The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-05-05

all they could to prevent the receiver
getting control of the property of the
defendant.
In overruling another objection. the
court said he would instruct the wit
ness that he need not say anything
that might incriminate himself. Mr.
Mediation thereupon suggested to the
court that Mr. Cooper did not come
within that rule, as he was not charged
with any offense
Mr.. Cooper said he did not recall that
he made such a statement as related by
Mr. Mediation.
Thomas r. Kinds was next called
and testified that at the time he was
appointed receiver Joseph H. Vivian
was chief clerk of the Boston & Mon
tana company and was in charge of it's
general office in Butte. The witness
went to the office on the 18th of last
December, the day of his appointment
as receiver, and demanded possession
of the office. Mr. Vivian told him he
was not prepared to say what he would
do and asked Kinds to return later,
which he did, and Mr.. Vivian then told
him he could not turn the office over
to him. The witness thereupon made
an affidavit reciting the facts and had
them cited into court to show cause.
Mr.. Kinds saw Mr. Vivian again on the
18th of last March and again made
demand on him for possession and he
was referred to G. NJ. Hyams, the gem
eral manager. The latter was in the
office and Kinds made a demand on him
for possession and Hyams replied that
he could not give it at that time. Kinds
then asked Vivian again If he would
turn the Office over and Vivian replied
that Hyams was the general manager.
The witness said that on the same date
he made demand on c. r. Davis, who,
as foreman, was in charge of the Leon
ard mine. He also made an attempt to
get into the buildings at the Pennsyl-
vania mine and found the doors barred.
He subsequently served notices of his
appointment as receiver and demand
ing possession of the properties on Cen
eral Manager Hyams, General Superin
tendent Klepetko, Attorney l.. o. Evans
and others. Mr.. Mediation made a de-
mand on the defendants to produce the
original notices and also asked per-
mission to withdraw Mr.. Kinds from
the witness stand and examine some
Of the defendants. Mr.. Scallon object
ed to producing any of the papers
without being given the requisite notice
provided by law, and as to putting the
defendants on the witness stand he
said that matter would be met when
an attempt was made to examine them.
Mr.. Mediation said he was satisfied
with the position taken by the defense
and would therefore offer in evidence
a copy of the notices referred to and
it was admitted over the objection of
the defendants counsel. Mr.. Kinds
testified that he visited all the mines
one Sunday and found the properties
barricaded and men, armed with pick
handles, on guard He saw none of the
defendants. or respondents, on that day.
Even after he had been told to take
possession of the properties he did not
get all of the mines before he was GUST
ed again from control of the company.
Mr. Mediation put J. H. Vivian, one
of the defendants, on the witness stand
and an objection was made on the
ground that defendant could not be
compelled to testify against himself and
the arguments on the question took up
the remainder of the days session. The
judge said he would decide the matter
this morning.