The Anaconda standard. [volume], September 05, 1891, Page 5, Image 5

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

Image provided by: Montana Historical Society; Helena, MT

                
THEANACONDA STANDARD: SATURDAY MORNING, SEPTEMBER 5. 1S91
whenthe will was,o^. You would r-
memberit. Altbou, Mrs. Downeycottd^remember wbeit,^ was marriediior^when lier flmt chdey,,, born, sheJ^es^remomucr the lime took bar w dust^tho room where thor^va, acloiba Press,^a tablo and tureo or fir chairs.
Anotherimpruialvi,. Johr Davis^bad charge of the V*\ law down in^low* ^nd stayed ihrt unt: ^in ^nnrs^after tbia alleged wH^srn^nade. and^though be wan ncqua n^.l wh the Quia-^leys, tha Hensbaw*, tlx S^nce^, and all^of tbo aristocracy of itat eigbborhond,^ho says be never l*ru ^' the^existence nf tbia m wh'ch aa^many people of that 'Cilon talked^about. What ^ placa for '^pina secrets!^Sander* ssys Davis madJis will in Salt
Creektownship i^Tau*n tbere ibey
knewabout these efdren and tbia^woman and he woiildu'wunt to go to^unotber comiminiy 1 make it. Wat^tbere any need to pub'' tbia will otber^than having ilio wnrsses atleat to it.^Sanders Kays D.iv.s wiled 10 keep this^wdl a secret aud that a* ibo reason that^be left tho will upt tin* table and^rorlo away, lenvif all creation^in Salt Creek townsl! to read the will^and discuss its prusions. Ho didn't^want R 10 pa| out^ut'a the way he kept^Hi^ nil',ur quiet. lugine ill^ scene, Job^Davis writing the w, Mrs. Dnwniy with^the iluster under bestrra, like Grotrbeu,^looked over Job's souldcr and read the^will as fast as berroto it. Everybody^rend this will, so tlx say. Mrs. Dow my^^ Hunt have read it '.'Sinn s, Ihcause when^^ever twiiielH camesalihg over the farm,^and slie felt lone, the would light^th ' caudle and huntni the will and rcud^it just to think uhouJoh. She would see^the words ^gulvc^ ad ^whertiier^ and^all that brought bac Job, and she used^to wonder'^wherthe' he was in para^^dise or not. John A Davis Jived down^there, hut Sconce nrer t Id buu about^this important will. Why ^ Because 11^never existed. Johiwas left ignorant of^his real good fortun while all his neigh^^bors were ditcussig it. Nearly four^months passed awa) after Judge Davit^died before John herd of the will. All^tins time tbo numbers were sayiug,^^Why, Join gets aliihis property.
Courtad.aurucd fir dinner.^WHY TIC KNIGHT WILL, WAS MADE,
Gontlemtiof the jury, when we ad^^journed 1 'aa tuUuig about the testi-^moiiv of M. Knight and the making of^the Knighuvill. The evidence is^the^way that wtl came to be made, or what^started it, km as follows: A. J. Davis^borrowed ^ the First National bank of^Helena H'UX) to be put in tbe mine, and^Governor huser remarked when ha got^the money ^Another old man going to^fool with lines till he gets broke.^ That^so ma to h^e touched A. J. Davis' van^ity a little, nd ho said: ^That mine^ahull be detloped whether I live or die.^1 am suiisllii that ia a good mine, and I^am going . make a will and pro.^vide in that till for that 111 me, being de^^veloped.' AH thereupon he talked with^Mr. Knight, ad finally Mr. Knight drew^up a draft ^ a will, according to Mr,^Knight's testiiony, providing for the^working of tin mine. And what did be^say when bo go through with It. 'Now,^as to the balanc,ul my property, let it be^divided accord in- to law, tbe law makes^a good will.' J h.t ia wbat he aaid. Then^Mr. Knight said 0 him, 'If you make the^will tti.it way.it m^y bo that the heirs will^come in and enjuit. the working of the^mine on the giouuuof ita being a waste^ol money; you bad latter make a full will^and dispose o' nil your property, as you^may desire, aid fix the amount to be^used In tbo devilopnient of that mine.'
Now,that is eilior true or false. It ia^true, if Mr.Kmgli can be believed, and^ho can bo beiicveujf any gentleman can^be trusted.
\Vhut more ^ Kn ^ht says thai Andrew^J. Davis made tbfa memorandum from^which he drew that wil; bad bis mana^^ger come, mid in that vill it told how tbe^shaft should be run, bow much work^should bo done, and charged his trustees^to do development worl up to a certain^uitiount.
isthat all born of On imagination of^this gentleman'/ Could you believe that^a man like Knight, who has run tbe^largest bank in Mcntana for 25 years^^run you believe tiat sucb a man,^who is not in any nteesaity, wbo ia not^in need of money, fan you believe that^such a man cornea b-ro and sweura to^what he kuows to l^* a lie, and makes^this all out of his owi bead, or is it out of^Ids imagination.
Tbosecond will wis made, tbe second^will was signed, the iccond will was at-^^1 stetl. the second wil was given to Mr.^Knight to keep, ant they say it was not^signed, and yet Alt Knight swears he^only told one man. He told Mr. Klein^n I,limit so, if utiythng happened to bun^(Mr. Kniglni.be waild know that Knight^I a 1 in that vault tliuwdl of Andrew J.^Davis. Do you thinl he would have done^that if the will bud not been signed, if it^were only waste pup-r: and yet they are^driven to that ahsurlity for the purpose^01 attacking tbe evid nee of this man. It^will not do.
JudgeKtiowles said that in a conversa^^tion at Gurrisou be sad in tbo will the^mine was left to Erwii Davis, and tbe^reason given for it, w;m that Erwiti Davis^was a business man. ^ow the only way^that can be explained it one of two ways:^One, that Juugc Kuowlss has gotten two^^nutters mixed, the otbei that ho is abso^^lutely mistukeu. Judge Knowles, the^president of the First Nstional batik of^liuttr^Judge Kuowlea, who has been the^attorney of Andrew J. bavis jr.^Judge^Knnwles at this conversation, or some^conversation with Ktiigkt, and why bad^Knight taken the trouble to have^to:d him a deliberate falsehood
Thereia something more. After this^nil occurred Andrew J. Davis, jr., went to^Mr. Knight anil asked bun to write out^what he knew ubout that will, and Knight^sat r got down and dictated il on tba^spot and aent it to him.
Whereis that letter^ Here it is,^want to read that latter to this jury. That^was a letter written long agn. A letter^wi men before this will was filed in this^court. A letter writlc^t before Mr. Knight^knew John A. Davis usd any will. A let^^ter written fa-fore Knigut imagined^there could ever be n lawsuit^011 ill ^ subject. Andrew J. Davis, Jr.^came to him and asked him It^write what be knew about that will, and^lie turned and dictated it, and aent it to^bias. Ilka a frank, candid, bonest man^^and before 1 got through 1 will read that^letter, and when it is read 1 want you to^see how it hurmoms-s absolutely and^I crfeclly with In testimony hero on the^stand.
KMt'HT'sDKPOKlTtONS.
Anotherdistinction. Mr. Knight gavo^two depositions 111 this case. 1 hcee d^ po^^sition - have not been suppressed, liko the^dc|k^sittoii taken of Sconce. Not su|i-^presstdl Why'.' Because we ore willing^it,at the jury siiould read the twodeposi-^tiotia, and hear hie testimony besides,^and there is not the slightest coutradic^lion ill the depositions themselves, or be^twecu the depositions or either one of^tin 111 and his evidence that be gave here^^only two that they claim, und think^wl at .mmer.se conn dictions they were
lu0110 deposition he says that A. J. Da^via Icll some In qui sis to some uuiils. M^K . 1 lt111 swears 011 the stand tbst he never^^aid aunta, lie said sisters, but if he did^say aunts he meant sisters, because be^never hi ard ol 111s having bad any aunts,^mid yet ttiat is held up as a contradiction^uud to sue h an extent that it waa to throw^nv.ay the testimony of this witness.
Sowl.erc is the letter. This will was^tiled July -J.and when be wrote this
letterhe did not know that Andrew J.^Davis, jr, knewof a will, or that Joha
Davisknew of a will, and this ia what^ba writes:
Hii.iva. Montana. July;.:, lwn^I beg to Fa. luat toii.t-litiio in M77 or I^made a ilraft of a will lor your und,-. Andrew J.^Davis, wiiirli he duly tucaifds anil I- ft th*^same on (lie whb me. as a special neposlt for^two or three years, wlieu the same was cancel e-d^soil destroyed; whin 1 was le i to believe and^to c inema, mat lis hat m ule aud evented a^will to ^upvu-ede ana take tha place of that.
Thatexplaina Talbot's testimony. In^^stead of saying Talbot and A. J. Davis^came there, and aa be thought to execute^tbe will, and destroyed that will, it not^being sgned, wbat ho aaid waa, that be^destroyed tbe will, but from tho way he^acted, ibat be was going to make an^^other; that he was going to execute^'ill; and that is what Talbot^aaid exactly, to execute a will.
1cannot satisfactorily recall the conditions^and provisions of ssiil will dr..wn ly ro^. hut the^main Imrucu and tletlre was tliat tie- working of^the mine known as th ^ IX'Xiuirton should as con^^tinued to a certain nmouui of ilevc.opmcut, ail^thattltemhishiMi.il Ins cariied en tuuW a c r-^t.un auuiinrem'*ut. snd alter wnvidtng for r 0^payment of li s Jus* debts, lie KsaSS crt.iitih:-^u,ue*is, naming certain nephews und n.rces, 1 ga^^lling from 91 i.eoi 10 *i;^,un 1 sacli, ard you me os*^|iectally 11:1111- it for Hie sum of 9--:,uu ^, and If it 10
lajiiHt iroi ibid la value toe ne 1 net of ysues.
llios-.*heqiiesis wen- to lie lis-leaved; atnl 111 ex-^ess of $i,^ in, in, the lurther inc.ease was named^it! d ^J*-i ltl^d.
Tualis the letter ho wrote before ho^knew there was in ho tins suit, and be^^fore he knew of dka existenco of this will.
AccitulD hoy 1.anied Jefferson -claimed to ha^Ills -on was giv. 11 lie* Mini of .--joiijO, to tic paid^to him in ^early sums offor four years,
andthe xtinid provision as to a cert in -riri -^Claimed to he his child. Isn't that exactly^what lie swore to on this stano'.' And ivilalu^execut rs numed K. \V. bHl sad ^. E^Hansel sad Wt \V. Dixon, i-aeli to rei, ive the^sum ef 0 for serv iivs. Yours Truly.
K.a/, K.MoiiT.^Now, gentlemen, bet* wero ltiiorineil^of the existence of that will and nf its de^^struction and wero so informed before^John A. Davis Hied this will. And when^wn plt-nd) d tins will, John A. Davis^pleaded that it had been republished,and^;ret no evidence whs given of any repuli-^icatton, and they kiiow under the statute^of Montana, that when a mull makes w-nl^No. 1, and afterwards makes will No. 2^and afterwards destroys will No. 2, thui^will No 1 la not revived. That the making^of the second will kills the llrst, and that^tbe destruction of tbo second kills that,^anil leaves the man intestate aud without^any will.
Now,there is the letter^full, free,^frank, candid, honorable, like the man^himself. He does not remember all tho^provisions, but does remember that he^provided for some nephews and nttcef,^and provided fur Andrew J. Dxvis, jr,^$.5,000, for one JefTirion ^2l',(^JU, for the^girl about the same, and that ne provided^also for tbe executors of tbe will, and ap^^pointed Knight, Hauser and Dixon as his^executors. That is exactly what be says^here.
Nowwas that will made^ Have they^impeached Mr. Keith^ 1 tell them now^they cannot impeach him. He has sworn^to tbe making of Ibat will, .mart and sep^^arate from Mr. Knight. On. they say,^why didn't they tiring Knight in, and^prove by Mr. Knitiht that he now recol^^lected Mr. Keith^ What has that to do^with it ^ Mr. Keith recollected Mr.Knight,^swore he wrote tho will, that he wus writ^^ing it when be came in, and swore that^he attested it, that Davis signed it, and^Irvine also signed it. \Vbat more^do wo want on that will ^ I say, gentle^^men, that the will of 1880 ends this^case. There is not ingenuity in^tbe world to get around il.^and thero never was and never will be^enough brums crammed into one bead to^dodge it. That will was made, and every^man on the jury knows it. That will was^executed by Andrew J. Davis, and every^man of you know it. And that will was^afterwards destroyed.
THEF1HKT Wlt.li IIKVOKK.D.^Now, tbe question is. did that second^will revoke the llrst will^ Had it a re^^voking clause in il^ E. W. Knight^swears it bad, and be swears that be cop^^ied it from a will mud^ by an uncle of^his named John K;iigbt, and bo bad that^will in his possession here, and in that^will there are two revocation clauses, and^Knight swears that be copied those^clauses.
Righthere it might bo well to make^another remark. When he read^tbo will to A. J. Davis, and^tbo passage ^hereby revoking all^wills,^ Davis said, ^There is no need of^publishing that thing. I never made a tiy^other will. This is the first.^ Kuightsaid^to him, ^Well, that is tho way, that is the^form, and I think it is safer to have it^that way.^ He said, ^All right, let it go.
Howdo you fix that^ There is no way^out of it, that tho will was made in 1880,^revoking all former wills. The condi^^tions of tbe will of 1880, with rognrd to^working the mine, 111 regard to btquests^to nephews, in regard to Inquests to oth^^ers, the $1*0,1100 given to Jeff Davis, aud^the 130,000 given lu the girl, those provis^^ions are absolutely inconsistent with the^provisions of this will of l^yi. So on both^grounds the will of 1880 destroys, cancels^aud forever renders null and void the will^of I808, even if it hud been the genuine^will of A. J. Davis, and tho court will in^^struct you to Unit ellect.
SOOBCHIKOJl'DCC KNOW I.I s.^And after Mr. Keitii has testified, the^proponents in this ease stibnocnacd Mr.^Knight, ami if they thought Knight would^swear that Keith wus not tbo man, why^did they not put bun on the stand^ They^ran no risk. Ho is sn honest man. He^would tell tbe truth. I never bad the^slightest fear in bringing an honest man^on the stand. I want facts, and I hope,^as long as I live, that 1 nerer will win a^case I ought not to win on the facts. No^man should endeavor to win a cute bo^knows is wrong.
Isay there is not a man on this jury but^believes in his heart aud soul this minute^that tbe will was mtde. You have to throw^aside the testimony of perfectly good^men, and no matter whether what he^said about Irwin Davis lo Judge Ktiowles^was true are not^aud I mutt say 1 never^saw a witness on the stand 111 my life^more eager to tell his story than Judgo^Kuowlea was. N^ver. He was bound to^get it in or die. He answered questions^over object'ons before the court was al^^lowed to past upon the ohj^Ctiuus. Why'.'^Because be is the president of ibo f irst^National bunk. Now, without saying bo^was dishonest about it, I s iy he wus mis^^taken. Knight never caul u word of that^kind to bun. Il is impossible be should^So is Mr. Talbot mistnken. So is An^^drew J. Davis Jr , mistaken, and so ii^John A. Davis. Think ol the ktlkstsr idea^that a w ill nut Mgucl was given to Knight^to keep, attested by tw o witnesses, nu-l^not signed by th I t-'^lalor. As 1 under^^stand it, gentlemen, you w.ll iiove to Und^thai that will was made.
AIXABOIT m INKS.^What is the next great question in thit^case^ And the question hat will lie ar^^gued at some length, probably by the^other aide. And why^ Hie SUSS it is the^first and only point, so lar as facts un^^concerned, that they have won in this^case. Just one. And what is that^ Odff^experts bai l they thought that the ink^waa nlgrix-ino ink, and the fact that^they wanted a lest proves that they were^sincere. Their witnesses said they did^not think it was nigrocme ink. Mr.^^Hodges said it had too much lustre, but^that there was only one way wbieb he^could lie absolutely determ tie I, and that^was by chemical test. Dot. say these^gentb lin n, or lather said Judge Digea,^the moment that ink turns r^d the wh Je^caso of the contestauta vc.i- ^uckcd.^L^t us see.
Iftbere l ad Is-en no logwood ink in ex-^isienct ^ n -t a particle,^aftertl,'- 30.h day^of July, lUtj; if on tbe night rf ti e -^^h^of Jut. |gM,all the logwood ink on^earth had bat :i destroyed, aulj QmB th.s
inkhad turned out to be logwood, why^of course it would have b^eri a dent in-^at ation that this paper was written at^least at far back as tbe ^0.h nf July, D^^ I^If it bad turned out that it was^written in nigrocine ir.k, and that^tbst had only been invented in 187a, it^would liaro been a demonstration tliat^the will was a forger}*. Uut you roust^recollect toe fact that it is written in log^^wood ink is not only consistent with its^genuineness, but consistent with its be^^ing a forgery. Why^ There waa log^^wood Ink in existence in 1890^plenty nf^i^, and if Mr. E idy wrote lb s will in 189J.^be could have written it in logwood ink;^and the fart that it is written in logwood^ink does not show that it was written in^18U6 Because there was logwood ink In^existence every year from 18^^i tilt now^Suppose I said the paper waa only 10^years old and it turned out it wa^ 49, is^thai a demonstration in favor of the oilier^side^ If it turned out 10 be 10, it is a^deitioiistratinus on our side, but it il turns^out to he 40 it is a fact consistent with^tho genuineness of tbe instrument,^and also cons,stent with tbo smirioutuess^of the same in.ti umeiil. low call see^that. Motxdy is smart em ugh to fool you^on that. Nobody. Tuko the whole ques^^tion of ink out, and the question is still,^whether Eddy wro'.o it or not. Take the^ink nil uui, and it is still the question of^whether Duvs wrote it or not. Abso^^lutely, and ail tbe test proved was, that^our experts^some of them-were mis^^taken about its being nigroccne ink. Mr.^Tillman stated that il wus impossible to^tell without a chemical test; that it^looked like nigrocine ink, and Irom the^tuuuner ill which it seemed to run ho^thought il was nigrocine ink, but that it^wus impossible to tell without a teat. Mr.^Hodge*, their export, said it looked to^him like logw-cod ink; that it had too^much lu-tie for nigrocine, but be added^that it wus impossible to^tell without u chemical test.^That it what be said. Mr.^Eame* said the same thing, aud 1 app.'al^to yon, gciiilemeii. if Mr. Eaiin-s diti not^have the appearance of a candid und fair^man. Prosasaaff Hugan said thai it was^nigrocine ink, I ut bo admitted thut the^only Way 10 know wan to test it. Their^own expert. Mr. Hodges, said that log^^wood ink -iciietrales the paper. If thit^ink has been 011 hero L'5 yens il p^ nc-^trutes tbe paper. Whcie is that will^ 1^want to see it
Somestiinesall accident happens in^one's layer. A piece of that will was torn^elf this morning. You see the edge there^torn oil, slanting. You tee that ^o-f;^^how much that ink bus sunk in the paper^^Not the millionth part of it. It lies dead^on top of 11. You see how tho ink went^in tbere not a panicle^ It lies right on^top. 1 would call that Seat, There is the^other edg ^. There's where the ink stops.^Il batn'i entered a particle. And when^you go to your room, 1 want you to^look at it. That has not penetrated n^particle. And let's see what this witness^Hodges says: ^L ^gwood ink penetrate-,^the paper.' There it is. ^To determine^the nuturo of the ink, use hydrochloric^acul.^ What else
Ithink this will was written with Kei-^mel's ink, and that was made in Germany^on the neighborhood of 1810. Keimfl's^ink penetrates the paper.^ And then they^say we endeavored to draw a distinction^between modern and ancient. This is^what Mr. Hodges says about it:
Onthe addition ol hydrochloric arid to^logwood ink, it turns a bright red. Thu^old-fashioni tl ink wus manufactured by^mixing u decoction of logwood with^bromide of potash, and formed a blue^black solution. Logwood inks as made^to-day diifer from thine in that the mod^^ern logwood inks contain another sort of^chromide with the cliroiuide of potash:^they contain clironium in the form of^ucetatc or chlorine.Hodges was the man^that talked about ancient and mod^^ern logwood inks; and be, before^the test was made, said thai the old^logwood ink w ould turn a bright red; t^moderi: logword not so bright. Anil alter^Hie ividence was all in, Professor Ewell ]^came smiling to tin* post und says, *'lhe ,^older the duller the color, and the newer^the brighter,^ and after a moment said^^Ibis w as kind of dull.^ Then tbo test^waa made. Professor Tollman swore:^^I agree with 1'rofessor Hodges that if it I^is an old logwood ink, it wid turn bright^scarlet-red. lu tbe case of modern log^^wood inks, I don't agree with bun, but to^that extent 1 think bis tests are good.^^And be drew that distinction lie fore the^test was made.
Gentlemen,you saw this will. I want^to c ill your attention to it again. You^see that ^J ' in ^Sconce.^ That is pretty^red. Not so aw fully scarlet, though, that^it would uffect the turker gi bbler. You^see it in ^Job;^ you tee it 111 ^James;^ in^^Davis.^ and that is brown, and not red,^and not scarlet, und tin ll.mie 111 it, aim^Professor Hodges himself tuid that al^^though both were logwood Inks,^ho would not swear that ^Job^Davis'' and ^James Davis^ were^written with the same ink. You seo tbe^reel in that ^Job. ' You Und the red on^that ^s^ of ^E imes.^ Ho said he would^not swear that I hey wero written in the,^same ink, but both in togwood ink ; that !^is to say. they might hnve been dillon-iit^inks. While I would not swear they^were tbe same inks, 1 would swear boili^inks contained logwood;and that is all he^swore to, and 1 must say tliat 1 believe^he was a perfectly honest, fair gentle^^man.
Nowall that th ^ ink test proves on^earth is that it is logwood instead of ni^^grocine, and tliat does not prove that^Eddy didn't write tie- will, because there^was plenty nf logwood ink w hen be did^writo it. That is the kind of ink be used,^and it has 110 more bearing^the fact that^it turned out to ho logwood^to show that^it is a genuine will than though it had^turned out to be iron ink. Suppose both^experts bad been wrong on both sides,^aud that it turned out to be iron ink,^wbat would happen ihen ^ Is it a genu^^ine will^ Nothing can be more abturd^than to argue tliat that test tettled tbe^genuineness of this will.
Hodgessays another thing. That per^^haps tuat pen weul to the bottom of the^ink bottle and got a little of thu settlings^of tbe ink 011 it when be wrote ^James^llivis,^ and const qucntly tbnt lias u dif-^lerent color. Well, if the BM hud got^some of the sid mcnt on it, tho more^6ft!itueiit in-- more logwood, und tin-^more logwood the brighter the color.^Instead of that, it it dud. There it an- |
rightsin Montana as 1 have in New York,^and when you come tn New York I will^see that yen have as many rlgnis, if you^baapea around in my in^.giiimrhood,^as you have in Montana. That s^the kind nf nationality I halls te^in. I don't consider this little provincial^pri judiee, and yet Sandera invoked that^1-r. jidics. That insults you. We didn't^I as alt you when we asked, when you^went on the Jury, if you cared whether^the money stayed tn Uutte or not, or^whether ycu were interested or not, or^related or not, und those were the^questions asked every juror, and we re^^lied absolutely on your answers when^you said you were unprejudiced and that^you would give us a fair^trial, and we believe you will.
Now,then, with regard to tin so experts,^you have got to judge each one by bis tes^^timony, and it is foolish, it teems to rue,^t^ call no 111 vipers and pirates, aa Sanders^did. Very s:rung exprcs,ion-^vipers,^^^l rates,^ living elf tin- tubitntico of^others; and yet be bad an expert on the^stand, Mr. Dickinson, another Mr. I'.nell,^and Mr. Hodges; and after t ut be rises^ap In-fore' tins j iry and calls^thi ni ihrco ^vi| ers^ u..d three ^pirate.^^If 1 a-1, a man to awenr lor^on, und be does the host be can, 1^leave the ^prate'' outJ I will drop the^^vi| er^ unit aland by buu if 1 think be is^lolling tga^ truth. If not, 1 won't say^much ubout bun. 1 don't waul to hurt^ins leeluiga. 1, r.glit here, might nt well^say that that man Jack son, who came here^from Baxeae, Mo., and when 1 suid Duller^w as a pretty tough place, rose up in his^Wrath and said it was as good as New-^York any day^that man eaul tn.it w h, 11^be taw the will be doesn't remember scc-^^ ug tin* tiuiues of Jam- s Davis and Sconce^on it, but he did racat iii.s-r of seeing tb -^n.iino Job Davia. 1 don't think he taw^any of it. Now. there is another question^lii ri - lit cause 1 have said etiougo about^11.k, at least enough to give you an 111k-^liug of my view. Tht re is another tpjes*
IRAKJ jnllN Davis AS K BOMMCn^b* didn't John A. Divis lake
Mm
stand'.' That is a se rious question. J-ditt^A. Davis had sworn, on th-- lll-.tiof March,^Mi, that Ins brother du d without a will.^John A. Dav:s, on tbe -4-h day of July,^Hied u will 111 which lie was the legutec.
Ioat w ill came into bis pos-cstion ajajaV r^tuspicinui circumstances. What woti.tl a^p rtictlt- Iratik and candid man lev -^Utiiit ^ What would you have done V You^would not have allowed yourself to re^^main under suspicion one moment. You^Would have saiil, ^1 got that will so and^so; ^bud let in the light ^ I obtained il in^such a place. It is an honest, genuine^w ill, and here it is, and here ure the wit^^nesses lo that wdl.^ But instead of that,^be never opened his mouth, except to
IIc a petition, swearing that it came into^bis possession on the 1st dav of Jii y. He^knew bo was suspected, didn t he^^Hn knew the men m whose-^Veins bis blood flowed, ImJicvciI^Hie wiil was a lorgery ^ knew^that good men and women believed he^was a robber, and that he was endeavor^^ing to steal their partiou. II' knew that^not any man that lovet bis own reputa^^tion, any man that ever fell the glow of^honor 111 bis lu art 0110 moment would^tiuve been willing to rest under such a sus^^picion, or under such an imputation, il^^wi iilil have said, ^Hero is Us history.^Here s wb^ re I got it. It is not a forged^will. It is genuine. Hero arc thu wit^^nesses wb ^ know all about it. Here is^bow 1 cuiue into possession of 11.
No,s.r. Not a word. Speechless^totiguelest^ami be comes into tins court^and comes on this stand to be a witness^and is usked about 11 conversation be bad^with II urs'cl, and then we asked buu,^^How did you come into the possession of^thui w.ll ^' when bis lawyir, itiierpote^between hiiii and the answer to the^question^they object. If be cam ^ by^Use! will honestly l.e would have said,^^1 am going to tell tb 1 whole^story.^ He wants you to believe be i-.inn'^by it honestly, doesn't be^ Ho not only^wiinW you 10 bell-ve it, gentlemen, but^be asks IL' inch^ you -lo swiar that he^i amo by 11 honestly, doesn't he'.' It you^give your verdict tliat that is 11 genuine^will, then you give your oath thai John^A. Davis came by it honestly; uinl he^wants you I- men to swear It. And yet^l.e dare not swear it himself. He wants^you 10 do his swearing. Ho is^afraid to stand in your pres^^ence and tell the history of that^will. He is air.ud to tell tin- niinie of the^mail from whom he received it. He is^afraid to tell how much he gavo for it;^annul to tell bow much be promised. He^1- ufratd to toll how they obtained the^witnesses to substantiate it 111 the way^tin y have. Gcntlcim-n, you let bun tell^his own Mat*, ' lugbtu't you, gentlemen,^to lie clt-vt-r enough to lot him do bts own^swearing.
1ask you again, if be came by Ibat will^honestly, fairly, above hoard, wouldn't^lie lie glad lo tell you the story ^ W o'tldu't^In-lie glad to make it plum 10 you^ if^that was a |^crit ctly honest will am)came^10 him througn perfectly pure channel-,^wouldn't l.o want you 10 know 11V^Wouldn't be w aul every mini und wmiiuu^in this city to know 11 ^ All ol ins neigh^^bors to kuow It^ And yet bo is wiil-^iiul, when this case is being tried,^und when on the stand 1 usk how be got^th^ will^he is willing to dose his mouth^- to admit thui ho is afraid to tell; und 1^tall you to-day, gentlemen, the siloncu of^J -tin A. Davis is a confession of guilt.^Mini he knows it, and his attorneys know^it. A client ufratd to swear Ibat be didn't^forge a will, or have it forced, and then^want lo hire a man to defend bun an I^call lum honest. Weil, be would buve lo^hire buu. He wouldn't get tin 111 In^nothing. And yet be is utking you to do^It, if John A. Davis came properlv by it,^let bun say sn under oath. Yt 11 ought not^go anil swear to it tor Max, Not otic sff^you.
WB*JJMwxs HillY AM. THT. TIM!it^And ibore is another question in this^thing. Why didn't Ji.mes It. Eddy lake^the stand^ We charged him with forg^^ing tba will. NYe mane uu oiU-Juvit. set*^tt.ig lorlb that bo diel forge ibo w-ul, and^in this very court Mr. Disou aroso and^aaid bo was glint that tbo charge bail^besn fixed and tbe man had been desig^^nated. Judge D x 11 said In re, before^this jury, when this rase was^opsaaa ^Tiio in in who is charged^th forging ibis will, will li
othertroubl
IBMro:t sANiii iis^With regard to the experts, while tin-^tloubtedly there are some men who do^not swe-ar to the exact truth, wfietherpaid^t r not, undoubted y tome men swear^truthfully wbo are paid, 1 don't believe^you doubt tbo usiinuuiy of H-vlges aimj ly^(^^ cause yt ti paid him so much u duy. 1^don't. Ai d certainly we buve found 110^men ready to go ,,r^-und llie couu'ry^swearing for nothing. 1 judge ol to^^man's oath, not by what be it^paid, but the manner in which^he gives bis testimony^by the reason j^11.ere is behui i ii. That's the way 1^judge. And ye t Sanders, in a bust of I^Montana aval, because ho had just sold I^lue state of Montana, tx-gati an eulogy^upon the whole thing. I ike Montana. I^toe^, and believe 1 aiontana people :.i ^^big enough ami w ide enough not to Im-^ceme pre Judiceil against a man becau-c 1^he comes from anotlier state. Every state-^ill this nation is r 1 r. senied in Moipau ,^anil the people who left the old tunic.1^states and came 1 at 10 the new tern- I^torn s dropped tbeir prejudices upon the |^way^am) sometimes 1 thins that w a-^wbat killed the grn-^. I like a (tod, per^^fectly pure, camlid, ^ Inva reus pi-upl- ^1 tb^don't e-ure where* you c^ 1110 from^wi ,-r^you were born. Y'o 1 arc all men, a id w e^ull bav.'our righis, and as long us t.,-^olu lljt 11 a s over me I have just as i.i .n-
jhire. Hi will stand boh.ro this^\ jury face lo fuce, and he will explain his^1 , ..utctioii with the urlM to your sattefaa*^lion. * Tliat is what Judge D xoti said,^i Where ^h your witm ss V Win re is James^I It 1. My V Why didn't you bring mm^1 forwaM^ 1 kuow ho is here now ^ tie-^1 ohlcd w in the iiotoilcty that the charge^ol lorgery gives htm; deiigbtud 1 ^ be^I ebaMad with ii, and he will probably U- i^my lriend us long us lie lives, Im-c.iiisc 1 |^OSVS added to lis llotone-y by saJTiag 1^to- is u forger. \\ tiy dulu t tin y bring^him ou tbe stand ^ Mr. D.xon g.ves one
I.a-'-n. Dliause lie- jury won tin t b -^1 is ve lum. Ami that is Hie man w 110 is^llrst 'outid in possession of liiat will. 1 hat^1- do 111 an 111 whose hands it is, utnl it is^from th it in-ill that John A. Davit raw 'ivad^it. And the leaaoii he is leu put emtio-^hta-ol is that it is the deliberate optmcti^ol ^ h ^ learned counsel 111 this caso tun I ao^jury would belu va bint.
Hoardoes that w01 k wihyou^ Janus^K l.dily tier*'^bis ilepi sition hen ^an I
II.1 y could not reuil in-d^ |M^siiion beeau-e^le was Here ^and th y bad bun beta an 1^kept bun here, so we couldn't read bis^Ut-poailiua. 'They were bound i.-.teud^r to go upon tbe stale- Why'.' Iiecatl-e
assent bo got there be rnuld Ik*^ked. Wliere did ^oii find the w ''.' v\ ho^w-iit present when you foiiul it^ When^list you first tell anybody ab tit it^^Wb n did you first snow it to Joint A.
Davs^ How much did he agree tn give^you for il^ What witnesses bavo you^talk-d to 111 this case'.' Wbat witnesses^have you written to 111 lint case ^ What^work baV4 you tlone in nut rate'.' What^affidavits bavo you made ill ibis case^^And what have you d -no with the other^three wills tliat you have in this rate
Sucbquestions might be atked him.^and they wero afraid to put him on the^stand. Every letter that he had written^would liavo been identified by lum if he^bad been put on the stand. Mayb ^ he^would have lieen ublu to write lo the pres^^ence of the jury, to see w bother he would^spell words correctly. They knew that^th-} m^ ment he went on the stand that^the r case was as dead as the corpse of^Julius Caesar. Tbey knew it, ami kept^lum t IT
THEONI.V WAV IO WIN IT.^Now Ihcre is oti.y one way for them lo^win ibis case. And thai is to ket p out^stta evidence. 11 ity one ^ ay to w in the^cast ^ suppress John A Davit. Keep^your month sunt, or defeat will leap out^of it. E hly, keep still. Don't lei any^^thing be seen that will tluow any light^upon tins. I usk you, gentlemen of the^j iry, to take ct gnIg nice of what^uas been done in tins aajggs Wbo^is it that bat tried to get the^law^ Who ts it th il has tr.ed to ir-st the^evidence^ Wbo is it that has o- i cted V^Who is it that wants you to try this case^dark^ Who is 11 that wants you to guess^on your oaths ^ '1 he failure of I'..hly to^testily is a confession'of guilt. 'They dare^not put him on the stand. Dare not.
N^w, gentlemen, there is a little more^evidence in this case to which 1 am going^to call your attention. Something has^b -eu said ubout a conversation in March,^UML Sconce bail bis ileuiositiou taken la^it^o.,inlleld, Iowa. That deposition bis^been suppressed. John A. Dav s was^thereat the tune it was taken. J din A^Davis and Sconce all went into the entry^leaning up to lie* ^ llice of Curriilbers.^Mr. Merchant, slunir of the county,^having no possible ear,hly or heavenly^interest in this business, happened to stop^at the ci rncr to read Ins paper ^look at^11 as he o( etied ii- and he then and there^'icard Joan A. Davit say, ^Stick to that^Store and 1 will sec that ynu are paid ull^the money vou have In ea promised ;^ atld^tbere'llp ill Sconce replied, ^All right, I'll^do 11.^ ScoiiC't denies 11. und that^dnnisl isn't worth th.* breath that be^wastetl 111 forming the denial, John A^Uavis deities it. Ofcoiuto be deities it.^Hut be dare not tell w here be gal thai^will. He dare not tin 11. He wants you to^do that for him. H ^ wauls you to lift^htm out of that gutter and wuah that mud^off him. He's atraid to tin it Tunis.-If.
1want to call your attention t , ibat^conversation, ami that of itself is enough^10 impeach Sconce. '1 h 're is enough, 01^baaif, to show that John A. Davit was^entering into a speculation. or^ruthcr had entered into one, with Mr.^Sconce, Tbere it anotlier thing, ami wo^must never forget it. Curious people^down in Salt Creek township, 011 the^other side; of course there are plenty of^good men lb-re, or tbe township could^not exist, und we had a good ill any nf^them her, ^ood-hearted, honest, intelli^^gent looking men. But the other side,^they have Ibein all in the family. All ot^them. Swayuo wasn't ill tbo family,^but he's a clerk in Tremolo's bank. Y'cs.^Walliice is tbe cashier where they sup^^pressed tin* depositions.
Colonel1 ujersoll then rerito 1 tbo re^^markable manlier in wbieb ull of John^A. Davis' witnesses were intermarried^ami related to one another. Then bo^cuntiuu -tl:
There'sa family tree. AT growing 011^the name tree, and there's a wonderful^likclie s 111 the fru t.
JlIn.K 11 Wis' till.N e t DM*^Take the signature of A. J. Davis, ami^1 want you all to look ut it. 1 -ay ii is^in.i'le up of pieces. 1 say il is u patch^^work^a dead signature. Il l-at 110 per^^sonality in it. of coiirao i v ry counter-^Mil worth anything looks l.ko the^origlliul, and ll.e Heart r 11^looks like the original tbe^bolter lb^ counterfeit. But all^the witnesses, wlio b ,ve swum that it^is bis signature, on Hit- side of the propo^^nent, ulso swear that In-wrote a rsptd,^fir iii band -nervous, bold, free, an I mat^be scarcely ever took hit pen from the^paper from ibo tune lie commenced bis^naine nil be finished. And I want you lo^look at that name. I will risk your souse;^1 will risk your judgment^boueat, fair^and free ^ whether linn is a made signa^^ture, or whether it is the honest s guuturc^ot any human being.
1contend, Ural, that the evidence^shows, beyond all doubt, that Job Davis^did not write ilnswill; see old, that It is^shown aaatastd all dosavt. that James It.^Edtly d d write tins will, and that that^evidence amounts to u tl'-ui-itistratioii. 1^claim that the will of IH81 was made pre^^cisely as E. W. Kuigbt and K'-ith swear.^1 dial thai will wus totady inconsistent^with the will of lMili, the provisions of^which uro incuiis.stent; und thai that^will was destroyed, and n.at tin re is not
0110particle of evidence beneath the can^^opy of heaven to show that 11 was not^mad-- and 10 show that it was hoi after-^ward* destroyed, and the curl will in^^struct you to.it the will of ls-iii, even if^geuinuc, is not revived.
1stMM I.Mi IT AI.l. I
ThisIs the end of the c isc. S i 1 claim^thai the proJiahilitica, the reason, the^1 .it-iralues ore all on the side of the con-^leetantS in thisca-c. All! Ami 1 n il you,^that if the evidence eati be dcpctidetl 011^at all, A. J. Davis went to bis gravo with^the idea that the law made a will good^enough for him. Do youbelievi ,tf he were^here, if be bud u Voice, lliui tie would^Hike tins property uud give it to John A.^Davis ami leave out tile children of the^very worn in that raise d him '.' That be^would leave out hit sitters, thut be would^leave uut llie children of bis sisters and^brothers ^ Dj y ^u balieye it ^ I know^that not one man in to.it jury box be^^lieves it.
Thiscaso Is in your hands; tbst prop^^erty is 111 your bunds. All these millions,^however many there may be. they arc^in your bunds; they i.ra to be dis^^posed of by you under instructions from^tbo court as to the luw. You aru to do^it. Ami, do you know, there is not a^paaxtder positf ^n iti the world there, isn't^u xaoreSndenxtia thing than to lie 111 the^piac win r^- you can no justice. Above^everybody, ami above t v- r/thll.g should^be llie uiea of justice; au l when a man^banaxMsB to Bit flpotl lue j iry 111 a ease^I ke this, or any other imp jriani cast-, ti ^^ought lo congratulate Mangaa that^b^ has tia- opp r unity of sb iwitig,^llrst, that be is a man, anil sec^^ond, of doing what ill Ins judg^^ment ought to M done. And there will^never bo a prouder recollection com-' to^y.oi hen after 1 ban tbtt you did your holiest
iiuty111 this aaaa, Say to Uals ataj|Msxu M ;
Dyou want to show ut that you got^ibis will hom ntly, why didn't yn i swear;^il rasj w.illicit us |a believe It was u genu^^ine will, why ilieln't you buve tho neivo^to take your oath^
Now.you h tve tho opportunity, gentle^^men, of th itig what is right. Y'-ur prvj-i-^dice bus tn eu appealed lo, bail I Say that^you have the mullb mmI ; thit y. 11 have the
inseHigenee,aaM tnat yea have tho bon-
ettyto do 1 x ictly wha*. y ut bal u-v-- to ba^right, and w n -tlnr you agree w ith mo or^not, 1 sbuli not call 111 t| IsStioa your Ins^tc-gi ity or yi usr ni nib ^ u. 1 am genatatM^enough to .diow il ff'-rcuccs ol opinion.^1 ut w lien yi.y come t^- making up your ver^^dict, 1 impio,-o you to demand of yours tU^'.lo- reuson; to t-e gti th d I y what is nat^^ural; lo lie git'iicil by wt at is reus-^^ liable. I want you to find that this w ill^wat found in the possession of Edtly
111April or March, next in the^[.amis of John A. Pavis; and mat John^A Davis Uaru not Ull how be came ill
- that will he couid have had^' of -.Mi.11') a year was not satis-
possessionnf it. John A. Davis, on tbe^edge of tbo grave^for this world but^a tew dnys, and according to the law
nni'c:an Mai
liedwith ibat; be wanted to take from^his own brothers and sisters, wanted to^leave Ins own blood in beggary, ho him^^self not Im ingsatitfled WittituO.OCOaysar.^He never saw the tuna in bit life that he^could earn $6,0 Ut a year, and be was not^satitfl M w.tb ibat. Hi wanted four and^a half 111 in his for himself.
Gentlemen,I want you to do justice be^^tween all these heirs. I want you to show^to the United States that you have the^manhood, that you are free from prej ti^^ll ice, that you are influenced only by ihe^facts, only by the evidence, and that^being ao influenced you give a perfectly^fair verdict^a vsrdioi you will be proud^of as long as you l.vo. How would you^feel to Und a veril.ct here that this a^good will, and afterwards bavo it turn^out to be what it ia^the bung^^ling work of an ignorant forger
A rOWFIIKl% API'KAte
AllI ask is to take ibis rvnlence into^consideration. D ^n't be misled, by a^t brittian, nor 1 y sinners, for that matter.^I. t us to- absolutely honest with each^other. W'o have been together for sev^^eral weeks, and havo got tolerably well^111 j 1.1 ^[ 1 it ^i I bavo tried to tri al every-^hoilJT fairly ami kindly, .ml huv I tried to^do so 111 this address. 1 have had bard^work lo keep within e nam limits. Words^have got into my mouili and in^^sisted on getting out, but I said: ^You^go away ; you go away.^ 1 don't want to^hurt |H-ople's le-e-liugs if 1 can help it. 1^don't want anyone unnecessarily humili^^ated, but I say thai w bait ver stands be^^tween gen ami justice must give way, and^if you have to walk over reputations^if^ibey bocninu the pavement^ you can't^help it. You inns, do exactly what is^right and let those who have done wrong^In ar the consi ipicnces.
Now,gentlemen, 1 have confidence in^ynu. 1 liavo coiilhlence in this verdict. 1^Hunk I know what it will 1m-. It will be^that the will is spurious, aud that the will^of MM rt v. k -tl it. whether spurious or^not. That is my judgment, and 1 don't^dunk there is any man III the world smart
^Lough or ingenious enough lo get any^other verdict from you as long as John A.^llavis was afraid to swear that it was an^honest will; aa long aa James K.Eddy,^lb ^ forger. Hare not take the stand. Ami^ibey will never gel a verdict in this world^w olu on taking the Maud, and if tbey do^lake it, thut is Ibo cud. There is wuero^tiiey arc.
All1 ask in the world, as I said, ia a^fair, honest, impartial venlict at your^hands. That 1 exneet. More than that I^do not usk. Geutlemen, 1 may never see^you again after this triul Is over^sep^^arated we may bo forever ^but 1 want lo^thank you Maaa tbo bottom of my heart^tor the attention you have paid to tho
videiicn in tins ease, and for the patient^hearing that you have given me.
woolwohthon the WlLL.
Ihe Oiualis Allorury scores the Chief^tl illirstes of the Contestants.
AfterIngrrsoll took bis seat Mr. Wool-^worth aroso and began n savage attack^tin llie Ktugtit will, or as ho called it, tbe^Helena will. He said the reason and mo^^tive fur making such a will as Mr. Knight^described did not exist. Mr. Knight^swore that Judge Davis told him bo^wanted tn make a will so us to se^^cure tbo development of the Lexing^^ton mine. But the mine was^already develop, d. Mr. Knight admitted^ibat the ato.uuu tb bt to the bank had been^paid at the tune tbo will was executed.^Mr. Knight didn't remember when the^w ill was made or who tbe wiluesses were,^yet be could recite me very words of the^revoking clause from beginning to end.^Was thai reasonable'.' Was it rea-^s nabte to suppose tliat he^couldn't remember ih^ date of what^was probably the most important^transaction iu hit whole lifetime. Mr.^Keith was found and put on tbo sland as^a witm ss to testify to the will, but the^conw slants were careful not to ask him^anything iitiout the cniitenta of the will.^Why^ I bey kti^w that bo wouldn't tell^the same story as Kn gilt. T he propo^^nents, under the rule of law, were unable^in rrosB-cxatiiiiio Into on this point.^Knight swore that be went either^hi Know let' or Dix ui's olllce to consult^them us to the law before making the^will but iu thai year, D8I, neither Judge^Knowles or Judge Dixuti was iu Butte.^Was the testimony of one man concern^^ing tbo revocation clause of a decisive^eh a racier
UKI'll ol l .It T INIIKIISOM. THO FlNST,
Mr.Wooiworiu dilatetl upon the con^^versation between Mr. K'i gut ami Judge^Knowles ut Garrison, uud iu the most en^^thusiastic terms etilog ii'd Judge Kuowlea'^character.
Mr.Woolworlh critictied Ingorsoll's^treaimcut of Mrs. Downey, lugcrsoil, be^-aid, regarded not only lawsuits but iifu^Itself us ana lingo j ^ke.
Mr.Woolwortti utso defended Mr.^Sconccat length tin 1 enumerated tbe^tilleeti persons wh ^ swore mat tin y bad^seen the wul. The siK'liing and otber pe^^eu larities of tbo will I avail w re dis^^cussed. Mr. Woolworlh urged the jury^in lieware of tbe iiiicroscoiw when ibey^retired to il 'liberals', lor the iii.crjscone^was an instrument of deception, lie^lauded John A. Davis as a man incapable^of having anything to do with a forgery.^The learned enunsel who preferred sueh^charges bad fi Motaen what is duo not^only to women but to men.
THEJUDGE'S charge.
IlWas Coticatlrel by all Parties lo ba Kaw
lurntlyfair auel Impartial^Judge MeII ttluu then proceeded to de^^liver his charge to the jury. He said tho^jury must past upon these propositions:^First, is this will which Is offeree! for,'pro-^bate getiutno or a forgery ; Second, if gen^^uine, wus the will revoked in a subse^^quent will; Third, if not exuressly re^^voked iu a subsequent will wero tbe terms^of such subsequent will, if any, inconsist^^ent with the will offeretl for probate;^Fourth, was the will offcrcel for probate^republ'shed ufter tbe destruction of a sec^^ond will, if any.
I'lHjtithe fourth proposition tho court^instructed the jury to Und in the negative,^as no evidence of republication bad been^adduced. He reviewed llie three other^points in a mauut-r winch was universally^admitted lo bo emiueully fuir atld impar^^tial.
At8:11) o'clock be was through. Ho^gave the will ami a microse'o[Mt to the^jury, addrested u few purling instructions
tothem and adjourned the court.
IN a WINE room.
Moots
A1 tit e tilrt MatsnM late ths^C'rUlo saloon.^Ill Tt i, Si pt. t Late last night a po^^liceman on West itroudway was notified^thai a little' girl was in one of the wins^r it-ins of llie Moult* l/risto saloon. Ths^complaint was made ly friends of the^girl and they requested him lo lake bet^out. Tlietf^ccr ilol so and fount! the^girl M be* Maine liuusou, who was iu^company with u woman known as Miss^Lee, who had entut.l th^ girl into tbe^saloon. A little later ^Miss Lee^ also^hurriedly left the place accompanied by^tier husband, wMBx- somebody bad in^^formed of bis w ife's win r- abouts. Tb^^girl's mother resides at Philipeburg and^the chiitl is here visiting friends.
Smokethe lrw iu baud tuade I igar.