The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1890-07-24
GETTING AT The TRUTH
Evidence Submitted In the ncBFide-
Haldorn Disbafment Case.
Witnesses Who Won't Talk and
Lawyers Who Talk Too
Much-About That Min
ing Deed.
BY the Standards special Wire

BUTTE. July 23.-The hearing in the Me-
Bride-Haldorn disbarment case was again
resumed this morning. Simington, the
witness on the stand so long yesterday,
was again called. On redirect examina-
ton by Attorney O'Donnel he admitted an
error in q date given yesterday. He had
forgotten Il, SO long q were the events.
The date was the 18th instead OF the 18th.
The witness thought the mine was worth
$4,000 or $4,000. The witness further
stated that he found out from the date in
the paper his error. He had a conversa-
ton with Captain Lyons on the 18th.
Lyons came up to the witness and said,
laughingly, that he would have to COM
mence suit. The witness stated that he
did not know whether certain lawyers
represented him Dr. not. Here il became
impossible to get anything more out of
the witness and he was excused.
Mrs. Elias Simington was next
called. She stated that she knew
Attorney Mcbride aud remembered
being in his office March 10, 1887. No one
was in at first but a lady came i'm after
wards. The witness did not and could
not know this lady IL she met her again.
She went to McBride's office to sign an
article concerning some lumber. The wit
ness stated that $40 was the price 10 be
paid for the lumber and timber on the
Great Eastern claim. Mr.. Mcbride read
a few words about the lumber and timber
and told her not To be afraid TO sign il as
it was only a bill of sale. Her husband
told her il was only the lumber and re-
quested her to sign IL. Mcbride read moth
ing regarding the sale of the Great East
ern mine. SHE objected To signing il I'M
til her husband insisted upon It.. The
witness did not read the paper but signed
after a few words all of which she did not
remember. Mr.. Mcbride never examined
her separately. He had asked her IL she
signed it without compulsion and she had
replied that she was unwilling. She did
not know until a day or two after that she
had signed the deed of the mine. The
witness was then told so by her hus-
band n was very much surprised.
Mr.. O'Donnel asked hat n attorney
alone examine the witness, and, upon the
refusal Of the referee TO make such a rul-
ing, filed al objection.
On cross-examination, the witness
acknowledged her handwriting on the
deed i'm controversy, also the date, March
III, 1887. The witness was unable to read
the writing in the deed. This deed was
then presented i'm evidence. The witness
was unwilling TO sign the deed because
she and Simington expected TO get more
for the lumber than that. The witness
did not remember Mr.. Dickie's having
been i'm the office. She was certain he
was not there. The witness never said
that she supposed it was better to sign
the deed because she and Simingion were
unable to fight for the ground in the
courts. She did not near deed read, only
a few words OF il. She signed no deed as
far as she knew. Simington was in the
room when she signed the deed. She was
afraid OF Simington i'm some cases.
remark raised a general laugh.
On redirect examination the witness
n1nlitta6 being n woman Of enlOr. She
could read plain writing. She did not
remember having seen MIR. Dickie.
William Burton was next called. He
was personally acquainted with Attorney
Mcbride. He was in McBride's Office on
March 10. 1887, He was acquainted with
all the parties interested in the mine. He
heard no conversation W them in
the office, but he had heard at the corner
of Granite and Main streets a conversa-
ton regarding lumber and the bill for il.
Mr.. Mcbride was in the Office when he
reached there. After a few moments
they went to the California brewery.
After about half an hour they went up
stairs to sign. Mattingly signed first and
then all. Mr.. Mcbride did not read the
paper, nor describe its contents. Mat
tingly looked over the paper and said he
guessed it was all right. Nothing was
Lyons aid they had no claim,
as the jury had SO decided
and the Others made ne objection TO this
assertion. The examination here pro-
ceeded with the greatest difficulty owing
to the objections of Counsel Pemberton.
Lyons requested Mcbride to draw up
papers for the sale of lumber aud timber
at Sl40. The witness did not know what
was written on a piece OF paper passed by
Lyons 10 Mcbride. On handing them the
pape Mcbride did not call il a bill of sale
but simply said sit is already to sign"
Tho witness stafal N nnrrapxntt,, th.
next day. He saw I'm n paper where Lyons
had sold Inc Contention lode for 81 and
said, "You sold that junk mighty cheap"
whereupon Lyons said, "Oh! | don't care
for that: IL was what ] got from those mig
gers that l was after" The witness here
kept volunteering information, which was
gleefully seized upon by Mr.. O'DonnelI's
opponents. The witness had no business
or blood relations with Lyons or he
other parties except Simington.
On cross examination the witness rec
ognized the signature on the deed. The
witness could not say that this was the
paper signed, but he thought the sigma
ture theirs.
As MIR. Flagg, the final witness on the
deed matter, had not yet been found, Mr..
Pembcrton proposed an adjournment
until . O'Clock. Mr.. O'Donnel objected To
paying a referee while his opponents
rested. IL wanted, however, but II min
utcs 10 II o'clock u Mr.. Cation jokingly
said he could aiford to give "A rebate for
10 minutes In order 10 have the testimony
all in on one case before another was taken
up. So an adjournment was taken until
. o'clock this afternoon.
Flagg. the missing witness, materialized
before ? o'clock to-day and was imme
diately sworn. Flagg. like S~inington. is
"A colored man. lie had bee an owner In
the Great Eastern mine On March 10.
1887. On that day he was in the office of
Attorney Mcbride aud recollected the sale
of some lumber and timber aud other
things. He sold no interest in the claim.
Lyons requested him 10 sign
what he called an article of
agreement covering lumber and timber.
The witness objected 10 $40 as INSULT.