The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-12-01
BUTTE News.
IHE nTR MORRIS CASE
Come Interesting Testimony Was
Introduced.
DlDS HAD NO AUTHORITY
The DESCENDANTS Assert That He Had No
Right 20 Borrow the Money in h
Name OF the Company and
= Deny Responsibility.

The Kitty Norris case, in which F. II.
-rongdon sued l. Il. Old and a num-
Her Of Bozemanites for money alleged
have been used in the operations of
Ihe mine, took up the attention of
Judge Lindsay and a jury again yes
&erday. Some of the testimony intro
6uced at the trial was interesting.
The first visit OF two I made to
;Boxeman." said Mr.. Congdon. Senator
Hoffman and others gave me the as
surance that they would get together
and endeavor TO pay me. The note
mas carried by the ban for six
months, after IL was due. on my repre-
1entation that they were going TO
etraighten IL out. Finally they changed
front and / paid the note"
You renewed this note. Mr.. Cong
don, which was signed by Mr.. Odds and
yourself four times before you said
Ianything to the Bozeman associates OF
Mr.. Odds about the existence of such a
pote?" asked Mr.. Hartman on cross
Examination
= .Did you know that they had ceased
operating the miner"
You didn't keep as close tab on it
after you signed the note as beforeT'
mo, sir"
You didn't see anything OF these de-
PENDANTS between October 1892. and the
time you signed the fourth renewal
note of May. 1887"
81 think l did"
khe notey'
IT did not"
sThe fact is that you said nothing
30 these defendants about the existence
b. this note until after Odds was re-
ported TO have left the slater
81 can't say as TO that. as i was alb
sent myself when he was reported to
have left Montana"
what finally caused you to write to
these gentlemen about this note?"
Because i received notice from the
bank to pay up"
Then you received a letter from {.
r. Hartman on behalf of the defendants
denying absolutely the existence OF
such an obligation on their part n
stating to you plainly that they recog-
nIze no such liability. and also that
Odds had no authority to borrow money
for them. or on their
Il received no UGH letter, only a let
aer that was evasive in it's terms
Mr.. Congdon acknowledged receiving
ruch a letter. but the letter was not
read.
The defendant Olds was again put on
the stand and contradicted the testi-
mony of Congdon regarding miners
having congregated around the hotel
and loudly demanded their pay.
Congressman Hartman was the FIRST
-sritness for the defendants. and he
-fetated that O1ds was instructed TO take
charge OF the operation OF the mine.
THE furnishing OF the money was an
exclusive proposition Of the defendants.
The defendants had the honor of fur
nIshIng all the money. They gave Olds
no authority to borrow, but directed
him to notify them when he needed any
money. lie had been given no instruc-
-tions at all with reference to keeping .
bank account. His bank account wal
a matter OF his own concern.
Mr.. Hartman also testified concern
ing the corporation Of the Butte 4
Bozeman Mining company. which con
Germ was organized for the purpose O.
operating the property I'm question.
Mr.. Wines made ar objection to MI
Harfman's way of answering questions
>He said the witnessed followed eaci
answer with a speech and argument
Mr.. Hartman, resuming his tes,imons
naid that when he and his ASSOCIATED
learned that Odds had run an overdraf
mt the Silver Bow National bank the,
at once repudiated the indebtedness
and Cashier Harrington was informe'
that they had not authorized Olds q
contract any debts for them. and Old
at that time. in the presence OF Mr.
Harrington, stated that the $1,000 over
draft was his Individual Indebtedness
Afterwards II was shown that S3.loo q
the 5000 had been expended in IN
operation of the NINE. and while IN
defendants ~repudiated all of the deb
or liability for Il. they decided to pa
the s.. 100 I'm order to avoid trouble an
Ito wind up the whole business. IL wa
= paid and the bank gave the defend
ants receipts in full for all claims ant
obligations the bank had against them
Nothing was said at the time OF IN
Congdon note. although IL was in ex
astence at the time. and the defendant
knew nothing about II. Mr.. Hartmal
said there was no occasion for Odds {
borrow money to carry on h opera
>tions OF the mine. as all his demand
-were generally met very promptly b
his associates. who put up their none
10 pay the expenses. The witness sal
he was painfully aware Of the fact ina
he paid every time a call was mad
Mr.. Hartman said that he n his as
sociates put up between $500 and s2.St
reach for the operations OF the mine.
Ar Hartman nras asked about Old,