. Bo Ml with it.
Mr.I tg^ rse^ I: ^No brag about it. We^want the lreHi , and ye 11 have elealged it^frees ihe first. I am not showing litis tu^the jury, hut I do think that ih j photo^^graph will give the 1 elation uf the names^to tlie writing, lain not calling your at-^tcutuir, ge-iiilcim.-b, to any shadows or^stains thai do not appear 011 the original^will. 1 am simply using .his for conveni^^ence, and 1 hope you ^ ill Lot tie misled^by it. *
Now,the tie xt ipieslion is, was Job Dx-^vis a guesd spclh'r'.' Now let's be holiest^about It. HoW they would lluva been de-^hghli'el 10 have shown that tie was all^ignorant beoliy. Hut their witnesses ami^our witnesses both swear that he was the^best speller in Ihe neighborh'^od, and^when they brought men from other com^^munities at a spelling match, lifter ail^had fallen 011 the Held, after the floor^was covered with dead anil wounded. Job^Dm* stood promptly up, not having^inisscel u worel. lie was the best speak r^111 thut county, tend not only ho, but at 14^years of age he wasn't simply studying^arithmetic, but he was 111 algrebra, and^not only so, atler he bad finished what^you may call this common school educa^^tion in Salt Creek township, he went to^the normal school eif Iowa uud prepared^himself to be a te at b^r, ami came back^und taught a school. Mow did Job Davis^write this will
Myfriend, the colonel, says there are^three or four words unss|^ell ill this docu^^ment, and that shins that the colonel has^paid about the same atie-nlton to the will^that be has 10 the case. In that document^there* ure 1X1 wolds misspelled^ele-arly,^absolutely. Ami what kind of worels are^misspelled^ Some of the easiest auel most^conn.ion ill the Knglish lunguage. Will^you say upon your oath thai J0I1 Davis,^hav.ng the reputation of the e-hniupioii^speller of ttio iiciL-hhorheKul -will yen,^upon your oatfis, s.'iy that when tee wrote^tins will (probably tie* only elocuuicnt of^any importance, if he did write it, that he^e ver wrote) he spell shall ^shal^ every^time it occurs in the* will^ Wid^you say mat tins champion s|^elle-r^spelt the word whether with two^r's, anil made it wiierthe r, mak-^log two mistake s, first as to the worel^11-elf, and s^ eon.1 as to the* spelling^^Will you say that ibis champion speller^could not sped tbe word elispose*, but^^role it elcpee.-e V And will you suy the^ordinary t^iv.- was spelle'tl by this edu^^cate el young man ^guive^^ Alld it se*ems^that Coloncd S.tndcrs has ransacked tho^misspell woilel to Ilml somi'boely ulioile^^ Hough to twist u ^11^ 111 the word give,^and even in the Centuiy elictiomiry^I^suppose tbey call it the ( etilury dictionary^because they looke-d u hut,tired years to^IIml Ihat pieul amy of spelling^even^there1, ulthougli give is s|^clie*e! four wttyi^bcsulcs the rignt way, 110 ^u^ is there.^Ami w ill you say Ihat Job Davis d d not^know the word aiiiiiinisniitors
Now,lei us bo honest about this affair-^let's be fair. It is not a pt raoual eiuariel b -^to/1 u lawyers. 1 neve r quarrel with any-^holy; my philosophy be-iiig that 1 very-^body e!oes as be* must, ami if he is in bad^luck and doe . w rong, wl y, lels pny huu,^ami if we tlappetl to have goeyel luck and^lake the pain where rose's bloom, why,^laVS be joyful. That is my eloclriue-; no^Seed lighting about these little things.^1 hey are all over 111 a little while any^^way. Da yen believe that Jedi Davis^sp^li^sheet''^a sheet of papei^^sheet^ '^That is the way he' spells it tu this doctl*^tin lit. Now. let's be honor bright with^e-aedi e titer, ami Dw gag lei ihe lawyers on^the' ettln r side treat you as if you were 13^lllltM'c.les, Y ill had l^ iter he misled by^a sensible siuui'r than by the most pious^uhsunlitii s that 1 ver floated out from the^hps of man.
ri^hula ne^N MHvsi.m^l.et us nave some gooel, harel sense*, Uko^we would 111 ordinary business of life. Do^you lie In ve that Job llivis, the eelucated^young man, the school teacher, the one^who attended the normal school, would^I ut pcrienis in Ike mulelle of sentences,^and none at the end'.' Thai he would put^a pe-nod on one* side of all ^n^ untl then,^fi at ing the ^n ' might get away, put one^on the othert and then w hen lie got tbe^scnti-noc done, Ih* out of periods, so that^he coiile! not put one' tlie're, uml put eo^many periods in ihe w ruing tint it looked^us if it hail breiken 0111 Willi some U nd of^punctuation measles^ Jab Davis, ail^educated 111111! And you ure going 10 tell^this jury ihat Unit mall wrote that will!^1 th 11k your chi cks w ill get a little red^while you are MM it. thiamin, alien^beoomee to the Uiim word ^is^ in the^in [Idle of a sciitcinc, li s elcsire for^e epialtty is so great that he wishes to put^mat word 011 u h vet with othe rs, und^starts it with a capital, so that 11 won't^lie ashamed to u| pear with longer words.^And yet lie will was written by J b Da^^vis, and Scot 0S saw htm write it, uud^Mis. DsejSiy saw huu write it! If there^we-rc one* moliou **coticr-s, ami a million^Mrs D iwmys, and they belel their hands^up h gh and swore that they did, I know^that they did not, unless all the w nuesses^w ho have testllte I to n,. e ducation of^J0I1 Dal is have* testilleel lies. There la^where 1 told yell a little while^ago Ihat when a be e'omes |ej^contact with a fact it won't ti;. These^other 1 e'opie ,n Salt Crei k lowusll p that^have toSSe In re uml sw. ru to that dieln't^know w I ether it was s|^elt right or w rotig.^I In y did not lake thai into, oiisuii ration.^N ^w, it seems 11 me titl'Tlv, ab olutely,^infinitely impossible that tins will was^written by a good speller. I know- u was^ti n. Ni tie y. ti. Taers isuotamaaM^the jtuy that rtasi not know it wasn't writ^^ten gg a giKiel speller^Hot a nia'i. Alld^you cannot, upon your mmbs, say ihai you^hi In ve two tilings ^first, that Jo1, Davis^wa a goml nestle r, and, secondly, th it he^wrote th.s wid. I tierly Mspoeaibie, l livre^is another we^rd bete^ ^worl.hy^ ^a|| niy^weulelly goods.'. ^\\ orldiy' it ought m be.
butth s Job Davis, this Scholar, didn't^know thai there was such a word as
worldly;ha left out the 'I' and called it
wordly.
AbLMY WORII1.V OOODS,
andtbey want you to hud on your oath^that il was written by a good speller.^There are 2J words misspelt in tbe short^will, and ihe most common words, sime^of them, in tbe Knrhsb language. Now,^1 say that these is) misspelt words are 20^witnesses^3D witnesses that tell tbe truth^without being on their oatb, anil that you^can not mx by cross-examination. Twenty^witnesses! Every misspelled word holds^up Us maimed and mutilated hand and^swears that Job Davis did not write that^will^every one. Suppose witnesses had^sworn that Judge Woolworth wrote this^wdl. How many Kelt t reek era do you^think it won d take to convince that you^were around spelling sheet ^sh^at^^^UOOI^ SiPH.LKIt A U.tD Ac inf..
Mr.Woolworth: ^1 havo done worso^than that a great many times.
Mr.Ingersoll: ^You ggfg ucte-d worse^than that, b it you have never spelt we r.e^llMM ihat.
Nowthis Job Divisdicd in IM ti No-^bony has seen huu write for I'd yours, but^^ v ryb.xly, their witnesses ami e.urs, posi-^lively swears that ga wae a good spsdler.^N iw comes iiuotli r epi stion: who wrote
tliiswtli^ t o!ii .Sanilersteilsuslh.il
ilis immaterial whether Job Davis wrote^n or not. To me it m a very strange) re^^mark. If Job Davis did not write it. Mr.^Sconce has sworn falsely. If Job Davis^did not write it. then there was no will^on the 'JO h of July, llstiG, anil all the Glas^^gow* and Quigicyx uud Dnwneye and the^r si are mistaken^not one word of truth^in their testimony unless Job Davis wrote^that will.
Alldyet a learncsj counsel, who says^th it Irs object is to assist you in finding n^correct verdict, says it don't make any^difference whether Job Davis wrote the^w ill or not. I don't think it will in this^case. Who wrote the will^ 1 am going^Is tell you, and 1 cm going to demonstrate*^it. so thai you ne eel not think an^ thing^about it ^ so that yen will know it; that is^to suy, it will ho a moral certainty. Who^w role this will V I will tell you who, ami I^have not the slightest hesitation in say^^ing it.
JAM KS It. KOUV WltOTK 1I1IS WILL.^Ami why do 1 say it^ Many witnesses^have sworn that they were well ac^^quainted with Mr. Eeidy a handwriting -^many. ISevernl of the witnesses there^iiael the* writing of Eddy with them,^ihat writing was handed to the^counsel oil the other side, so that^they might frame questions for cross-^e ^; limitation. '1 hose witnesses founded^their answers as to peculiarities upon tbe^writings given to tbe oilier side, and not^on tho writing in this will^ juit on the^w ritings of letters und documents the y^hail in their possession, ami that wo^handed to tbe opposite counsel. Now,^what do they say^ Every witness who^has t, stilled on that subject said that^E ldy had this peculiarity: iirst, that^whenever a word ended with the letter^^el,^ he made that ^d^ separate from the^rest of the word. And gentlemen, there^are twenty-eight words in this short will^ending with the letter ^d ;^ clearly. Ull-^i quivocally, ill twenty-seven ol the worels^ending in ^el,^ the ^u^ is separate from^the rest of the worel. I do not include the^Is h, because there is a little doubt about^ii. J lie testimony is by everybody, ex^^cept the writing that Eddy has done since^he has been found out to be the forger of^ili.it will^nobody has sworn that he had^a letter from h tu ill which that is not the^fact, unless that le tter was written since^Ihe institution of this suit. Twenty-seven^ot itiese words end with ^d^ und the ^d^^is made separate from the rest of the^wi r.l. Will Judge Woolworih please tell^Ihe jury whether any witness testified^thut Job Davis made these separate* from^the rest of the word^ Poor Job dead,^auel his tombstone is being orna^^mented with ^guive,^ and bs is^now made to appear as an ignorant^nobodv. Twe nty-eiglit worelseneling with^^d.^ Now if that is all, 1 would say that^might be an accident^a coincidence, and^that we could not build upon thai as a^rock, i would say wo must go lurther,^we must find whether any more peculi^^arities exist in E lily's writing that also^exist in tlie will. We must be honest with^him. Now, let us see. lie always hud^the peculiarity of terminating that '^d^^abruptly, dow n Just above the line, or at^the line, lifting ms pen suddenly, making^no mark to the right. Every one of the^^.IV in the will are made e xactly that^way. Corroboration unrulier tw o. These^27 witnesses, the ^I's,^ swear that^Eddy is tiieir father, ihat they^are BBS children of his hand, that^he made them. Another peculiarity.^They say that Eddy alwaysmadu u eloubla^^1^ in a peculiar manner. The last ^1^^came eiowti to the line e^f the up stroke,^ami that ^I ' as a rule stopped there.^It elid not go on to the right ^^ neculi-^amy. Now, let's see. In this will there^are nine words that enei with u tie u do ^I '^(and 1 want you to look at that when you^go out). Each one is made exactly the^same way^each one. Nino more wit^^nesses thut take the stand and swear to^the authorship of the will. Has anybody^shown thut that was Job Davis' habit^^l'oor dead dust cotuiot swear, nobody has^said that. Another peculiarity is that^Eddy makes a ^p^ without making any^mop to tho right in the middle of^it. Now unci then he makes one^with a loop, but his hauit is lo make one^without. Moaea Downey swore that Job^Davis made a ^p^ with three loops, a loop^at the top, a loon at the bottom and a loop^in the middle. That is e xactly what he^swore, uud In* was the one who taught^Job tu write; ami ho said ho made his let^^ters carefully, be closed his ^a'a^ at the^top, he made his ^o's^ round, ho made^bis ^h's^ uftcr the orlLodcs pattern, be^was all right on tbe ^1^V^your witness.^Now, gentlemen, you remember how that^^p^ looks, without any loop; and there^are til ^p's^ that have no loop to the right^^21 in mis will, i wciity-ouo more wit-^nessi's, and every one of them is worth a^huudred Sconces, with his sheep and hogs^floating in the nir. Twenty-one sVN^nesses Ihat swear to tho paternity of^this will. Moses Downt y, your own wit^^ness, swears Ihat Job maele a ^p^ with^three loops. There is uot a ^p^ in the^will with three loops, and tin re are 21^without uny; uml Ihe evidence e^t all the^witnesses on MsT siele was that it was Ins^habit to make ^p's^ without any loop^and the y w . re giveui the pape rs that tln-y^might cross-e gamine^ t-ve'ry one. Now,^do you see, w i-are getting ulong on the^edge of eh inonstratioti. The se things^cannot conspire and happen. They may^in Dinah r, nut they can't in Unite-, nor^even in Salt Cre-ck township. Nature is^suhsiutiliully ihe same e'Ve rywliere, and^1 iK'lieve her laws are substantial.y Ihe^same* every w here , from a grain of sand^to the biasing Arciurus, everywhere the^probabilities ure the1 same.
aMm, sxVMWn MMggC,^It is also sworn by intellige nt men who^have the writing of Eddy In their posses,^sum, (writing shown to me other side)^thai it was ids habit to use ^a's^, ^o's^and ^u's^ indiscriminately. For instance1,^^thut^ tht.t, you all renu mber in the will^When yeiu go ^ ut you will see it. He often^uses an ^o^ w here an ^a^ shoiihl he, an^^^a^ a*Mrs a ^u^ should b^, a ^u^ wliert^an ^o^ should be| in other wonts houses^them itit^ n hani!i*abiy or MiMsrrisgl^tialely. How many casess of that occur ill^ibis will^ '1 wetiiy-two^ ^ lastaOSSS in^tills will in w hich one of these vowels is^used where' iitiotht r ought to have Ih-iui^used. twenty-two mure) wittiesses that^James It. Ketd^ wrote this will. Twenty-^two more. I hey have taken the stand ;^tin y won't have to be sworn, because liny^can't He. It would be sp endid if ull wit-^nesses were under that disability^that
theyhad to tell tbe truth. That cannot^be answered by logwood ink. Eddy roads^^p's^ Just tbe same, whether be uteel log^^wood or nigrocine, and be used bis ^a s^^and ^o's^ and ^u's^ Indiscriminately, no^matter whether be was writing in ink,^red. blue, brown, iron, Carter's, Arnold's,^Stsffords or anybody's elss. Ann her^witness testified that he used ^r ' when^he ought to use ^s,^ and that be used ^s^^when he ounbt to use ^r,^ or that bs mads^bis ^r's^ and ^s's^ tbs same. Many in^^stances of tost kind occur in tbis will,^and every ^r' says to Eddy ^You are tbe^man^^every oue. Every ^a^ swears tbal^your will is a poor, ignorant, dirty, impu-^deut forgery. That is what it is^tbs^dirtiest und most ignorant forgery ever^presented in a court of justice since the^art of writing was invented. It comes^in covered w ith the earmarks of fraud.^And yet I am told that it requires au^^dacity to say thut it is a forgery. What^mi earth does it require to aay that it is^genuine^ Audacity, III comparison with^what is essential, to say that it is genu^^ine, is rank meekness and cowardice.^W. rels lose their meaning. All swear^thai Eddy scattere d Ins | criexls with a^liberal hand, lise a farmer s .wing his^grain. Now, we will take the 23 1 iiuu ot^tlie will: ^lu their use (period' anil^(lieftod) benefit (anoth-r period) for-^ver^ I mother perioei); 2othline: 'Davis^(pafiesJl an'I (another |^eriodl Job lano-^tlicr period) Davis (another period) of^(another ncrioel) Davia (another perioei)^county^ ( mother per o 11. What a spend^^thrift of punctuation this man was!^And yet he was well educated, studying^algebra, going to the normal school in^Iowa, champion speller of tbe neighbor^^hood. Every period certifies ami swears^that Jon Davis did not write that will.^He hail studied grammar. Punctuation^is a part of grammar, uud no one but ihe^most arrant, blundering, stumbling i^mi^^grants, would think uf pulling -six or^eight periods along in a se*ntence,^and thou leaving the end of^that sentence miked without anything.^Another peculiarity is, Mr. Eeldy uses ^b^^nml ^h^ interchangeably. Ho makei a^b^ exactly like an ^h,^ makes an ^h^^exactly like a ^b.^ You can see tint all^through the will. There are several in^^stances of it, and each one aaya that Job^Davis did not write it. Downey aaya bs^ilitl not write that way, and each one says^that Mr. Eddy did write it, and nobody^else. 1 am uot through yet. The testi^^mony is that Eddy was a poor siwller.^Tlie learned counsel, Mr. Dixon,says that^in this case we must be governed by the^probable, by the natural, by tbe reason^^able^three splendid words, and they^should be in the mind of every^juror when examining this testi^^mony. Is it natural, is it probable,^is it reasonable^ We have shown^that Eddy was tlie poorest speller in the^business. Whenever they went to a spell^^ing match, at the first he dropped; never^outlived, I think, the first volley. And^one man by the name of Sharp distinctly^recollects that they give out a sentence^to be s|h*iled: ^Give alms to the poor,^^and Eddy bad to spell tbe first word,^give; and be luggeel in bis ^u^ with both^ears^^guive,^ alld be dropped dead the^11 rat tire. Tlie man remembers it because^it is such a curious spelling of give; auel^if I had beard anybody spell give with a^u^ when 1 was six years old it would^linger in my memory yet.
Now,let us take Judge Dixon's test. It^is a good one, well slated, aiid it is lor^you to decido whether the misspelled^worels were misspe lled by a good speller^or a poor speller. If you say Job Davis^wrote it then you ure unnatural, unrea^^sonable uml improbable. Isn't It^altogether more nuturui, more reasona^^ble, more probable to say that a bael^speller misspelled iho words than that a^good speller did^ L't us stick to his^standard, and see if Eeldy spelled give^^guive^^and, gentlemen, yoticannot find^ill all the writing of James K. Eeldy,^written before ho was charged with this^forgery, where the word give appears,^that is not written with a ^u^^I defy you In^find a line hi tho world^and ^given^ is^^guivin.^ Now, let us go another^word. Everybody admits that be was a^poor speller, and isn't it more reasonable^to suy that In* wrote the will on the spell^^ing, than that the champion speller^did^ We have some more eviuencu^on Mr. Eddy us good us anything I have^stale!.
still HY A MI.NNKIi.^Now don't be misled because I am a^sinner. Let us stick to the facts. William^II. Davis testified to the spelling of Eddy,^ami while be testified held in his hand a^will that lie had si-en James R. Eddy^write. In this will there were LO worels^misspelt; shall ^shal^ anil in the James^Davis will, shall ^shal.^ Good. Whether,^in our will ^wherlher;^ in the other will,^^wherther^^just the same; sheet of pa-^p^ r, ^sheaf in our w ill; ^stieut^ in the^oilier will; in our will ^guive,^ in that,^^guive.^ Did Job Davis rise* from the^dead atid write another will^ Was) one^copied from th I oilier, and tho copy so^slavish that it was misspelt exactly the^same^ You cannot say it was entirely^copied, for now and then a word by ac^^cent is right. Judge Dixon tells you that^Eddy did not disguise his spelling. Gaod^Lord! How could he disguise his spell^^ing'.' He spelled as he thought was right.^No mail of his education would think of^disguising his spelling. He knows how^to spell ^give;^ he believes it is with a^^u * yet. There is a prejudice against^^u^ since he was charged with forgery,^and so be has dropped it; but he thinks^it is right, nevertheless. Now, Isn't It^perfectly wonderful, is it not a miracle,^that James It. Eddy made exactly tbs^n.iiie mistakes in spelling and writ^^ing one will that Job Davis did^in writing another^ Isu't it wonder^^ful beyond the circumference of be^^lief, that a good spell ^r and bad speller^happened to mispell tbe same words T It^won't do. 'Ihere Is something rotten^about this will,uud tho rotten thing about^it is that John K. Eddy wrote it, and be^wrote it about March. ItAX That's when^he wrote itf and he let the proponent in^this case have it. Wo will gel to that^shortly. So, gentlemen, 1 tell you that^every misspelled word is a witness in our^favor. There is something more. I', ldy^uses the character ^oV^ in w riting,uisieuel^of writing ^and.^ The will is full of them;^atid il ia stated that eomotimes when he^endeavors to write out ihe word ^and^^he only gets ^an,^ anil that peculiarity is^in this will. ^All^ for ^and;^ thut you^will find in the Kill line in the^last word of the line. Colonel Jaques^swore that oue of Ed ly's misspelled^words was the word ^Judgment;^ that he^put in n sunerlltious ^c,'' and in this cose^here is ^judgement^^si a I g.ve the annu^^ity that in the- judgement of the executors^shall be ll tal; diere is the supeiIInous^e^^ISllgaSSjBllt Now, then' is another,^a^ueir witnesses swore th it as a rule he^turns the Imvuoih of his ^v's^ uml ^g's^ SB^the left. Now, you will find the same pe^^culiarity in this will, and the amusing ps^^culiarity that he turns ihe ^g s^ a little^more than he does the ^y's.^ 1 elon'l^want these things uiiswp rei by an essay^on immutable justice, i w ant to say how^tins is. Another thing, h w he makes a^^i ^ with a little pot book at the lop, and^that beiok has cuiught Mr. Kddg^ You will^find them made* in tne will, ex^^actly, where ihe ^t commences a worel^where it i* SfBKst we call tne initial let^^ter. And what else^ tt hen he makes ti
tsaall^e^ BIIMMl^ff a word, lu* always
makesit like ucapital ^i ,^ only .mailer.^1 hat is the testimony, sad that happe ns^^ii this will and it happens in the papers^and letters. Now. 1 - ,., i;iut all ilies.- pe-^e ultaritti'S taken toget,,, r,the sain ^ words^misspell, the sail.^ h-tiurs used inter-^changeauJy.the seini.' :.i ,;akes in punctu^^ation 5ge^sg*f n..s.,sis iu the word,^themselves^^'^ ^'^'^^^ things amount to^au absolute SWM ration. So I SSM
you.be uses the capital ^1^ with tbs^word ^is,^ and tbat is dose twice In tbis^will. Hers are buncreds, almost, of wit^^nesses, ihat take the stand and ewear that^Edely ia tbe author ^f that will. He wrote^n, every word sf it. Ha negotiated^with John A. Dsvs for it; and I will^cons to tbat afi^r a little. And bow do^they support this will that haa in it tne^internal evidence that it was written by^James K. Eddy^ Why do 1 say il is im^^possible tbat he should have written it,^and tbe will should be genuine^ Be^^cause ot tea dsts of that will, or tbe date^it purports to boar, Eddy was only 8^years old. And we don't know the real^dale, gentlemen, of that will yet. My^opinion is tbat it was dated by mistake,^so that it cuma on a date that Divis was^not there, or came on a elay that was^Sunday, and then tbey folded up tbat^will, and scratched it and rubbed it until^the dat^ is abssiutely ineligible, and no-^body can say whether it is June, July or^January. '1 hero was a purpose. Tbs^elay may have been Sunday, or they may^have afterwarel ascertaiueel that he was^not ilivre. It is a lUBtiicious Circumstance^that tho elay is left loose so they can have^a month to play d, maybe more. Now,^they say, can you impeach Sconce^^BsWtMOTM si uxor..^Every misspelt vord in the will im^^peaches MSJexSS, every pcrie^el impeaches^Sconce, every ^a^ tbat is used ua ^o^^impeaches him, anl ^o^ as ^u;^ every^^t^ ' that is inline like an ^h^ impeaches^him, every ^h^ tbal is made like a ^b^^impeaches him. In other words, every^peculiarity of Jamee R. Eddy that ap^^pears in tbat will in poaches J. C. Sconce,^sr.^Captain Sconce'. There is a thing^about this will wluci, to my mind, is a^demonstration. It may be that it is be^^cause 1 um u sinner, but 1 Und, and aodo^you find it (vou have all looked^ai this) in the second initial of^Sconce, in the letter ^C.^ there are^two punctures, and you will find^that exactly where the punctures are^there is a little spatter in the ink^adts-^tur lauce of tin* line, in the capital Ural;^ill the small ^c^ there is another puncture^ami another disturbance of tho line.^Professor Ewell says that those holes^were made afterwards. Let's see. fl hero^is a hole, and there is u splatter and a^change of tbe line. There is another holo^anu there is another change; there is an^^other hole and there is another change.^What is natural^ What is reasonable^^What is probable^ It is that the hole be^^ing there, interrupted tlie pen, and ac^^counts for tho diversion of the tine, ami^for the spatter. Tbat ia natural, isn't it^^But they take tho unnatural side. They^say that these holes were made ufter^the writing. Would it not be a mira^^cle that just three boles would happen to^strike just the three places where there^hail been a division of the line, antl a Utile^spatter of the ink. Take up your table of^logarithms, and figure away until you ure^ulind, and such an accident coulei not^happen, in as many thousand, billion,^trillion, quintillion years as you can ox-
Eresaby figures. Three boles by accident^tiling just tbe tbreo places where the pen^was impeded, and where the spatters^were. Never such a thing in tho world.^It might happen once. Nobody would^make me believe that it hapiioiicd twice^^that ia, a bole might happen to get where^the pen was interrupted once; as to Ihe^second bole, I would bet all 1 bad^in tbe earth; as to the third hole,^I know it didn't. I just know it^didn't. And yet Mr. Ewell says that those^boles were made afterwards, anil be goes^still further, and says that tier* isn't any^trouble in the line. If anybody will look^at it, even with the natural eye, tbey run^see that there is; and, in a kind of de-^rision, they called Professor llagan, when^he called intention to it. Professor Pin^^holes aiid piiphole exitcrt. He might^have replied that that was a pin-head on-^jee'lion. Professor Ewell accounts for all^the dirt on this will by perspiration, all^on one side and matte by the thumb, and^although there were four fingers under it^at tbe same time the fingers were so con^^trary that they wouldn't pers^^pire. This left tne thumb to do all^the sweating. I need not call him a^professor of perspiration, for that throws^nti light on the subject; but 1 say to you,^gentlemen, that those marks, those punct^^ures were in that pancr when Sconce^wrote his name. Sconce suys they wero^not^he remembered. Ho has got a mag^^nificent memory. I say tbat even thut^shows tbat he is not telling tho facts.
Now,what else^ We went around^among tbe neighbors. Ho was charged^with passing counterfeit money, wieh^stealing sheep, with stealing hogs, with^stealing cattle and with stealing harness.
Mr.Woolworth^It was not proved that^tbis man was accused of counterfeiting,^of passing counterfeit money.
Mr.Ingersoll^I tell you how I prove it,^A man by the name of Lanman was on^the stand. He swore he wus acquainted^with Sconce's reputation. Colonel Sun^^ders asked bim who he bad ever heard^say anything about it. He said Lewis^Miller aud Abraham Miller and a man^by the name of Hopkins and several^others. What did tbey aay^ I asked^them afterwards, and among oilier things^I recollect be wss charged with passing^counterfeit money, stealing bogs, stealing^sheep, stealing harness, killing another^man s heifer in tbe woods. I don't think^I am mistaken, but if I am 1 will tako^counterfeit money back. I won't try to^pass couuterfsit mousy myself, although^a sinner.
Mr.Woolworth^He was not charged^with killing a heifer.
ColonelIngersoll^Lcmann was tho^man.
Continuing,Colonel Ingersoll reviewed^tho evidence of Jackson and Sconce,^who contradicted each other.
Sconce,he said, was impeached in^open court. Tbe men who swore that^tbey never beard anything against Sconce^oould not say much in his favor^other than that they had never^beard tbat he would steal.^Sconce had a peculiar memory. Hccouid^remember many details but could not re^^member great and important circum-^slances connected Willi this will. Is it^not curious that during all the years be ^^tween the making of this alleged will and^tho day Judge Davis died, that Judge^Davis never msde all inqu ry ab' in tho^e xistence or pre sence of this will w hich^was to dispose of nil his prop^^erly^ Is that probable^ Probabil^^ity is the torch of truth. It is^a torch to guide yen jurors in this case.^Does il look like lb ^ actions of n man of^business that A. J. Davis, worth millions,^ai quired utter the making of this will,^sboulel leave the document which diss^peise-d of all this vast wcalib ly ig urouml^in minks and box 's down in S elt Creek^township ill the* can* of comparative^Ntrangers and open to the inspection ami^ii..lulling of ihe curious stranger. Wo^have shown you that Jtulg ^ Davis^saul in making the will of ls-o saul ^I^have no other will.^ He lull lo his ex^^ecutors under tbe Knight will cerium^tliscretionary power for the distribution^of his property. We haVe prenif that^Judge Davis hael certain relations with a^Miss Caroline Durgeit; it Is claimed that^a daughter known as Pet Davis was his;^and that the boy. Thomas J. D..vi^,^was also his sou. '1 here is this^trouble in the trill that though th^ boy^Jeff was never in Van liureti ^ unty^until bo was 12 years oiei^was never^iherst until ^ x sears after ihe will was^elated, yet his stipp ^scd father desertheS^him as ot Van btireii e^ unty. Pet Htir-^gett married a man ti nned William D.^.-until in 1-id. lu lisis he moved h s^family to Texas, eignt jr ats^sal ess this will was uand,^and yet Judge Davis forgot^he r name, her re siuence*, the res ile i . o of^the boy imputed as his son ^that of itself^is enough to show that he was uot pre s uit