The Helena independent., 1893-07-01
SAYS he MADE NO MONEY
Harris Testiflss That tho Butte,
Spokane and Great Falls VEN
lures We're Losers
Assignee Morris Examined a. to
Amounts Realized From the
Stock Sold.
PlaintiYs Claim That u. L. Frank, oi
Butte. Was Only . Nominal Pus-
chaser Of II

Ben Harris was placed on the stand again
yesterday morning In Judge Bucks court
for further examination in tho Harris g.
signmsnt case. The examination went into
the particulars Of the earlier testimony.
Harris said that he lost money In the Butte
branch and In the spokane branch. The
latter house was burned ont. He said hs
lost about 5000 there and thst he also
lost money In the Great Falls venture.
There was insurance on the stock burned
at 81 okane Falls. He testified that hs had
an arrangement With his mother. Bath.
sheba Harris. BY which she was 10 take out
whatever money she needed. she being the
judge Of what amounts she desired. HaT-
ris said she put sc. 700 into Tho concern and
never d, ew out any Of her capital. The
snms she drew ont amounted to more than
the capital she originally invested III the
business. The witness also testified that hs
borrowed g. 600 from James A. Moray. Of
Butte. and $500 from the Montans Ma
tional bank and that this money went into
the business. being applied 10 tho reduction
OF the msr chandiss account. Money thst
hs received from his sister. Mrs. Sax. hs
said, also went toward the payment Of sx-
listing debts. The witness was inter. oeatsd
about the formation of tho frm known -
Harris Bros. composed Of his wife and two
brothers. and why ho did mot 70 In % 4
partner. He replied that be thought IONS
was enough ont Of the family" referring TO
his wife. His counsel said they were
willing to admit that Harris owed money
before coming to Montana. The witness
was asked II that was the reason Why he
had not Joined the Harris Bros. partnsrship.
He said IL was not. The testimony shows
that he 10 drawing . salary Of $3.50 month
as manapsr Of tho present store in Helena.
and that the stock 10 owned By H. L.
Frank. Of Butte.
Moses Morris. the assignee, WAS the next
witness Judge McConnsll's questions to
him were framed 30 a. to bfirg out that H.
L. Frank. who bought the stock from tho
assignee. was simply nominal purchaser
of IT, and that Franks bii was put iu
through Tools & Wallace. The judges
questions were also directed to establish
that Ben Harris was behind these nsgotia-
tions; that he was around the store while
the inventory was being taken and gave
directions about the inventory. The wit
ness testified that Harris was present at the
sAAos huO tAAS h IL FRANK R0uS16lly WIS
tied the store when he was in town. He
testified that the unpreferrsd creditors
claims amounted to $4,000. and that the
amount renlizsd from the sale Of the mer-
ohandise Was 47.279.96. and the amountre-
esived from the sale of accounts WAS
$3 1880. The amount received from the
sale Of tho stock before the sale In bulk 70
Frank was 22,664.44, tho total gross pro.
oeeds Gee OF the sails. both In lot and bulk, was
$3a 4723S. The amount Of the inventory
OF the stock was in round numbers, $42-
600. The amount outstanding in accounts
was $17, 399.54 at tho time Of the assign-
mont. Out OF this tho assignee ool-
leosed $500. Among these accounts
was one against Sax & 70
kind for goods delivered to them
from the Harris store. sax q Zekind wsrs
not sued for this amount, because IL was
claimed that at the time the goods were
sold Sax & Zekind were to have tho option
of either paying cash or returning the
goods. The assignee also testified that
there were Rarnishments and attachments
levied on Sax & Zekind similar 10 those
levied on the stock he hold in tsust az as.
signee. and that tho sax & Zekind store was
not closed by the sheriff. the attaohm ents
being formal ones only. The case will bs
resumed to-day.