The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-11-19
that VERY BIG NOTE
Dr.. WsyerhOrst Is Asked a Long
String Of Pointed Questions.
OTHER WITNESSES TESTIFY
Gordon Sherman Was Not Put Up
on the Stand and That Was a
Surprise - Blodgett. the
Famous, Speaks.


note alleged to have been given DIR.
Weyerhorst by the late James Tuohy
out of gratitude for medical attend
ance. was resumed in Judge Speers
court yesterday morning with Dr.
weyerhorst under cross-examination
He was asked bv Mr.. Corbett IL he had
not stated to James III. Lynch, In the
presence of III. O. Walton and others.
about the time the alleged note was
executed, that Tuohy owed him $3.50
and that he was going to get even
with the old man because he would
not give him a note for the amount.
The witness denied ever having made
such a statement He was asked II ne
knew a LAWYER named Blodgett ana
he replied he did and that Blodgeu
was now in jail for Matchmaking. He
denied that he asked Blodgett. In
Haldorn's Office. about week before
the sa5. 900 note was signed II note
with a genuine signature was good
after the makers death and denied
that ne asked Blodgett II II made any
difference what a paper contained
provided the signature was genuine.
do you know Dan Shields. the
crippled man who was In the court
room the other day?"
yes. sir. He used 10 act as nurse
for Mr.. Tuohy."
IBID YOU offer Dan Shields a sum
OF money If he would testify that the
note IL genuine?"
Never"
"Did you talk to him about the note
soon after Mr.. .Tuohy's death?'
81 did not
You had no conversation with him
of any kind?"
None whatever"
was the note signed on the same
date on which 1t Is dated?"
-. n afQlnQlx in the Aft
ernoon."
"How often did YOU visit him on
that day?'
Three of four times"
"why did YOU visit him so often?'
HE was sick and asked me to call
as often as I wanted"
What allied him at that timer
HE had dropsy. but he was walk
Ing around at that time"
twas anyone present when he gave
you the note?"
mo. SIR"
How many written instruments
did Tuohy ever give you?"
"Three-an option on a mine, "a note
and a written testimonial"
lis Mr.. James Lynch of your nation
alfty?" asked Mr.. Haldorn. on redirect
examination.
Objected to and sustained. Mr.. Hal
dorm said he wanted TO show the i'm
possibility of Weyerhorst confiding in
any one not Of his own nationality.
you say that the Blodgett referred
to Is a convicted blackmailer?"
Another objection was sustained,
and In answer to another question
weyerhorst said the only dealings he
ever had with Blodgett was after
Blodgett secured the fraudulent note
from Mr.. Byers and tried to sell Vt
to the witness. But 1t wouldn't
work." said weyerhorst.
That was sometime after you got
the note from Tuohy?" said Mr.. Cor
bettt.
Yes. SIR"
us It not fact that you saved
Tuohy's life when he was suffering
from dropsy?" asked Mr.. Haldorn.
Yes. sir"
E. Z. Congdon testified that he was
familiar with the signature of James
Tuohy and in his opinion the name
to the note was genuine. On cross
examination he said II the note were
presented to him he would question
the amount. but not the signature. 81
would certainly think there was some
thing wrong IL / were presented with
q note OF that size from Mr. Tuohy.'
said the witness
The plaintiffs announced their case
closed and then the defense asked
leave TO amend their answer to show
that the suit had been brought pre-
maturely. that is. before the note was
due. The court overruled the motion
in that II had been made too late. An
other motion was then made for non
suit and also overruled.
James II. Lynch was the first wit
ness for the defense and was asked
about the declaration OF DIR. weyer-
horst that Tuohy owed him $780, The
witness said Weyerhorst came into
Valfton's saloon on West Broadway
where Mr. Lynch vs. In charge Some.
body asked him how he was getting
along with Tuohy and he replied, 81
fix him." Weyerhorst said Tuohy owed
him $3.50 and that he had asked him e
sign a note for that amount, but
Tuohy refused TO sign the note be-
cause Weyerhorst had agreed to alb
solutely cure him for that sum and
had failed TO do II. Mr.. Lynch satt
he was sure about what Weyerhors'
said because he. the witness, knew
Tuohy so well that he paid particular
attention to what was said.
Mr.. Cotter repeated what DR.. weyer
horst was supposed to have said anC
asked Mr.. Lynch II that was Weyer
horst's language.
That Is positively what ne said,
was the answer. and then Mr.. Haldor,
asked him TO repeat the language O
'A@~A AAI h~Ao ~ Uocltlkt.
Il only came here as a citizen in tn,
interest OF Justice and / don't think
should be prosecuted" said Mr. Lynch
Il don't believe there is a man in tn
room that could repeat the exact Ian
guage."
A hot argument between the attor
ney and the witness followed and /
was some time before order was re
stored and then Mr.. Haldorn agaIl
asked Mr.. Lynch 20 repeat the Ian
guage used by Mr. Cotter, and o
which the witness had been positiv
was the language used by DR.. Weyer
horst. DIR. Lynch repeated that h
was testhying in the interest of Jus
tlce.
II saw rhss scheme coming up and
determined II was my duty to tel
what 1 knew"
You have got a little anImus A
this matter. have you not?'
NO. sir: only as a citizen"
when you SPOKE OF this suit as
scheme that does not show animu,
does hy'