Daily capital journal. (Salem, Or.) 1896-1899, 1898-11-09
KLEIN'S TESTIMONY
Subjected to a Cross-Examinatlor
by Counsel for Bush
Refusal to Testify when il Might Be
tray Confidence ofa
Friend.

Cross examination OF A Klein 10
suit of A Bush was conducted by Mr..
Bingham. Klein said he had forgot
TO put lounge IN duplicate inventory
which was made from memory; had no
knowledge of Mr.. Bush's Intention TO
take the store: never had alleged
conversations with MIR. Bingham; or
with Mr.. Bush before he went east In
1897; turned Inventory over 10 Mr..
Bush within a week after he asked for
IL; had packed shoes loosely TO ship
before making inventory; agreed 60
turn over all stock contained 10 that
store room but no others; shipped
With Krausse Bros. goods. because
they we're then going into the Pendle-
ton Shoe Co. with him; was almost
out OF shoestrlngs when turned
over TO Bush; nearly out
OF bldcking; boy in shoe store got
$40 a month; fixed prices on shoes at
Mr.. Bush's request; got the 5000 after
the matter was closed up; 10 was a
balance coming TO him; there was
nothing asked about depicting stock;
did not advise with friends or con.
suit with anyone about "dolng
up Mr. BuSh;" took inYoice several
times and told him about how much
stock there was; owed Bush at one
time nearly $4,000; he asked me for
my liabilities aud told; hlm eight
years ago owed him almost nothing;
made no payment for last six months;
you took me over there aud every
thing was cooked aud prlmed, ready
TO sign; didn't know a thing about
IL; Mr.. Bush fixed price OF stock and
house; only condition | made was TO
refuse TO give up my books and ac.
counts and that those eastern bills
should be paid: the ten cases OF goods
sent TO Trail 3. c.. and 20 cases sent
TO Pendleton, were taken out OF the
store; some time In July.l8g7: sold tea
cases TO my brother, could
not remember what he gave:
never was 10 a hurry to pack up
goods out OF store TO ship TO Pendle-
ton; got money for goods sent to JOS.
Klein; sold Pendleton stock 20 Jos.
Klein for 300 and balance OF 10 In
notes. One note went TO Ford, Slater
& Kaiser; one was Ia hands OF a
friend and drew some money on IT,
Who was the friendy refused TO say
whom. Judge Boise ordered him to
say, He refused. The court sent
Balllff Palmer for Sheriff Durbln.
The court ordered the question TO
be extended In long hand, and wrote
out an order In the matter.
Mr., Klein and his counsel held a
hurried consultation and there was a
buzz OF excitement Ia the court room.
Upon returning Mr.. Ford stated for
his client that confidential relation
existed that made IL very dlnlcult for
his client 70 tell. MIR. Klein would
bring the note into court In fifteen
minutes.
"The note wouldn't do us any
good, said Mr.. Holmes.
"The witness has offered himself
here and the court has ruled that he
must answer" said Judge Boise.
After another consultation counsel
decided t0 reveal che friends name
II. X. Ans0n. He had requested that
his name not be disclosed The note
was for $3.50. Other note was for the
same amount. Had spent the s7OO he
got on the PendletOn store.
Money deposited with Salem
bank was from collections aud salary;
did not urge Mr.. Bush TO mark down
the stock.
After few more questions case
was closed for defence. A. n. Bush
aud A. Bush were recalled. Latter
said after settlement Klein had
brought out bills from eastern parties
that ought TO be paid. Klein said he
had nothing but an old horse and
wagon. lie never recognized any liza
bllity. Had furnished money To pay