The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-07-15
TO NO CREDIT
Principal Witness In the Wines
Booth Case Scored.
CONFESSED TO PERJURY
Attorneys for the Defense Make No Ar
guments but File q Brief sferes
Campbell VIII Make Findings
OF Law and Fact.

4LC Atyo " oONA
the respondents in the disbarment
proceedings against Attorneys M J..
Wines and E. 8. Booth have conclud-
ed to make no arguments before Ref
cree A. ]. Campbell. but yesterday the
respondents attorneys. William Seal
lon, John w. Cotter n Frank +.
Corbett, submitted to the referee the
following brief:
''The defendants respectfully sub
NIT the following points for the consid-
GRAFTON of the referee: The principal
witnesses for the state, viz, James w.
Bacher, Ada Bacher. his wife. and Eva
Smith, are entitled to no credit what
ever. Without the testimony of these
witnesses the case cannot be sus-
taIned. Not only is the general char
acter of these witnesses bad, but II
they are to be believed, ]. w. Bacher
and Eva Smith were themselves guilty
of perjury. and the Bachers also guilty
of subornation of perjury.
The case presents this remarkable
aspect: That the witnesses for the
state must first be held and believed
to have been guilty of perjury before
their testimony can be believed at all
they must first convict themselves OF
the crime in order to convict the de-
PENDANTS. They are ~self-confessed per-
jurers; the testimony which they give
against the defendants destroys their
own credibility. yet unless these peo-
pie be believed and be believed to be
perjurers the case must fall.
Their story is a fabricated one. This
is clearly shown by the following facts,
culled from many others leading to the
same conclusion: Bacher testified pos
itively that the name of Ed Laney was
a fictitious one, and that IL had been
selected by himself and the respond
ents on the eve of his departure for
Seattle, viz, Oct. q, and after several
names nae been written on slips of
paper and considered. He also testi-
fies positively that at that same inter
view a duplicate Of the interrogatories
to be submitted to the person giving
the deposition were placed in his
hands and the answers thereto dis
| cussed and memoranda of the answers
to be given written on this.
THE records of the court show that
| the name of Ed Laney had been writ
ten and mentioned in the notice to take
deposition, filed on the 21st day of Oc-
tober, 1897. six days before hat on
which the name is said by Bacher 10
have been selected. Bart Shea. the
bailiff of the court. testified that as
early as the 10Th the name of Ed Lansy
was mentioned in open court.
THE very paper containing the In
te%rrogatories referred to by Bacher,
| also contained the name of Ed Laney
in typewrtting, and beng a duplicate
or manifold cop of the interrogation
les filed in court necessarily Contained
| the name of Ed Laney.
Again, Bacher swore that the re-
spondent Wines had given him $50 in
cash, and also gave a verbal order on
Eva Smith for SIS: yet both he and his
wife admit that they were paying the
expenses of the lawsuit n paying
the fees of Booth and Wines. Nay.
Bacher stated that he left $50 with his
wife to be paid to Wines and Booth
while he vas away. and his wife states
thai she paid $50 to them on Nov. 3.
during the absence of Bacher. A sin
gular story. He gets $50 from the at
torneys. according to his statement, TO
nav his expenses, yet he leaves $50 with
his wife to be paid back to them on
their fees. and when asked where he
got the $50 hat he left with his wife
for the respondents he refers to money
of his own and to an income of his.
"Bacher swears positively that he
had a conversation with the respondent
Booth as well as with the respondent
Vines on Tuesday. the 26th of Oc-
/ IODeT. LII lldN hc
day for at least three days before the
2sth. Now, the evidence Is positive
that Booth was in Helena on the 18th,
at the time of the alleged interview on
conversation with Bacher Bacher fur
Their swears hat these interviews took
place between 4 and s o'clock in the
evening. Booth returned from Helena
on the 9th and did not arrive until IL
o'clock in the evening.
"Bacher claims to W had a cipher
with Booth. to be used in a letter IL
be addressed to him at Seattle under
the name of Ed Laney, to inform him
of the brand of the revolver supposed
to have been used by Hawkins-cer-
tain words for Smith & Wesson, GER
tain other words for Colt; that Booth
was to ascertain the make of the re-
volver and write Bacher accordingly
He also claims to have received such q
letter from Mr.. Booth, addressed to Ed
Laney, in which 1t was stated that the
revolver was a Smith & Wesson. and
Bacher testified to that make in his
deposition; yet there was no Smith q
wesson revolver and no Colt revolver
In the case-neither the revolver pro
duced on the part of the defendant.
was a Smith & Wesson or a Colt. Car
II be supposed that II Mr.. Booth had
agreed to examine or had actually ex'
min the r%evolvers to ascertain theil
makes. and had written, especially II
cipher, that he would have spoken 81
a Smith e. wesson when there was M
such revolver connected with the case
~ - shtz ftnna -