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AT HEALY TRIAL ADMITS THAT HE 18 INTERESTED IN A SENSE IN DEFEAT OF. ,yk. HEINZE IN SUIT. HE OWNS SOME B. & M. STOCK ,He Sees No Reason, However, Why He Should Help the Company to Win .. Out in the Litigation. _. .. (Continued from Page One.) attacking the Montana Ore Purchasing company," MacGinniss replied. Impression in Community. "Well, the Montana Ore Purchasing company was attacking the Boston & Mon tana company, was it not? T.hat was the impression in the community at that time, was It not?" "No; I think the impression was that the M. O. P. was making a pretty fair de fense. I think that was it." "Well, there was a fight on between the companies. That is so, is it not?" the lawyer said finally. "Yes," the witness admitted. At this point Mr. Shores recurred to the Lamm-MacGinniss suit against the Boston & Montana company, asking the witness questions tending to show that 'MacGinniss was fighting the Boston & Monana company, and that the fact was known in the community; and that, as a logical result, Telling went to MacGinniss because of it. The lawyer asked when MacGinniss had bought the stock upon which the suit was founded, and the court overruled an ob jection to the question and told the wit ness to answer it. "I think it was in June, 1898," the wit eass replied. "That is subsequent to the time the suit was brought, so I hope that isn't true," said Mr. Shores. The witness then said the stock was In a safe down town, and that he could find out for the lawyer by getting it. The question of what Telling's motive was in going to MacGinniss was discussed. "I have not been able to get the witness to admit that Telling came to him as an enemy of the Boston & Montana company, but I think I shall be able to do so before I get through with him," said 'Mr. Shores, and then asked MacGinniss again what Telling's idea was. "I think his whole idea was to better hIis condition. As I remember the talk, he said he had nine children and that he could not support them on $3.5o a day, suiner's pay, and he wanted to make some snore money," said MacGinniss. "You went into the domestic affairs of Telling at that interview, then, did you?" the lawyer said. "I can't say for sure, but that was the impression I got of his views," the witness replied. He was still under examination at last accounts this afternoon. The case was opened in the morning with A. P. Heinze on the stand under cross-examination by Mr. Kelley. The witness recurred to something he had testified to last pvening)tand said: "I meant to say 'that evening that I could not remember the exact date of my first visit to the Minnip Healy mine. But it certainly oduttred before Feb ruary." 4 "You testified last :hight that you didn't know when it was?" "Yes." "If I understand you, Mr. Heinze, you Wall Paper Don't bhe short sighted enough to pa per your walls with styles that repre sent the ancient history of some mer cantile failure, keep abreast of the times, be up to date and remember a saving on the price of wall paper at the expence of the appearance of your room is really no saving. We offer the newest and best, not always the low est in price, but sure to be the cheap eat in the end, SCHATZLEIN a PAINT COMPANY 4a 14 West Broadway, Butte. "The Train for Comfort" is the famous North-West ern Limited. Every night in the year between Mineapolis, St. Paul and Chieageo viah The short line between these three great cities." Before starting on a trip-no matter where-write for interesting information about comfortable trav eling. E. A. GRAY, se.eral Agent, Helena, Moat. W. U. ENRIGHT, Traveling Agent, Heolon, Moat. T. W. TUASDALB General Passenger Agent St. Paul, Minn. received messages about"the mine from F. A. Heinze at Ne* York "' "Some of them." "Did you direct, Mr. McParlane to take possession of the Minnie Healy mine?" "I have no distinct recollection of the matter." Cannot Recollect. "Did you direct Mr. MclFarlane to see Judge McHlatton and take his instruc tions ?" "I think so, but I do not recollect." The witness' memory was very bad In. deed. He could remember very little about a great many particulars inquired into by Mr. Kelley. "You said so positively yesterday?" Mr. Kelley went on. "I gave my best recollection," the wit ness said. "Did you give Mr. Mahoney any direc tions as to the operations in the mines?" "I don't think I did." "Did you instruct him as to where the time checks of the men were to be paid?" "I don't think I did." "What was the agreement with Mr. Finlen as to the payment of the expenses of the Minnie Healy mine subsequent to December 23, 1898?" Heinze to Pay Expenses. "F. A. Heinze was to pay all the ex penses." Testimony given by the witness at the previous trial, in which he said Finlen was to pay the expenses and F. A. lteinze to reimburse Finlen was read to him. "What do you say now as to the agree ment as to who should pay the expenses before Hleinze went into actual posses sion?" the lawyer inquired. "Finlen was to pay the expenses and bill on F. A. Heinze," the witness replied. "Finlen agreed to advance money and Mr. Heinze agreed that that should be done. Was that it ?" "At this moment I have no distinct recollection as to whether Mr. Finlen said yes or not." Old Testimony Read. Old testimony was read to the witness, and it said that Finlen was to pay and Heinze was to repay. The witness did not think that Finlcn had said anything about agreeing. "Did you testify yesterday that the agreement was that Finlen was to pay the expenses till Heinze went into posses sion?" the lawyer asked. "I think that was the final agreement," the witness replied. "What was said about the supplies?" the lawyer asked, going to another sub jcct. "I think Finlen had supplies at the mine." the witness replied. "What was said about the machinery?" "I don't recollect." "Do you recollect Finlen saying Heinre might use his machinery and pay rent for it?" "I don't recollect." Old testimony, in which the witness had said Heinze was to use Finlen's supplies and his machinery and pay rent, was read to the witness. Could Not Remember. The witness could not remember having given the testimony. He said he had meant F. A. Heinze in his use of the word "we." "You testified yesterday that the agree ment to give notice to Finten, if Heinze did not take up the bonds, was to be mod ified ?" "Yes." "Did you say that Heinze had refused to give notice in case he gave up working the mine ?" "I don't know whether I did or not." "if the suit should be brought, was any thing said about the character of the suit ?" "I don't remember." "Did you say it was to be a suit for damages?" "That was my understanding of the ob ject." The testimony of the witness on this point at the Harney trial, where he said the suit was to be for damages and injunc tion, was read to him. He said that he thought he had given the testimony. More testimony, as follows was read: Q. "What was it to include; what ground ?" A. "The Minnie Healy north vein." Q. "What workings?" A. "The workings south from the Leonard shaft." Q. "Was it to be for injunction and damages ?" A. "Yes." "Do you recollect giving that testi mony?" "Yes." "You say you have no distinct recollec tion as to agreement about supplies?" "Yes." He Thought He Had. More testimony of the witness at the previous trial was read, and he said he thought he had given it. "Was it at any time agreed upon that Heinze was to return the property to Fin len upon any terms?" the lawyer asked. "Yes, It was, but without notice," was the reply. "Did you hear Mr. Mahoney testify that you gave him orders to discontinue the time checks on Hennessy ?" "Yes." "Did you do that ?" "I don't doubt, Mr. Mahoney's mem ory is good." "But you have no recollection?" "I have none." "Do you recollect that bonds were to be furnished to Finlen, if he brought suit against the Boston & Montana company?" "No." "You say your brother telephoned about the time checks from Helena?" "Yes." "Was it to discontinue paying the time checks ?" "I know he did telephone, but I don't know the time exactly." "What were the instructions?" "I can't remember." The witness recollected his brother had telephoned, but his mind was blank as to all other particulars. Mahoney Again. lie left the stand and E. L. Mahoney, Heinze's Minnie Healy foreman, took the stand for the third time. "Were the goods charged to the Min nie Healy testified to by you received there?" Judge McHatton asked. "Yes," the witness replied. "Do you know the prices of such goods at that time ?" "Yes." "What do you say about the prices be. ing fair?" This was objected to by Mr. Kelley on the ground that the witness was not qual ified to say whether the prices were fair or not, The objection was overruled. Mr. Kelley cross-examined the witness, and the witness' knowledge of prices was shown as follows "What was powder worth then?" "I don't know; the bills will show." "What is .powder worth now?" "I gcouldn't say," S . . .. .......... ... ... ..... ,- - SFor Friday and Saturday Linen Handkerchief Sale I IBenning Friday Morning at Nine O'elock In Hennessy's Notion Department on Main Floor When we will offer 15, 000 / Real Irish Linen Handkerchlefs ]\ .That we bought fr om the leading maker of fine I;nens in /wI Bel/ B , Ireland, at uinusually low fi gures. 1Of all our Handker chief sales, and you know we have had many good ones, this will certainly be the best. Every thread of each style is guar anteed, absolutely, to be all pure linen. Besides the three lines of Handkerchiefs mentioned below we have several made of I exceedingly fine linen with embroidered borders and corners _ '·- worked in the most delicate manner possible by the fair - fingers of Ireland's peasmants. t 'Mail orders will receive our careful and pirompt ¶tention. At 5c Each At lOc Each At 25c Each At this low figure we offer ,5,000 all pure linen This style is superhitivel.o .y g dt : for' rdilntln Ahin r ot ;tam.0l very fine nwil sheer Irish linen hndkerehles, ulnlaunderedI. Some are perfettly use no ldy in the i lt alul neeo, la l nything v l ii. Ilitr. hntldklrhirin ; lson ,' 1ire pinli wiiith .f, hnch h ,In plain, others] have an ilnltlal neatly embrlidelred T'hey are Ilunlunderdii, i s4I. c ly henllntitlche : 1ll'led hIoalrdl r; h nller l I is n ery lu'I' etty srl' i in one corner. \'lues thmat in the reg alnl wailt soy hoaIe' lhalve ple ll ll l otilro rdersl , others n iti, mEllt rl uil hot l i al' hl' in's lo eh nr gly et)Iihrobileoi ret e lnnot be secutred for less tl lau 1e t and I3. go t neatly worked Ilintials in 1cri1: oe h 'i l :( lid lt in %i llth u ntitIHy designs. tiiikruer ieot s 0 h wli(I d\. at oe cch. te uul wsui... ia l Wiy; alt this Sa lll' nl ly l' ii . inlly rig av to .ie. gio. at. i2.. IinJh. m inins i n i n 1 "Do you know what spikes were worth then?" "I did know." "What are they worth now?" "I think about 4 cents." "Do you know what Norway iron was worth ?" "I knew then." "Do you know now?" "No." Judge McHatton offered the payrolls and the accounts for supplies testified to as being those of the Minnie llealy mine at the time Heinze had possession of the property in evidence, after the witness finished testifying. Mr. Kelley objected to their admission on the ground that they were not admis sible because no ground in law for their admission had been established. Not Shown to Be Correct. They had not been shown to be correct. It had not been shown that the men on the payrolls had worked at the mine, or that the supplies had been used there, or had been bought upon a proper basis. "All of which objections are overruled," the court said at the conclusion of the lawyer's statement. John MacGinniss, the vice president of the M. O. P. company and Helnze's per. sonal agent, then took the stand for the defendant, Heinse. He said he was the personal agent of Heinze and that he had entered into nego tiations with Finlen looking to the pur chase of the Minnie Healy mine for Heinze. He had had many conferences with Finlen during several months in 1898, he said, and Finlen had given him authority to inspect the mine, which authority had been used by Heinze and Robinson in their visit to the workings in the property. He said that he had seen Finlen after Heinze saw the mine, and that he had told Finlen that they would take hold of the property. "What did Finlen say?" Judge McHat ton queried. "He said he wanted Mr. Heinze to take hold of the mine. He said he was tired of the expenditures he had made in the mine," the witness replied. To Reimburse Finlen. MacGinniss said that "we,' meaning Heinze, were to reimburse Finlen for the money he had laid out on the property. "Finlen first said it was $4o,ooo that he had expended on the mine. Afterwards he showed me a bank book .n which the sum appeared to be $54,ooo. That fixed defi nitely what we were to pay him if we took up the mine. This was in October," the wi*ness said. The witness said that Finlen had talked about the suit that was to be brought against the Boston & Montana company ever since a time when John Telling had spoken to the witness about the matter. "State if Finlen ever said anything about bringing the lawsuit himself," the lawyer said. "Yes, sir. He said he would bring a lawsuit against one of the big mining com panles himself, because it was encroach ing on the Minnie Healy," the witness re plied. ,MacGinniss said that he had heard Fin. len was going East, and he had looked the latter up and taken him to McHatton's office to have the proposed deal clinched. The meeting was on the a1st of November, 1898, he said. He is Sure of It. "At the first trial I was not certain whether this was on the arst or the and of November," the witness said. "Now I'm pretty sure it was on the aist. "You may state if an agreement was reached and when and by whom," the law yer said. At this point Mr. Shores objected to the witness testifying to anything of the kind. The objection was based upon the statute that requires a written contract for the transfer of realty, and upon the grounds that the evidence already given at the trial showed no such open, notorious and ex clusive possession as is required by law, and upon other grounds enumerated by Mr, Shores. The objection was promptly overruled, and the witness replied that an agreement was reached. He then described the meeting at the M. O. P. company's office at which Heinze and his witnesses say Finlen agreed to sell the mine to Heinze, and told what the pro. visions of the agreement were and other things. Met Finlei and s1oHatton. "I found Mr. Finlen and Judge McHat ton in the office when I came in. Judge McHatton had just finished reading a draft of the contract he had drawn in accordance with my previous understanding with Mr. Finlen., "The Heinzes came In, and I remenm ber that either Finlen or Mellatton told us that Fiillcn objected to some of the things in the contract as drawn. "One objection was to the manner of paying the $54,000; another was that the name of the party Finlen was contracting with had been left blank, and linlen want ed that lilled in. He wanted the contract to be with Mr. Heinze. Wanted Equal Terms. "Also, Finlen did not want to be hIound to deed something which, perlhaps, he might not lie able to get a deed to him self. Ile wanted to put Mr. Ileinze in exactly the same position he was in. "Finlen did not want to lie under the expense of bringing that suit, and hleinze agreed to pay that expense. Judge Mc Hatton was to be Finlen's lawyer stomi. nally, but to lie lieinze's lawyer really. Wishon was to lie ready to do anything that was necessary. There was somletlillng about' a notice from ileinze to Vinilesn if Heinse did not take up the bonds. In His Position. "The definite agreement was that Finlen was to turn over all his interest to leinze and put Ileinze in exactly his position. Heinze was to go down to the mnine and to go into the possession of it and work it, an,'protect the bonds and leases. lie was %t ppy the money to inlenis after taking up the bonds and leases, $27,ooo at the end of one year and as much more at the end of two years," the witness con cluded. The witness testified that :inlen's name was to be used ill the suit to be brought against the Boston & Montana comlpasny to recover for ores, and that Finlen said his word was as good as his bolnd, and that he would sign the contract with Hleinze as soon as lie should return froms the East. Mr. Shores cross-examined the witness for the plaintiff in the suit. No Direct Interest. "Have you any pecuniary interest in this suit ?' he asked Mr. Mactinniss. "Directly, no; indirectly, I am not aile to answer that question. But I do not expect it to result disadvantageously in case it turns out one way," the witness replied, "You mean by that that you have a con ditional interest inl the suit, do you?" "No." "Have you an interest in any company interested ill tile mlinle ?" "No." "Aren't youl an officer of the Minnie Healy Mining company?" "I think I am." "Are you a director of the company ?" "I think I am." "Did not Mr. Heinze transfer his inter est in the Minnie Healy miine to the Min nie Healy Mining comnpany?" "I do not know." "I suppose you have heard that I;inlen's interest has been transferred to the Bloston & Montana company?" "Yes." "It is a fact that you are a shoreholder in the Boston & Montana company?" "Yes; I own too shares." "So you will be interested in the defeat of Mr. Hleinze in this suit in a sense? It would he to your pecuniary advantage, would it unot, as far as your too shares in the company interests you?" Would Be Benefited Somewhat. "I should think I should lie benefited somewhat," the witness admitted. "Has a transfer of an interest in the Minnie Ilealy mine ever been made to you?" the lawyer asked. "Not to miy knowledge," the witness re plied. "Well, is that a matter you are in doubt about ?" "Well, I mean it is possible that an in terestfiad'beet transferred to me without my knowledge. Real property has been transferred to me before in that way. John Bottigo once deeded a lot to me without imy knowledge." "Well, will you find out abott that mat ter before this examination closes?" Mr. Shores asked. Will Modify Statement. "I will. That is, I will modify that statement. I will if the court requires me to do so," Mr. MacGinniss replied. "And not otherwise?" the lawyer in quired, "No. I don't see any reason why I should help you to win your lawsuit," said MacGinniss. "Well, you own too shares in the Bos ton & Montana company," said tile lawyer, with a smile, and the subject was dropped for the moment. A. P. Heinze on Stand. Yesterday afternoon A. P. Ilcinze was placed on the stand in the interest of his brother. IHe testified that he was present at the conference at which it is alleged by Heinze that Finlen transferred the Ihasrs and Iotnds on the Minnie Ilealy to him. A. I'. Ileinze testified that it was hris impression from what he heard said at the cotference that his brother was to take ptilsse'sion of the mlillne as Nsu(ii as a suit should have been lontghlt iagaiit the lusion & Montana cuntmpity. In Bad Condition. Ihe tesitiiled that he had visiteild tIlhe Minnie Ihealy in companv with hi: brother and (euorge Ii. Ihlinoll Ibefore the alleged deal was elllcted, alnd that it was in a bad ciilitimi. "llad the mine Iwen closed dlown?" Judllge Mcllattoin askedl. "It hadil len closed dowin for homlle time," the witness replied. "W'as there ally ore exposed?" "No conllerciall ore." "Dl)id you seet ally ore texpI5s'ed that would justify the purchase of the prop erty ?" "None whlalevr." In respect to the alleged terms of the alleged agr'eementi between Iniltl auid F. A. Ileinze the witness repeated Isi brother's story oi the witness istanid. Agreement as to Payment. "Fiunlen was to transfer the boids and leases and F. A. Ileinze was to pay him $J7,oo0 at the end of onle year and an other $27,oo0 at the lud of two yearn froll thIe lime thle Iases andl Inds should be takenll up," lie said. "Was Mr. Ileinze to take lpossesion at once ?" Judge Mellatton asked. "A sUit was to lie hbrulight againlst the ltoslon & Montana comlpanly to recover dlamlages for ore taken by it from it veini we believed apexed in tile lMiinie I ealy. The suit was to hle 'gun in the Itnam of Miles Finleni, and it was stlated by Judilg. Mcllattonl that it woutl Ihe best for Mr. Il inzei not to take piossession till after the collllmellCn nellte t of that suit," the wit ness replied. "Dil Mr. Iiillien say lie would sig. a contract covering tile termls agreed tipont ?" Said He Would Sign. "Yes, sir. Ihe said lie was in a hurry to go Iast. lie toldl F. A. Illinze to go right ahead and lihe would sign thile con tract just as soon as he returnled." "What were Mr. Finlcn's words?" "lIe told I". A. llcinze to go ahcad and spend his money ont thle mintie. Ile said his word was as good as his honl, and that lie would sign thile contract as soon as he got back from thie EIast, and that his word could be relied elleupt." Judge Mcllatton asked the witness if an agreemenllllt was completed and ratified at the meeting under discuissioll. Mr. Forlis objected to the question on the ground that it was calling fqr a con elusionl of law oil the part of the wit ness. Said Mr. Forbis: "let the witness give his evidence as to what was said and done, and then the court and everybody else who hears himt will lie inl the samle pIosition as him self in the matter of concluding whether there was a contract or not. Judge Mc Itatton has lost his cunning and discrimi nation in applying the rules of evidence." He Denies It. Judge Mellatton said lie wished to cor rect Mr. Forbis' statement in one particu lar--he denied that he had ever had any cunning. 'IlThe court sustained the objection and shut out A. P. Heinze's opinion as to whether there had or had not been a contract completed and ratified. The witness testified that Finlen was to pay the expenses of oplerating the mine till Ileinze should take possession of it, but was to be reimbursed by Ileinze. lie said a statement of the money expended by Finlen had been asked for by him, and $1,ooo or $a,ooo on account had been offered Finlen's representative, Wishon, but no statement had been rendered or money accepted by Finlen. Was Interested Himself. Upon cross-examination by Mr. Kelley, for the Boston & Montana company, the witness admitted that lie had an interest in the suit between Finlen and his brother now on trial, for the reason that he had received an option from his brother to buy a share in the Minnie lcaly mine. lle testified that he had been interested in the conference at the office of the Mon tana Ore Purchasing comnpany at which the alleged deal with Finlen was said to have been pulled off, for the reason that he was opposed to the deal. Ile said that he thought it was no good. "Hlow did you happen to be there?" Mr. Kelley asked. "It was held inl an office room that was used by Mr. MacGinnils and myself." The witness testified that Finlen was more desirous of sueing the Boston & Montana company than was F. A. Ileinze, and that the matter was left to the judg ment of the hitter, who was to take pos seasioll of the Minnlllie lly at uonce should ie dehidle lnot to see. Evident Discrepancy. The e'vident of A. I'. I riit,e at this trial difltered materially from that given by Ni. at t the Irmer trial. The changes were along the litnes followed by his hrother, F. A. Iiciite, and brought his lstory as i t ihe tralesactiosl with lfiletll mIlore' into line. with Ithat of Jtudge MeNi Ilatlonl , Oas similar chnllltes lad dollte with tlihe story of F. A. Ilheince. I.ike V. A. Ileinle. hee clhange'd his. slatemenrlt as to the lime the ;paymellts were to ee' Ia:ele to lVihell. Iloth Ile'inzet s .said at tIhe first trialI that thIe money was to lIe paid one and twoe years after the expiration of the blonds andl leases. At this trial they tholt declared tile pay eeents we'rte lee ieumlade enel andl two years aft er tileh bnds lnle and le'ses should hte taken upl and deeds Iee lerured by F. A. lHlehizse. PARKS AND MEN FINLLY SEATED STRUGGLE IN IRON WORKERS CON VENTION WON BY THE NEW YORK LEADER. ItV Athite IA'ldl.) I'HFI H. iKans.s (' ity, Sept. .t.---At the emorningl Ne...ioll of tlite ironl workers today the New York delegationl weas formally e;aiteld, huh Inot withcout t final light eupont tihe pat t of eite ofl its neellhciers. As soon as the collnventionll weas called to ordeir a light wags started on Joseph A. Mulaney, a Plarks follower, and ia heated discussion "We will Ilt the conventionl fight it ollt lullolg themselves," said Delegate Parks, n1eel lhe volmtlarily left the hall, fullowed by his aessociatesc from New York. After tIlee matte'r hadll ben threshed over thoroughly tile entire New York delelgaetion, includling Mulaey, was seat edel, iland thery re-elleredl the convelltion hall. Mulanlly is a .memele r of Ullion No. 46 of New York city, and a particulaer friend of l'arks. Iii being secaled made the vic tory of the Parks crowd colmplete. ()itside the convenltion Robert IE. Nedig, presidenlt of No. 2, who was yesterday de. posed beicaeuse Ie had nllpported President Ilhlchalam in suslpeding that local, said today: "Tlhey will get me when I reach New York." InI the convention Sam Parks had branded him a "scalb," and Delegate Nedig, lhe said, made cno retort. "l'resident Buchatnan," naid Mr. Nedig after adjoutrnellnt, "will finally be upheld in the stanld he has taken. Time will justify his acts. The element that is standiing by Mr. Iluchanan is the backbolne of the associationl." The conlvention formally ratified the Reating of insidle or shop mllen. This as sures complete affiliation between the out aide and inside men, anld doubtless will finally bring into the International Struc tural and Bridge Workers' union many thousanlds of additional membnlers. When recess until a:.3o was taken, sev eral individual conltests before the creden tials committee were still in dispute, with the prospect that all the afternoon session would be taken up with other matters. Parks Men Seated. After being in session behindl closed doors since early yesterday morning the convention at to o'clock last night voted in favor of seating Sam Parks and the other delegates from local union No. a of New York. There were but three votes cast against Parks and his friends. The result was a decided victory for Parks, as it reinstates him and local No. a of New York, of which he is the business agent, and directly repudiates the action of President Buchanan in suspending it. The Parks dclegation will now have seats onr the floor and the supposedly regular New York delegates are out of it. TO RACE DOWN AT BOISE Dillon, Sept. 24.-About a dozen race horses left here this afternoon for Boise, Idaho, to participate in the race meet to be held in the latter city. Most of the horses have Ieen in training at the local track during the summecr and a lunlber have shown Indicate'as of good speed and much is expected of them at Boise. Preparations are being made by many local residents to attend the county fail at Twin Bridges Friday and Saturday.