The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-06-11

these eontIemen with reference to b
name you should assume In Scatter"
Yes, STR"
rhe witness said that the night be-
fore he left Butte Wines and Booth
both s~uggeoted . number Of names and
Ed Laney was finally decided upon. Inc
Of several race horse men were
suggested, but II was concluded not to
take one Of them, as the man might be
discovered and deny his connection with
the case. 1t was also arranged h Q Mr..
Booth should write . letter to Ed Laney
at Seattle for the purpose OF Identifying
Bacher. I'M letter was written and
mailed by Booth before Bacher LEFT
Butte. There was some doubt a. TO the
make of the revolver which the bogus
Ed Laney was supposed to have loaned
to Shsfer and II was agreed that Booth
should find put and write q cypher letter
to Bacher informing him OF h make
and caliber Of the gun. II the words,
Boise, Idaho" occurred In b letter IL
would Indicate that the gun was q
Smith q Wesson. II the words. san
mean q Cots revolver. Bacher said he
arrived in Seattle or Sunday and on
Monday he called at the general deliv-
ery of the postofice and got two letters
from Mr.. Booth. The cypher letter said
'the full description of the man Is that
he il 81 years Of age n was last seen
at Boise, Idaho"
That gave me The cue that the
was a 3S-caliber Smith & Wesson," said
Bacher.
when was this cypher arrangement
agreed on?"
The night before I left Butte"
The witness said he had been directed
to report to George Runnells A. the no.
tary who was to take the deposition. The
letter he had from Booth was directed
to Renals, but no such man could be
| found in Seattle. BY accident, however,
Bacher encountered q man who was ad-
dressed as Chancellor Ronald and he
inquired of him and learned that he
had the deposition. Ronald, however,
did not have time to a the testimony
and sent Bacher to q notary named
Bolster. where he gave his testimony.
Were you sworn and placed under
oath before you testified?'
Mr.. Corbett made an objection to the
question on the ground that there was
no evidence that Bolster had authority
to administer an oath. MIR. Nolan then
offered in evidence the notarial seal OF
Bolster attached to the Laney deposi-
ton. That was also objected TO and Mr..
Corbett said q jurat itself was no EVIL
dence of authority at all. and that II
Bolster had authority to take the depo'
SlllOU OT u duIiiihlStCi al ooth eh9s
thority was upon the records OF tbs
court that issued the commission, and
could be very readily produced IL 1t ex-
isted. The fact was the commission was
issued to ]. T. Ronald, but the deposit
ton was taken by N. w. Bolster. The
objection was followed by arguments by
Corbett, Nolan and Cotter. The couri
sustained the objection and said a com
mission had been issued from the cour
and AZ would have tn he shown ina
Bolster administered the oath under tina
commission and not under his authorit,
simply as a notary In the state OF WASH
ington. Judge Clancy said that was hi
mind on the subject, but he was will
ing to listen to authorities on the point
Mr.. Nolan argued that the court wa
not yet called on to decide whethe
Bolster had authority to take the depo
sition or to administer an oath. h
said all he wanted to show at this tim
was tina Bolster was a notary public
and he would show that by the intro
duction of his notarial seal. The cour
held to its ruling and Bacher was TEN
porarily Withdrawn from the witnes
stand and William Parmerlee. a Seattl
attorney, was called. He testified tina
he knew N. w. Bolster. Mr.. Parmerle
said he wal present when Bacher, a
Ed Laney, gave his deposition and rep
resented the state ON the ~cross-examina
ton. He was familiar with the hand
writing of Notary Bolster. A copy Q
the Washington code was offered In evi
dence to show the limit of authority OF
notary public. An objection was madeo
the ground that IL was incompetent. a
the law related only to the authority c
notaries to administer an oath for us
in the state of Washington. The argu
ment on the objection again got back I
the question whether Bolster had an
authority at all to take the depositio
or administer an oath under the con
mission issued by Judge Clancy to /.
T. Ronald. Mr.. Nolan said that IL tn
court meant to hold that way he wa
ready to end the case right there as ia
as he was concerned. Judge Clanc!
however, said he was not entirely salts
fed on that question n he desired
hear some authorities IN IL. and In ordt
to give the attorneys time to prepare
=, present the question and look up al
] thorities he adjourned court until
o'clock this morning. Upon the court
: own motion the jury was ordered keI
together until that time.