Sometimes an accident happens in our favor; a piece of that will was torn off this morning. You see the edge there torn off slanting. You see that "o-f"; how much that ink has sunk into that paper. Not the millionth part of a hair. It lies dead upon the top. Just see how the ink went in there--not a particle. It lies right on top. I would call that "float." There is the other edge. There is where the ink stops. It has not entered a particle. And when you go to your room I want you to look at it. That ink has not penetrated a particle. And let us see what this witness Hodges says: "Logwood ink penetrates the paper."
There it is, "to determine the nature of the ink, use hydrochloric acid." What else?
"I think this will was written with Reimal's ink, and that was made in Germany in the neighborhood of 1840. Reimal's ink penetrates the paper."
And then they say that we endeavored to draw a distinction between modern and ancient. This is what Mr. Hodges says about it.
On the addition of hydrochloric acid to logwood ink it will turn to a bright red. The old-fashioned ink was manufactured by mixing a decoction of logwood with chromide of potash and formed a blue black solution.
Logwood inks as made to-day differ from those, in that the modern logwood inks contain another sort of chrome than chromide of potash; they contain chromium in the form of an acetate or a chlorine.
Hodges was the man that talked about ancient and modern logwood inks; and he, before the test was made, said that the old logwood ink would turn a bright red, modern logwood not so bright. And after the evidence was all in, Professor Elwell came smilingly to the post and said, "they have got it exactly wrong end to; the older the duller and the newer the brighter." And after a moment said, "This was kind of dull." Before the test was made, Mr. Tolman swore, "I agree with Professor Hodges that if it is an old logwood ink it will turn a bright, scarlet red. In the case of modern logwood inks I don't agree with him, but to that extent I think his tests are good," and he drew that distinction before the test was made.
Gentlemen, you saw this will. I want to call your attention to it again.
You see that "J" in Sconce's name, that is pretty red. Not so awfully scarlet, though, that it would affect a turkey gobbler. You see it in "Job"; you see it in "James Davis," but there it is brown, and not red, and not scarlet, and no flame in it, and Professor Hodges himself said that although both were logwood inks, he would not swear that Job Davis and James Davis were written with the same ink. Do you see the red in that "Job"?
Now find the red on that "s" of "James." He said he would not swear that they were written in the same ink, but both in logwood ink, that is to say, they might have been different inks. While I would not swear that they were the same inks, I would swear that both inks contained logwood.
And that is all he swore to, and I must say that I believe he was a perfectly honest, fair gentleman.
Now, all that the ink test proves on earth is that it is logwood instead of nigrosin, and that does not prove that Eddy did not write the will, because there was plenty of logwood ink when he did write it. That is the kind of ink he used. And it has no more bearing--the fact that it turned out to be logwood--to show that it is a genuine will than though it had turned out to be iron ink. Suppose the experts had been wrong on both sides, and it had turned out to be iron ink, what would have happened then? Is it a genuine will? Nothing can be more absurd than to argue that that test settled the genuineness of this will.
Hodges says another thing; that perhaps the pen went to the bottom of the ink bottle and got a little of the settlings of the ink on it, when he wrote "James Davis," and consequently that has a different color.
Well, if the pen had gotten some of this sediment on it, the more sediment the more logwood, and the more logwood the brighter the color.
Instead of that, it is dull.
There is another trouble: With regard to the experts, while undoubtedly there are some men who do not swear to the exact truth, whether paid or not, undoubtedly some men swear truthfully who are paid. I do not believe that you doubt the testimony of Hodges simply because you paid him so much a day. I don't. And certainly we have found no men philanthropic enough to go around the country swearing for nothing. I judge of the man's oath, not by what he is paid, but by the manner in which he gives his testimony--by the reason there is behind it. That is the way I judge and yet Senator Sanders judges otherwise, as he told you in a burst of Montana zeal. * * *
I like Montana, too, and I believe the Montana people are big enough and broad enough not to have prejudice against a man because he comes from another State. Every State in this Union is represented in Montana, and the people who left the old settled States and came out to the new Territories, dropped their prejudices on the way--and sometimes I have thought that that is what killed the grass. I like a good, brave, free, candid, chivalric people. I don't care where you come from--I don't care where you were born. We are all men, and we all have our rights; and as long as the old flag floats over me, I have just as many rights in Montana as I have in New York. And when you come to New York I will see that you have as many rights, if you are in my neighborhood, as you have in Montana. That is the kind of nationality I believe in. I hate this little, provincial prejudice; and yet Senator Sanders invoked that prejudice. That insults you. We did not insult you when we asked you when you went on the jury, if you cared whether the money stayed in Butte or not, or whether you were interested or not, or related or not.
Those were the questions asked every juror, and we relied absolutely on your answers when you said that you were unprejudiced, and that you would give us a fair trial; and we believe you will.
Now, then, with regard to these experts, you have got to judge each one by his testimony; and it is foolish it seems to me, to call them vipers and pirates, as Senator Sanders did. A very strong expression--"vipers, pirates" living off, he said, the substance of others; and yet he had an expert on the stand, Mr. Dickinson; he had another, Mr. Elwell; he had another, Mr. Hodges; and after that he rises up before this jury and calls them "three vipers" and "three pirates." I never will do that, If I ask a man to swear for me, and he does the best he can, I will leave the "pirate" out.
I will drop the "viper," and I will stand by him, if I think he is telling the truth; and if he is not I won't say much about him; I don't want to hurt his feelings. But I want to call your attention again to the fact that every expert on our side swore, knowing that they had three experts on the other side, and that if we made a mistake they could catch us in it; and we did make a mistake in that ink; and the test showed that we made a mistake, and that is all the test did show; but it did not show that the will is genuine any more than if it had turned out to be carbon ink; then both sides would have been mistaken.
And yet after all it did turn out to be modern logwood ink, and it did turn out not to be Reimal's logwood ink, made of the chromate of potassium; did turn out not to be that, and I say on this will that there is an absolute, decided and distinct difference between the color on the name Job Davis and the name James Davis. And right here, I might as well say that that man Jackson, who came here from Butler, Mo.--and when I said Butler was a pretty tough place, rose up in his wrath and said it was as good as New York any day--that man says that when he saw the will he does not remember of seeing the names of James Davis and Sconce in it, but he did remember of seeing the name of Job Davis.
I don't think he saw any of it. Now, there is another question here--because I have said enough about ink, at least enough to give you an inkling of my views.
There is another question. Why didn't John A. Davis take the stand? That is a serious question. John A. Davis had sworn, on the 13th of March, 1890, that his brother died without a will. John A. Davis, on the 24th day of July, 1890, filed a will in which he was the legatee. That will came into his possession under suspicious circumstances. What would a perfectly frank and candid man have done? What would you have done? You would not have allowed yourself to remain under suspicion one moment.
You would have said, "I got that will so and so." You would have let in the light, "I obtained it in such a place, it is an honest, genuine will, and here it is, and here are the witnesses to that will." But instead of that, John A. Davis never opened his mouth, except to file a petition swearing that it came into his possession on the first day of July. He knew that he was suspected, didn't he? He knew that the men in whose veins his blood flowed believed that the will was a forgery--knew that good men and women believed that he was a robber, and that he was endeavoring to steal their portion. He knew that, and any man that loves his own reputation and any man that ever felt the glow of honor in his heart one moment, would not have been willing to rest under such a suspicion or under such an imputation. He would have said: "Here is its history, here is where I got it, it is not a forged will. It is genuine.
Here are the witnesses that know all about it. Here is how I came into possession of it."
No, sir. Not a word. Speechless--tongueless. And he comes into this court and comes on to this stand to be a witness, and is asked about a conversation he had with Burchett, and then we asked him, "How did you come into the possession of that will?" All his lawyers leaped between him and the answer to that question. They objected. If he came by that will honestly he would have said, "I am going to tell the whole story."
He wants you to believe that he came by it honestly, doesn't he? He wants you to believe it. He not only wants you to believe it, gentlemen, but he asks twelve men--you--to swear that he came by it honestly, doesn't he? If you give your verdict that that is a genuine will, then you give your oath that John A. Davis came by it honestly; and he wants you twelve men to swear it. And yet he dare not swear it himself. He wants you to do his swearing. He is afraid to stand in your presence and tell the history of that will. He is afraid to tell the name of the man from whom he received it. He is afraid to tell how much he gave for it; afraid to tell how much he promised. He is afraid to tell how they obtained witnesses to substantiate it in the way they have. Well, now, ought not you to let him tell his own story, ought not you, gentlemen, to be clever enough to let him do his own swearing?
Now, I will ask you again if he came by that will honestly, fairly, above board, would he not be glad to tell you the story? Would he not be glad to make it plain to you? If that was a perfectly honest will and came to him through perfectly pure channels, would he not want you to know it? Would he not want every man and woman in this city to know it?
Would he not want all his neighbors to know it? And yet, he is willing, when this case is being tried, and when he is on the stand, and asked how he got the will--he is willing to close his mouth--willing to admit that he is afraid to tell; and I tell you to-day, gentlemen, that the silence of John A. Davis is a confession of guilt, and he knows it, and his attorneys know it. A client afraid to swear that he did not forge a will, or have it forged, and then want to hire a man to defend him and call him honest! Well, he would have to hire him; he would not get anybody for nothing. And yet he is asking you to do it. If John A. Davis came properly by it, let him say so under oath. Don't you swear to it for him, not one of you.
Now, there is another question. Why did not James R. Eddy take the stand? We charged him with forging the will. We made an affidavit setting forth that he did forge the will, and in this very court Mr.
Dixon arose and said he was glad that the charge had been fixed, and the man had been designated. Judge Dixon said here, before this jury, when this case was opened, "the man who was charged with forging this will will be here. He will stand before this jury face to face; and he will explain his connections with the will to your satisfaction." That is what Judge Dixon said. Where is your witness? Where is James R. Eddy?
Why did you not bring him forward? I know he is here now--delighted with the notoriety that this charge of forgery gives him--with a moral nature that is an abyss of shallowness,--delighted to be charged with it, and he will probably be my friend as long as he lives, because I have added to his notoriety by saying he is a forger. Why did they not bring him on the stand? Mr. Dixon gives one reason. Because the jury would not believe him. And that is the man who is first found in possession of this will. That is the man in whose hands it is, and it is from that man that John A. Davis received it. And the reason that he is not put on the stand is that it is the deliberate opinion of the learned counsel in this case that no jury would believe him.
How does that work with you? James R. Eddy here--his deposition here--and they could not read his deposition because he was here--and they had him here and kept him here, so that we could not read his deposition. They were bound that he should not go on the stand. Why?
Because the moment he got there he could be asked, Where did you find the will? Who was present when you found it? When did you first tell anybody about it? When did you first show it to John A. Davis? How much did he agree to give you for it? What witnesses have you talked to in this case? What witnesses have you written to in this case? What work have you done in this case? What affidavits have you made in this case?
And what have you done with the other three wills that you have in this case?
Such questions might be asked him, and they were afraid to put him on the stand. Every letter that he had written would have been identified by him if he had been put on the stand. Maybe he would have been compelled to write in the presence of the jury, to see whether he would spell words correctly.
They knew that the moment he went on the stand their case was as dead as Julius Caesar. They knew it and kept him off.
Now, there is only one way for them to win this case. And that is to keep out the evidence. Only one way to win the case--suppress John A.
Davis. Keep your mouth closed or defeat will leap out of it. Eddy, keep still. Don't let anything be seen that will throw any light upon this. I ask you, gentlemen of the jury, to take cognizance of what has been done in this case. Who is it that has tried to get the light? Who is it that has tried to get the evidence? Who is it that has objected? Who is it that wants you to try this case in the dark? Who is it that wants you to guess on your oaths? The failure of Eddy to testify is a confession of guilt. They dare not put him on the stand--dare not.
Now, gentlemen, there is a little more evidence in this case to which I am going to call your attention. Something has been said about a conversation in March, 1891. Sconce had his deposition taken in Bloomfield, Iowa. That deposition has been suppressed. John A. Davis was there at the time it was taken. John A. Davis and Sconce went into the passage leading up to the office of Carruthers. Mr. Burchett, sheriff of the county, a man having no possible earthly or heavenly interest in this business, happened to stop at the corner to read his paper--looked at it as he opened it--and he then and there heard John A. Davis say, "Stick to that story and I will see that you get all the money you have been promised," and thereupon Sconce replied, "All right I'll do it."
Sconce denies it, and that denial is not worth the breath that he wasted in forming the denial. John A. Davis denies it. Of course he denies it.
But he dare not tell where he got that will. He dare not do it. He wants you to do that for him. He wants you to lift him out of the gutter and wash the mud off him. He is afraid to do it himself.
I want to call your attention to that conversation, and that of itself is enough to impeach Sconce. That is enough of itself to show that John A. Davis was entering into a conspiracy or rather had entered into one with Mr. Sconce. Now, gentlemen, there is another thing, and we must not forget it. Curious people down in Salt Creek township, on the other side; of course there are plenty of good men there or the township could not exist, and we had a good many of them here--good, straight, honest, intelligent looking men. But the other side had some--all in the family--all of them.
Swaim, he was not in the family, but he is a clerk in Trimble's bank, where Wallace is the cashier, where they suppress depositions; say they are not finished when they are signed by the person who swears to them.
John C. Sconce, the only living witness, whose "ancient but ignoble blood has crept through rascals ever since the flood," cousin to James Davis, cousin to Job Davis, cousin to Mrs. Downey, cousin to Eddy, cousin to Dr. Downey by marriage, brother to T. J. Sconce, Jr., brother-in-law to Abe Wilkinson, cousin to Tom Glasgow and Sam, cousin to Moses Davis, cousin to Alex. Davis, uncle to Henshaw's daughter, and father-in-law of George Quigley. Every one of them united. Blood is thicker than water. Eddy stuck to his family.
James R. Eddy--cousin to Sconce, son of Mrs. Downey, (Mrs. Downey, the duster lady, who remembers that Davis asked her to remain, but didn't ask her advice, didn't have her sign the will, didn't give her any bequest, but there she was with her duster), grandson of James Davis, nephew of Job Davis, and related by blood or marriage to both the Glasgows, Moses and Alexander Davis, to T. J. Scotice and J. C. Sconce, Jr., Abe Wilkinson, George Quigley, S M. Henshaw, (the celebrated lawyer). J. L. Hughes, and Eli Dye, brother-in-law to C. O. Hughes, and foster brother to John Lisle, and Mrs. A. S. Bishop. And it is just lovely about John Lisle.
John Lisle is one of the fellows that saw this will. "How did you come to see it, John?" "James Davis," he says, "was my guardian and he had to give a bond, and so one day when James Davis was away from home, I thought I would go and see the bond."
Of course he thought James Davis kept the bond that he gave to somebody else--to the county judge; but Mr. Lisle pretends that he thought the bond would be in the possession of the man who gave it. And so he sneaked in to look among the papers. Now, do you believe such a story--that he thought that man had the bond? Didn't he know that the bond was given to somebody else? Foolish! Bishop swears the same thing; James Davis was guardian for his wife, and he was looking to see if James had the bond; and another fellow by the name of Sconce, was looking for a note, and when he opened this double sheet of paper folded four times and happened to see Sconce's name he said: "Here it is--a promissory note."
Mary Ann Davis--that is to say, Mrs. Eddy, that is to say, Mrs. Downey, is the mother of J. R. Eddy, daughter of James Davis, sister to Job, second cousin to Sconce, wife of Downey, and related by blood or marriage to Tom and Sam Glasgow, Moses and Alexander Davis, Abe Wilkinson, S. M. Henshaw, J. C. Sconce, Jr., T. J. Sconce, George Quigley and C. O. Hughes. All right in there, woven together.
E. H. Downey--son-in-law of James Davis, brother-in-law of Job, husband of Mary Ann Davis-Eddy-Downey, and step-father of Mr. Eddy.
J. C. Sconce. Jr.--cousin to Eddy, nephew of J. C. Sconce, Sr., cousin to Mrs. Downey, cousin of E. H. Downey, son-in-law of Henshaw, cousin to George Quigley, related to Tom and Sam Glasgow, Abe Wilkinson and Moses and Alex. Davis.
George Quigley--son-in-law of Sconce.
Sam Glasgow--cousin of Sconce, son-in-law of Dye, brother to Tom Glasgow, brother-in-law to Moses and Alex. Davis, cousin to Abe Wilkinson, and related by marriage to J. R. Eddy. Here they are, same blood. All have the same kind of memory; runs in the blood.
Henshaw--father-in-law to J. C. Sconce, Jr. Lisle--adopted son of James Davis, and his ward, and foster brother to Eddy. A. S. Bishop--married to Allie Lisle, ward of James Davis, foster sister of James R. Eddy.
T. J. Sconce--Eddy's cousin, J. R. Sconce's brother, brother-in-law and cousin to the Glasgows, cousin to Alex, and Moses Davis, brother-in-law to Abe Wilkinson and uncle to J. C. Sconce, Jr.
Moses Davis--cousin of Sconce, brother-in-law to the Glasgows, cousin to Abe Wilkinson, brother of Alex. Davis, and related to Eddy and Arthur Quigley.
Alexander Davis--cousin to Sconce, brother of Moses Davis, brother-in-law to the Glasgows, cousin to Wilkinson and related by marriage to Arthur Quigley.
Abe Wilkinson--brother-in-law to Sconce, cousin to Alex, and Moses Davis, and cousin to the Glasgows.
Tom Glasgow--cousin to Sconce, and Abe Wilkinson, and a brother-in-law of Moses Davis, and a brother to Sam Glasgow, and related by marriage to Eddy.
Arthur Quigley--brother-in-law to Alex. Davis, and brother to George Quigley, who is a son-in-law of Sconce. John L. Hughes--his nephew married Eddy's wife's sister. Eli Dye--father-in-law of Sam Glasgow.