The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-03-26
,ackage mentioned at the request of

1 Il
winnipeg and saw it delivered to Berge
rem and saw the latter open IL. The in
spector received the letter from Berrerer
after the latter had endorsed his nam,
, | dered."
The letter and the monthly estate
ment II contained were offered in evil
dence and objected TO by HaIdlorn on tbs
ground that the indictment alleged tina,
me statement had been signed by Haupt
IN ms own handwriting, which had NOT
yet been proved.
Attorney Shelton said il would be
proved tiat the signature was n fac similc
OF haupts signature, and the court init
alra' gu tilat !! was not necessary to prove
an lmlnaterial allegation, but Haldorn
wanted time to look up authorities and
court adjourned until O'Clock,
Nhen court reconvcned Mr.. Haldorn
presented authorizes TO the effect that a
descriptive averment in an indictmapt
mad TO be specifically proved.
Mr.. Welcome made n further objection
10 tue offered evidence and said that a
variance from the allegations of the in
dlctment should not be allowed.
MIR. Shelton read the United States
statute under which the indictment was
found and which said that an allegation
| tnat was not prejudicIal to the defendant
should not be regarded as an error. and
| salu that the gist of the offenso was not
| IN the signing of the statement. but in tho
| Office Tor transmission through tho mails
| Inc court overruled tho objection, but
said that the allegation that the state.
| iheht was signed in the proper handwrit-
ing OF the defendant was rather embar-
RAISING to the court, when il was evident
| that 1t had not been so signed.
Inc prosecuting attorney then offered
IN evidence the envelope and circular adj
dressed TO NJ. Bergeren, AZ Mary's street.
winnipeg, Manitoba.
Wayland said he was in Haupt's Office a |
Few days before he followed the Berperen |
circular to Winnipeg and saw similar
circulars there. MIR. Haldorn wanted TO
Know IL the witness had ever known other
circulars to be sent through tho mails
ana he replied that personally he had no
sucn knowledge, but he had received n
large quantity of circulars from different
parties who had received them. Mr.. Her-
geren told him that he had been acting os
agent for Haupt and had transacted cor.
siderable business for him in WINNINGS.
M: l.. Holland testified that he signed
the incorporation of the Montana Mining.
Loan and Investment company and that
ne had neen induced TO sign it by Haupt |
VINO said that the company was to be a |
mining and development company and
mat he desired to have number of |
prominent men in on IL. He at first re-
fused to so into it as he said he was al |
ready interested in enough mining enter- I
prises, but he was afterwards Told nv /
haupt that he had been elected a trustee G
Oh the company. He attended the first
meeting OF the trustees at which Haupt
was elected president and general man
lger' Inc other trustee. he said, was
mas. j. Stephenson. Mr.. Holland said
nat he was never present at a meeting at Z
which loans were made, and he had no
knowledge of loans being made further c
han what he had been told by Haunt i'm r,
81 was informed by friends" said j,
+. hn | 4
fraudulent one and on being so in formed. il
'lr. stephenson and were both desirous :,
II getting out of 1t. We then drew up n u
esolution calling on Mr.. Haupt for fun /,
tatement OF all money received and dis Is
'urscd by him and another resolution is
rderlng that the operations of the con-
ern close until we had received such n IL
tatement, either the next day or a day or :,
wo later. was informed that a meeting
the stockholders had been held and | Is
ew trustees elected so that my connec-
on with the concern was severed IdiI
OF see any report prepared by Haupt in Is
ccordance with our resolution. Ii was
~ understanding that loans were made i,
4 promlssory notes to run 10 years with IL
ut any security. Mr.. Haupt had entire l.
largo OF the business of the concern" p
Inc witness identified a circular as l.
mllar to one which had been issued by lr'
aupt and through which he had received III
s ilrst lntimatIon that the concern mad IA
the form of q lottery. chad no Oh
lowiedge OF any stock in the COMPANY IA
'er having been issued TO him, although ar
might have been issued in order to en- III
lie hlm TO serve as trustee, and left in sc
Q stock book. He had no personal va
lowledge of loans having been un
ade by either Mr.. Haupt or Mr.. u
ephenson or both, and he had never III
Issed upon any loans. Mr.. Haupt had Iof
lnsferred several mining claims to the up
operation and received stock in nav. th'
ent therefor. Witness presumed that ers
OF the capital stock had been made WI
10 Haupt, although he believed that leg
me OF II, he could not remember how str
lch, had been transferred back as treas in'
Y stock. iZe
:. Q. Johnson, county clerk and re- evi
der, introduced the articles of incor-
ration OF the Montana Mining, Loan d TO;
'estment company, which were filed on car
?; ., ls92 Inc incorporators were II. lar
Haupt, II. c. Kessler. j. L. Richards. ~
G: Walton, John f. Cowan. p. A. Lar. y
:, Nj. l.. Holland and c. j. Stephenson. NJ.
capital stock was named as S12.OD0- WI
; divided into 100000 shares of Sl2O
n: Inc witness referred to the records L
zen showed the location of the Mon iro
a, Silver State. Silver Anchor. Free
mage, Back Hussar, Iron Clad, Won II
Sky Rocket. Silver Glance and Gold fires
iodes. IN an unknown mining district. the
IN OF Walkerville, by II. J.. Hanpt. be-
en- Nov. /, 1891, and January, 1892 lie r
} read from the records n deed filed on ! stru
}. d, 1892. in which Haupt transferred Uta
OF the mining claims above mentioned
he Montana Mining, Loan & Invest NJ
II company. the consideration being the
nd 10000 shares of stock in the COM mal
y. her
ostoffice Inspector c. L. Wyland was and
He'd and identified q letter containing
ospectus and certificates of the COM
y which had been sent to L. Hubbard W
anslhg' Mlch'' IN May, 1892. The wit ider
stated that he had received the letter For
ugh the postoiiice department al w.
which had ordered suspen-
oil Haupts business through the Fo
me. II had \ co,,or.i,io irau i.i LEM
TIL
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