OCR Interpretation


The Butte inter mountain. (Butte, Mont.) 1901-1912, July 21, 1903, Image 2

Image and text provided by Montana Historical Society; Helena, MT

Persistent link: https://chroniclingamerica.loc.gov/lccn/sn83025294/1903-07-21/ed-1/seq-2/

What is OCR?


Thumbnail for 2

BROBB]eK
135 W. Broadway 'Phone 691 B
What 10c Will Buy Tomorrow
July 22
Regular 15e Quality and Sias
Ralston Health Oats,
Two-pound package .............
Ralston Pancake Flour.
Two-pound package ..............IUO
Two Minute Pancake Flour. AC
Two-pound package ...........I..O
New York Pancake Flour.
Two-pound package ..............IOC
H. O. Presto. IOC
Two-pound package ...............I
Yuco, it is fine.
Two-pound package ... .. . i.·O
Pettyjohn's Wheat Flake.
Two-pound package ...............
Parched Farinose. IO
Two-pound package ..............
Imperial Oats.
Two-pound package .............IOC
Malta Vita. IOc
Regular size ...................
Pearline, per one- pound ..
package ............ .... ....
Babbita, 77. IOc
One-pound package .............
Bird Seed. . O
One-pound package ............
F. S. Farina.
One-pound package .............IOc
I,ooo Double PIointed
Toothpicks ...........C..... IOC
One-pound can Sifting Top l.ye. Ioc
Per can ................. . ..
Columbia River Sa dmon, C
lunch size ..................... ..
Genuine Imported French OC
Mustard. Per jar..............
All above goods arc regular i5c value.
Tomorrow, soc.
TURKISH TROOPS REINFORCED
Battalion Is Sent to Dorain to Repel the
Revolutionists.
DY AS..iiCIATKt) PRFSt.
Constantinople. July 21.- -According to
dispatches from Salonica a battalion of
troops has blien sent to I orain, in the
district of Salonica, to reinforce the Turk
ish forces.
There are already .tlo traps at I)orain
and severe fighting is reported to have
occurred.
It is ielieved the revolutionists are re
listing lTeffectively.
Eleven additional battalions have been
mustered to replete t6 which were re
cently disbanded.
LITTLE BOY BEHIND THE BAR
Youngster Aged 13 Years Accused of
Robbing a Saloon.
Ilymen Zabaudwsky, son of a second
hand dealer, wholse place of business i, onl
North Wyoming street, is an inmate of the
witness department of the county jail,
charged with burglary. Tlhe boy i+ 13
years old, and he is accused of entering
Sager's saloon, in Eaat Park street, Satur
day night last and ruli,,ing the place
of $45.
STAR PITCHER NICHOLS DIES
Player With the Spokane Team Killed
by Heart Disease.
UtY ..-.i IATEDL I'it.SR
S;okane, \Wash., July a1.--l.rnest .Nich
ols, star pitcher of the l'acitic Ntational
Iiaschall league, died sullknly at Nata
torium park last evening if heart di(seae.
Nichls was from San Franci•co, 2- ye)ct
of age, and haIl won at of the 25 ga:iui he
had pitched fur Spokane.
CONTINUED FAIR WEATHER
SiliC.I i 1 13111. INiiR .Mo NtAiN.
VWashington, I). C('., July .-Weather
for Southwestern Montana-fair Tucesday
and Wednesday.
Weatherman \\harton s'ys, "yesterday
was the hottest lay Biutte has seen since
July 30. 1901."
Pleads Not Guilty.
St. L.ouis. Mo., July az.--Lord F. Sey
mnour Barrington, at his preliminary hear.
ing yesterday, entered a plea of not guilty
to the charge iof murderint James 1'. Mc
Cann. A continuance of to days was
taken as Barrington is ill.
An Opportunity to Spend bunday In the
Yellowstone Park.
Commencing Sunday, June is the Northern
Pacific will sell tickets from Butte to Mam.
moth Hot Springs and return for Sis.oo, in.
eluding board aid lodging in Livingston
while In transit and In the park. Tickets on
ele for Tr in No. 54 each Friday. Good re
tunnIng on No. 13 the following Mondays only.
eof full particulars call on or write.
W. H. MERRI/MAN, General Agent.
As Re
freshing
.ý. asa
( Plunge
_ a Bath
Root Beer
25c Regular Now Only
3 For 25c
One Package Makes
5 Gallons
This Cut price Sale Lasts But a Few
Days
~kdsuJI
DARK MYSTERY MARKS THE
SHORES DISBARMENT CASE
Men Paying Bills in Fa
mous Case Are Hid
den in Background.
RELATES SAD STORY
Mrs. Josephine Wallace,
Detective, Tells of Be
ing Hounded by Foes.
(( ontinue*I from I'age One.)
bteen made to ruin her credit, destroay her
in heIr Ibusiness and injure her character.
'I ltle caiei the quetstiotn, who is respton
.ilhlc ?
MR. BREEN WAS PUT ON THE
STAND AND HE SWORE THAT WHILE
HE HAD SENT TO DENVER FOR IN
F.RMATION ABOUT MRS. WALLACE,
HE DID NOT KNOW WHO WAS TO
PAY THE EXPENSES OF GATHERING
IT.
Ile volunteerer the statementt that lhe
did not knlow who was to pay the ex
pen-ces of the case.
After him came Judge Ilarney to, the
stand. lie, too, denied all knowledge of
who was to pay the excpenses.
THERE THE MATTER RESTS.
DETECTIVES CANNOT BE HIRED TO
DO ALL THE WORK THAT HAS BEEN
DESCRIBED FOR NOTHING. WHO
IS THE PAYMASTER?
Riliht here menction miight lie made of
the fact that John Mactininiss. F. Aug.
Illinec's chief lieuttenant and vice presi
dent of the United Coplpr cmpanl, y and
of thlie Montana O(re l'urch.tasing compatlny,
lhas heen taking a deeper interest in the
cas;re thanl is required by the fact that he
is subpntltnatrd as a witness.
ihe has spent much time of the trial
sitting close to Mr. Blreen and he has con
suitted with that gentleman frequently dur
ing the proceedings. It is idle t, deny
that lit has coached Mr. Ilrcen in the ques
tions pult y that gentleman.
F. Aug. lheintic, it mnust he admitted,
has not shown such a deep personal inter
ct in the case as lhe did last January, but
that may he explaintied by the importance
t, him otf the Nippler case, inow in progress
in atthler court.
Heinze a Frequent Visitor.
Neverthihle. . Mr. Ilh inzc is a frrluent
visitor at the courtroomll, bult lie dors it
occupytv the prominent seat he did at the
prcwvotts helaring, contentting hintelf with
sttin.g hack tamong the lesser lights of the
le.el fraternity.
Ili spokesman andl Ires agent. 1'. A.
) F:,rrcll. hiowever, is tmuch in evidence
daily in the itutttediate foretgrountd.
Slhi testimony of iMrs. Wallace was
concludehl tilay andl a ntew line of tc,ti
mlli)lly bcgUU.
I: ie tact which came oiut in the evidenlce
givnc by William Love. clerk at the
I hllrrntot hiotel, wats ilmportant. It shows
that during July, ;'tt,. during the time
that Jutlt'. IIarntey was livitng at the
1 h at-n hIt, I, a.1rs. hIrackctt freqluently
remia;an:,l I vcr night at the houase, cvien
though she had a huome of her own in the
city.
The secretary and treasurer of the lien
nrCy Mcrc;ttantl company gave inlterest
in. tIlstimony regarditng Mrs. l rackt, t'
piura.: .(, at the store during the perid
of lher atccoutnt, friom acttber. apo, to
Septetmbcr, o901.
Still Owes a Bill.
It sh--wcl that Mrs. ltrackett purchased
more than $t,s . worth of gools during
that thme and that she still owes a bill
of $13,j.
It was during tile examination of this
witness that Judg,' McIcClernan took a hand
in the examination. lie brought out the
fact that none aof the g,,ods purchased were
furniture.
It will he rememberedl here that. ac
colring to the testimony of the detectives,
Mrs. Birackett told them that Ileinze was
to furnish her house for her. 'I.iis fact
proII,,ly suggested the questions put by
the judge.
As to Character.
Character witnes.se consuimcd the time
of the afternnon.
At thle olnc ,i of the session Sa of
these were ca:lcl and sworn. Theyl' are
the foremost lawyers of the state, the
largest men in their professinn in Mon.
tan a.
Their examination was condicted by
Attorney II. 1 . Mclntire of Ilelena, of
cnn-licl for the deflenste.
The questions were few and simple.
'There wire two chief oites following the
usual e;tablihing queries as to the knowl
edge of the witness as to the repu
tation questioned about prior to August 5,
19"1.
They were:
"\What is the reputation of the accused
as a mant and a lawyer for hIonlor, integ
rity and professional rectitule?" and
"Wh\\'at is his standing as a lawyer?"
Mr. Breen cross-examined briefly the
first two or three. asking them if they
were acquainted with the incidents of the
night of August 5, 19ol, at the Thornton
hotel, and if they were retained by any
corporation, but with the testimony of
Judge Knowles he abandoned this, save
for a few cases, like that of Judge S. II.
Mcintire of Helena. To all of his ques
tions lie received negative replies.
Judge Blake Is Heard.
Judge Henry N. Blake of Helena, once
territorial chief justice and later associate
justice of the state supreme court, was
the first of these witnesses.
The witness told of the extensive prac
tice of the defendant, Arthur J. Shores,
tbefore and with him. To the questions
as to the rep'tation of the defendant for
honor and professional rectitude and as
to his standing as a lawyer, the witness
answered with emphasis "very gopd."
Judge William G. Piggott, until re
cently and for five years associate justice
of the state supreme court, said that he
had known the defendant for ta years,
that as to his general reputation as a
mlan and a lawyer for honor, integrity
and professional integrity, there was
"none better," and that his standing as
a lawyer wag the "very best."
Judge Robert J. Word of Helena, late
associate justice of the supreme court,
replied to thlý first query, "very excellent;"
and tto the second, "very good."
Iludge Hiram Knowles, the first and
tied dieui l judge the
state has ever had, and who now holds
the sanme position, gave similar testimony.
Judge J. II. Leslie of the Eighth judicial
district of Great Falls, last year demo
cratic candidate for associate justice of th
supreme court, told of his long acquain.
ance and practice with the defendant, an*
then gave similar testimony, saying '1.
Shores' reputation was irreproachable ai
a man and second to none in the state as
a lawvtr.
Judlge John W. Tattan of Fort Bentod,
a prosecuting attorney of .to years' atans4
log itn Montana and now judge of the
Twelfth judicial district, comprising this
couties of ('lhouteau and Valley countiep
casme next. To the first query he rq.
plied, "excellent," and to the second,
"jretty near to the top."
Judge J. N. 'lcements of Ifelena, Judge
of the First judicial district, replied,
I" ,.," to both queries.
Surpassed by None.
.1,. i., lhnry C. Smith of Helena, ilos
judlg of the First judicial district, said
ti, the lirst question, "unsurpassed by that
of any attorney at the Montana bar," and
to the second, "one of the leaders of the
ibar."
Juldge M. II. l'arker of Boulder, Judge
of the F:ifth judicial district, replied to
both intcrrogatries, "very good."
','I. W. F. Sanders of Helens, formerly
Unitedl States senator from this state, was
called, but was noit present.
Judge Sidney II. Mclntire of Helena,
late judge of the First judicial district of
Montana, to the first query replied,
"gooud," and to the second, "one of the
leaders of the Montana bar."
Carl Rasch of Ieletna, United States
district attorney of Montana, also gave
Mr. Shores the highest reputation.
Recalled to the Stand.
Attorney (;corge II. Stanton of Great
Falls, until laet year state senator from
Cascade county, replied to the first query,
"cxceptionally good," aind to the second,
"very high."
lie was recalled after he left the stand,
for cross-examination. All that came ut
was that he was retained by the Bo iotf
& Montana company and that he d£ee
inade a trip to San Francisco in relation
to the deposition of Charles W. Clark
in this case.
James W. Freeman, now mayor of Great
Falls, a practicing attorney at the Cas
cade county bar, replied "excellent" to the
first question and "one of the leaders of
the bar" as the second.
Attoriney J. II. Ewing of Great Falls
gave laudatory testimony regarding Mr.
Shores.
At this point Attorney McIntire said
that more character witnesses were com
ing froim the various parts of the state
and that their testimony would be gigen
later. I
Mr. Fitzgerald Testifies.
Then I). J. Fitzgerald, auditor of the MI.
t(. I'. Co., was put on thie stand. He was
examinedl by Attorney Nolan. lie told of
kiiwing Mrs. Ada Ii. Brackett and freely
con,fessed that she was in the employ of
the M. 0. I'. from the spring of 1907 to
the fall of the same year. He said her
salary, as lie recollected, was about $i5o a
Imonthl as a stenographer, out of which he
thought shel paid her own office rent, as'
she hadl hr .ofice with an attorney named
1)ygert.
Asked regarding her trip to Salt Lake inl
JuneI', stoi, he said he thouwht he want
there in pursuance of her dluties as a ste
ingrapher and that her pay went on. He
sail she called him uip on the 'lphone from
Salt l.ake about renting the house for her
that he slsequentlty rented in West Quartz
strect.
Cross-Examination Resumed.
The cross-examination of Mrs. Josephine
M. Wallhlae' was resnumed at the opening
of the mo)rning's session today.
iThe first qciestiunsl were directed to tl
past liic of the witness. She said aat
ornce in Milwaukee when her husband et
with adversity she hail worked for Reed &
Co. of that city. This was in an attempt
to show that the witness' previous testl
ionyoy as to her past employment was in
error, but Mrs. Wallace met the questions
frankly and showed this Milwaukee em
ployment was but temporary.
'theni c:amie sonic questions as to whether
the witness had been employed by one
W\eelon in De)ver. She explained that
\\eedon had been her partner in the in
surance bu siness under the name of the
Fraternal Identitication company of Chi-,
cagor, the busiiuss having been started in,
I )ecembllner, I )os.
She said she subsequently sold oun tor
Wedlon for $i.
The witness denied that the dissolution
had been brought about because she had
never turned any money into the business.
To other questions she answered that
during the time this business was being
conductedl shie had never left the employ
nictt of the 'hiel D)etective agency.
Owes a Small Balance.
Asked as to her knowledge of Shea &
Foster of l)envcr the witness volunteered
with little questioning that she owed this
firm a balance on a grocery bill.
When she got her divorce this bill was
outstandin. and she had promised to pay
it and had been doing so in installments.
'I hen Mr. Bfreen took up the cross-exam
ination on the line of going over the va
rious incidents of July and August, 19or,
previously testified to. Apparently with
the view of taxing the memory of the wit
ness Mr. Breen would jump from the inci
dents of July a7 to those of July 2a, and
then to those of July ag, but she kept all
these incidents segregated and answered,
accurately.
She re-told of the conversation on July
27 between Judge Harney and Mrs.
IBrackett wherein they had said they would
"stand by each other through thick and
thin," of the party dining together that
night, of the champagne they had taken at
dinner and of the subsequent whiskies and'
cocktails absorbed by Judge Harney and
Mrs. Brackett and others in the detectives'
rooms later.
Tells of the Quarrel.
She went over again the story of the
quarrel between Mrs. Brackett and Harney
on the night of July 25 when Mrs. Brack
ett had abused the judge because he had
said he was going to bring some niys
terious "that fellow" into court and "of
their reconciliation after the quarrel.
The witness also detailed more fully the
story of the Columbia Gardens trip on
which IIarney, then somewhat intoxicated,
had told Mrs. Brackett that he proposed to
"throw it into the Amalgamated" and
"give them h-."
She repeated the incidents of the Sunday
when Judge HIarney had spoken of having
seen John 'MaoGinniss of the M. O. P.
company.
Incident after i'ldnt was gnoe over
in this manner until it became wearisome
to all in the courtroom, but the witness
shemlicd to bear it remarkably well, though
it involved constant repetition and inter
mittent and unexpected hashing back to
the same old incidents.
As to Leaving Butte.
Comiing down to the latter days of her
stay in Butte, Mrs. Wallace on cross-ex.
amination testified that she left Butte
\ugus.t 5 or 6.
"Why did you leave?" asked Mr. Breen.
"ltecause I was through with my work
her'," said Mrs. Wallace.
She said further that she and Barlow
hadI received their orders to leave the case
i ,on Mr. Pardee, the local manager of the
sht.ictive agency.
In one of the several minor verbal pas
.,.ges between the witness and Mr. Breen
the, witness referred to some question
a:kls.l )esterday and attributed it to Mr.
"No, you are mistaken," said Mr. Breen,
"it wa.s a better looking man who asked
that question--Mr. Vail."
"Yes, sir," said the witness quietly and
with a meaning that was so clear that the
,p[ctators grinned broadly.
III in Denver.
Mrs. Wallace said that on her return to
h,inver, after leaving Butte, she became ill
a.II two or three days later she went to
i lark Springs at the suggestion of Mr.
S,it s,, manager of the Thiel service at
SDelnver.
ju.estioned as to her expense bill on the
work she did here, Mrs. Wallace said she
dlid not remember how much it was. She
s:idl that the custom of the Thiel service
was for operatives to submit their ex
,petnse bills on the sat and s5th of each
month.
She said she could get the expense bill
by sending away for it, either to Seattle or
IDenver--she was not sure at which ofice
of the company the bill was on file.
Then came the final questions, the ones
that at length caused the display of emo
tionl by Mrs. Wallace.
IDid you, in 189J, in Omaha, witness
a fight in your room between one Gabel
Wagner and your husband?" asked Mr.
Ilrtein.
"I will tell you all about that," said the
witness. "I hate to speak about my hus
band. but I suppose I'll have to. lie was
a morphine fiend and entirely irrespon
sible.
Finds Wagner There.
"O)nce Gabel Wagner called at our
roomsi and my husband came home and
found him there.
"Mr. Wallace had repeatedly invited
himj to the house himself, had introduced
Wa\\'.gner to me and had absolutely no
cause whatever for objecting to Mr. Wag
ncr's visit. lie found fault, however, with
'Mr. W\agner for being there, but there
was no fight."
Mr. Breen then put a question to the
witness that brought the color to her face
and caused her voice to tremble for the
first time in the long ordeal to which she
had been subjected.
lie asked if it was not a fact that
Wagner had come to the room at
her Invitation; if she and Wag
ner had not been in bed and if she had
nut quietly telephoned to her husband; if
he had not come to the rooms and en
deavored to extort money from Wagner
and if Wagner had not whipped him for
his pains.
Denies Imputation.
"That is not true," said Mrs. Wallace,
with emphasis. "The facts are exactly as
I have tried to explain to you."
"That's all," said Mr. Breen, signifying
the close of the cross-examination.
'Then Mr. Vail, with his customary su
avity, began the redirect examination, di
recting questions as to the divorce Mrs.
Wallace has told or securing from her
husband.
[The relief from the rapid-fire cross-ex
amination of Mr. Breen and the character
of his questions told upon the nerves of
the witness, who heretofore had borne
herseli so well.
Suddenly she put her handkerchief to
her eyes and she was seen to shake with
ssbs. Mr. Vail asked the indulgence of
the court for a few moments and Mrs.
Wallace retired to the judge's chambers.
She returned in five minutes flushed of
face and with wet eyes, but quite self
psestsueld. Several times after that her
vosice shook, but she did not give way
again.
Reasons for Divoroe.
On redirect examination Mrs. Wallace
thld of her reasons for getting the divorce
and went into the history of the persecu
tiin she has undergone in Denver at the
haInds of those who are interested in the
prnsecution of the defendant in this action.
"My divorce was secured three years
ago last February," said Mrs. Wallace,
"and I was the plaintiff. My husband, as
I have said, was one of the worst mor
phine fiends in Denver. For two years
irior to the divorce he had refused to
work.
"My friends had secured him positions,
but he would not take them. I was try
ing to take care of myself and of my boy.
pMy husband would come home and if
the meals were not ready just on time I
would get abused. It got so I could not
stand it and I consulted my attorney,
Robert Bonney, about getting a divorce.
"A suit was instituted and a summons
served on my husband, but he failed to
respond. I went into court.
"There was the jury present and there
was some little talk and then a divorce
was granted to me on the grounds of
non-support. I did not want to charge
cruelty.
"My husband still lives in Denver. I
have charge' of tihe boy. We had three
children altogether, but only one is liv
ing. He is at years old and lives with
me. He is in poor health."
"The name of Shea & Foster," said Mr.
Vail, "has been mentioned in your cross
examination. Will you tell us what you
learned from them or others of being
watched in Denver?"
"I learned that my home was being
watched and I also learned that I was
being followed around the streets of Den
ver. I learned that a man was going
about looking up my financial condition.
"I heard of the thing and then tele
phoned to Mr. Shea of this firm of
grocers. I asked him if anybody had
been to see him.
"He said a man had been there asking
about me and wanting to know If I owed
the firm any money. -Mr. Shea told him
I did owe an account there, but that I
was paying it off as fast as possible, and
that 1 had had a great deal of sickness
to contend with, both my son and myself
)being ill, and that he felt' sure I would
pay everything I owed.
"Besides this, a gentleman called at my
houu ca wbm I ews out and stated
that an estate or some money had been
left to me. On returning to the house
one evening I had just got into the hall
when there was a knock at the door.
The Same Man.
"I opened it and there stood this same,
smooth-faced man. He asked for Mrs.
Wallace and I told him I was Mrs. Wal
lace. lie said: 'We have been looking
the city over for you' and then he told
me that some money or an estate had been
left to me. I asked him at once what
firm of attorneys he represented. He re
plied that he represented Walcott & Vail,
and I replied that I would call at their
office the following morning. I did so,
and I saw you, Mr. Vail
"You made inquiries through the omce
and could find out nothing about it. Then
you told me to try to pick up this man if
I could. Two days later he got in the
same car with me.
"I got off at the corner of Sixteenth and
Stout streets and he went across the street
with the car and then go off also. I
walked along and he followed me.
"Then I met Mr. Edwards, adeputy Unit
ed States marshal, and I asked him to tele
phone to you (indicating Mr. Vail) that
I had this man and to ask you to join me
at Thorbeck's gallery. I led the man
there and you joined me in the gallery.
"I pointed out the man, who was stand
ing across the street, to you and you sug
gested going over and asking what he
meant. I asked you, however, not to do
so, but to let me telephone to my manager,
Mr. Geise.
Uses the Telephone.
"I did telephone to Mr. Geise and he
sent a man to shadow the man who was
following me. Mr. Geise also instructed
me if I got a good chance to lose the man
and come into the office and report.
"I led the man around town for some
time and then lost him at Rollins' under
taking establishment. He remained out
side there for an hour and a half waiting
for me to come out, but I didn't come
out."
"That is.," interjected Mr. Vail, "he
didn't see you come out?"
"Yes, he did not see me come out, but
I didn't stay there and Robbins didn't
bury me."
Continuing, Mrs. Wallace said:
"One morning two men who were fol
lowing me got on the car on which I was
riding. Both wore sombreros. I managed
to lose them by getting off the car on the
loop at Sixteenth and Stout streets.
"Another man who was employed around
the courthouse, doing work for lawyers
and others, also had been getting informa
tion, doing so in response to a letter he
received from Butte.
"He went to my former husband's pres
ent wife and told her I had been arrested
in Montana for 'perjury and that I had
skipped my bonds. My husband had the
grace to call up my manager, Mr. Geise,
and tell him about it.
"The man had made an appointment to
come 'back to the house to see my hus
band, but when he called my husband ar
ranged not to be there."
"Was this man you speak of Harry W.
Grubb of .3a Glenarm hotel, Denver?"
asked Mr. Vail.
"It was," replied the witness.
Further questions elicited the fact that
all incidents transpired prior to May 4
last.
A Traveling Salesman.
On re-cross examination the witness
said that her former husband is now a
traveling salesman in the employ of Uri
& Co. of Louisvillc, Ky., and makes his
home in Denver.
Asked if he ever was in the penitentiary
she said he was not, and then qualified
the statement by saying if he was it was
long before she ever knew him. Asked if
she was surprised at being followed she
said she was not.
"But," she added, "I thought it was un
kind to fry to hurt my credit in Denver."
It came out also that she had consulted
Mr. Vail to have the efforts to hurt her
credit and the false statements that were
being made about her stopped. She had
asked Mr. Vail to write a letter to Grubb
about the matter.
"And I wrote the letter," said Mr. Vail,
smiling, but Mr. Breen apparently did not
want to push this matter any farther.
The cross-examination also brought out
the fact that on leaving Butte, August 6,
toot, the witness had seen Mrs. Brackett
and Mrs. Brackett's daughter at the depot,
Mrs. Brackett being about to take the same
time train. Mrs. Wallace, however, denied
any remembrance of having, with Barlow,
gone into another coaoh to avoid Mrs.
Brackett.
As to the Letter.
More re-direct examination followed re
garding the letter written by Mr. Vail to
Mr. Grubb.
The witness said that she was anxious
to shut off untruthful statements for many
reasons.
"Among others," said she, "I thought
that the present Mrs. Wallace might be
glad to get hold of the matter.
"Most women are envious of others.
And then, too, I feared that the matter
would advertise my connection with the
Thiel agency and hurt me in my business."
"Call Mr. Breen," said Mr. Vail, as
the witness left the stand. With some sur
prise the friend of the court, the county
attorney and the prosecutor in this case,
took the stand.
"Did the county attorney of this
county," was asked Mr. Breen, "employ
detectives to watch Mrs. Wallace In Den
ver?"
"The county attorney" was the reply,
"requested Information in Denver regard
ing Mrs. Wallace."
"Does the county attorney know how the
expense of getting that information is to
be paid?"
"The county attorney does not. The
county attorney does not even know how
his expenses in this case are to be paid."
"That's all," said Mr. Vail.
"Cross-examine," said the court, and
Mr. Breen replied to the joke by saying,
"There is no cross-examination of this last
witness," as he took his seat.
Judge Harney Is Called.
Then Judge Harney was called to the
stand.
He was asked but one question. It was:
"Have you employed detectives to
shadow Mrs. Wallace in Denver?"
"I have not. I haven't any money,"
was the reply.
And so the two men who, according to
the record, are the only ones Interested
in the prosecution of the case, disclaimed
any connection with this work.
Then came William Love, clerk at the
Thornton hotel, with two huge books.
One was the hotel register. Mrs. Wallace
in her examination had testified that she
thought that the assumed names of her
self and her fellow-deteetive, ' Bgylow,
had been registered twice,
The calling of Love was simply to, clear
up this matter. (
Love explained that on thq arri_ of
the two, July IS, pgos, harted ae. ned
them to rooms on the fifth floor and that
subsequently the woman had asked for
wsma lowar dewp and thq had been asm
signed to so! and soa, which they ce
eupied during the stay.
He showed that an erasure and not a
new registration had been made on the
register when the change took place.
The witness told also how on July to
Mrs. Brackett had obtained a room at the
hotel without registering, thus corrobor
ating the testimony of Mrs. Wallace.
Trensfer Register Produced.
Mr. Love then produced his transfer
register. It showed that Mrs. Brackett oc
cupied 0o4 on the night of July to and paid
$3 for it; that on the afternoon of July so
she took Jar, had possesion of it to the
afternoon of July a3 and paid $7.So; that
on the afternoon of July 54 she took 314.
remained until July as and had a bill of
$4.1o of which $3 was for room and $r.2o
for cafe; that on the afternoon of July 84
she took 324 and left on the afternoon of
July s6, paying $j; that later on July a6
she took j36 and remained until the morn
ing of July y7 and paid a bill of $a.
On cross-examination by Mr. Breen he
testified that Waters and Wallace, as
Barlow and Mrs. Wallace were known,
were assigned to roms sot and sos, that
they paid their hill on July 3S, amounting
to $94.75 of which $78 was for rooms, $t
for baggage, so cents for tailor, $a.ss for
cleaning, $7.so for laundry and $5.So for
cafe. They had the same rooms also from
August t to August 6 and paid therefor
$36 on departing.
The witness explained the system of or
dering drinks, saying no permanent record
of drinks sent to rooms was kept unless the
drinks were charged.
Thus he could not tell how much of a
bill for drinks was paid by the two de
tectives during their stay, as they apparent
ly paid cash for such refreshments.
Aooount at Hennesey'd.
C. J. Kelly, secretary and treasurer of
the Hennessy Mercantile company came
next to the stand to testify to Mrs.
Brackett's account with this firm.
He corroborated the testimony of Mrs
Wallace regarding the purchase of two
corset covers on July as. He told also
of her purchasing a traveling coat for
$ros on July 8 of the same year-poot.
He said her account opened October
to, tgoo, and closed September so, Ipor,
in which time she had purchased goods
to the amount of $tr,.l.44, of which
$S19.74 still remains unpaid.
Then the court asked some questions.
Judge McClernan wanted to know what
the goods were that had been purchased.
The witness said they were wearing ap
parel, groceries, meats and different
articles.
"Was there any furniture purchased?"
asked the court.
"No," said the witness, "but she bor
rowed a typewriter desk."
Here came the noon adjournment.
To Break Down Witness.
The cross-examination of Mrs. Wallace
by .Attorney Breen continued yesterday
afternoon after the Inter Mountain went
to press.
It was a vigorous effort by the friend
of the court to break down the witness,
to confuse her and to shake credibility of
her statements, but it was without avail,
save in the very minor particular that the
witness thought that Mrs. Brackett, in
Salt Lake. had told her that she (Mrs.
Brackett) had been employed in the winter
previous at Helena as a court stenogra
pher, when in fact Mrs. Brackett was em
ployed there as a legislative stenographer.
Save for this the testimony of the wit
ness was clear, convincing and without a
contradiction or evasion.
"She is a remarkably level-headed
woman and a good witness," was the gen
eral comment in the courtroom on both
sides.
Tries to "Rattle" Her.
Mr. Breen in his remarks sought to an
noy and "rattle" her, after the time
honored custom of cross-examiners.
He asked if she was not in the habit of
frequenting saloons, if she had not that
reputation In Denver, her home; if she
had not been divorced on that ground,
and then he sought by many questions to
indicate that there was more than a busi
ness relation between herself and some of
the men whose names have been used in
her testimony.
Mrs. Wallace under this fire never lost
her head. Her replies to these questions
were all in the negative and, whatever she
felt, she gave them without apparent emo
tion, thus defeating the object of the cross
examiner.
The witness corroborated the testi
mony of Barlow as to the incidents of the
street fair and Alamo saloon carouse In
in fact the whole cross-examination tend
ed to strengthen rather than weaken her
direct testimony.
She was positive as to the conversations
and incidents in which Judge Harney and
Mrs. Brackett figured; she gave further
details of Mrs. Brackett's admissions re
garding her (Mrs. Brackett's) employment
by the Montana Ore Purchasing company,
her influence over Judge Harney and the
importance to her of Judge Harney de
ciding the Minnie Healy cue as he did.
Salary of $90.
An incident of the late cross-examina
tion was the testifying by Mrs. Wallace
that her salary was $go a month and ex
penses. This is $:S a month more than
the witness Barlow gets.
Mrs. Wallace said that this is due to
the fact that she was paid more by the
street railway company in Denver, and the
detective company had to pay it to her in
order to secure her services.
She made it clear, however, that in the
work she did here she regarded Barlow
as her superior.
Barlow, she said, had been in the employ
of the detective company for is years and
was considered one of the old and trusted
employes.
WORKS HARD FOR HARMONY
J. West Goodwin Comes to Organize a
Citizens' Alliance.
J. West Goodwin, editor of the Sedalls,
Mo., Basoo, and one of the pioneer editors
of the west, having been in the harness
for half a century, arrived from Helena
yesterday and will remain here for a few
days.
HeL i organizing the citizens' alliance,
an brganization that seeks to bring about
harmony between employer and employe.
He has organized a branch in Helena
and one in Billings.
Would Oiullow Claims.
L. P. Forestall, referee in the matter of the
estate and guardianship of Frederick V.
Scheuer, who for a time was in the hands of
a guardian, Charles E. Kinman, as an in.
eompeten, but who was restored to capacity,
hu fled his repor) is the conteat raised by
the guardian for coapeesation. Aeeording to
the report the relates recommends that kie.
man be paid $y fr services, $s,goe for attor.
neys fee.iLg $sgL for expenser, and that the
claims fof i. imlgat sum of $s,lp.te, rep.
ressenting number of alaims, be disallowed,
a stipulation covering these claims having
be.n entered into by ilaasaa and Skhebnr.

xml | txt