The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-05-27
! SENSATION is SPRUNG
Clara Larkin's interests Were
Conveyed to Heinze.
COPY OF THE CONTRACT
Was Introduced in Evidences Yesterday
1t Now Appears That She Is Not
Party to the Present
Action at All.

The intervenors in the Larkin case
| were shaken to the foundation yester-
day by the introduction in evidence of a
copy OF the contract whereby Clara
| Larkin agreed to convey all her inter
| ests in and to all property, real and per-
| sonal, which James Larkin or his
| guardian 'now has or hereafter may
| nave or die possessed Of" This contract
was entered into between Clara Larkin
and J. J. Mediation on the 4th of April.
| 1898 Later Mediation assigned all of
his interests in the contract to A. P.
| Heinze
For weeks and weeks the Henze in
terests appearing in the Larkin matter
have sought to convey the impression
| that Clara Larkin, the only child of
James Larkin, was being defrauded out
of whole lot of money and that she
was entitled to a world of sympathy.
The young woman has been in attend
ance almost daily al the hearings. Yes
terday's turn of affairs would make it
appear that Miss Larkn is not party
| to the action at all. The substance of
| the agreement is that for a considera-
| terests in and to all the property, real
| and personal, which James Larkin or
| his guardian now have or may here
| after have or die possessed of, or which
| Clara Larkin may inherit at the time
| OF Lark1ns death, and particularly such
| rights as said Larkin may have in the
Snohomish and Tramway mining
| claims. The party of the first part
| tClara Larkin) agrees to aid in any
| suits that may be instituted for the
| purpose of establishing Larkin's title in
| the above named claims and to attend
and testify whenever necessary in any
| such action, provided the party of the
second part LMcHatton) defrays her ex-
penseS'
The party of the first part further
agrees to pay cne-half of all necessary
expenses of any suits necessary to es-
tablish the insanity of Larkn at the
time he delivered the deed for the said
claims, the amount of said contribution
for expenses not to exceed in all 81, 500.
The total consideration for the convey
ance of said property named is $4,000
from which sum the contribution of the
party of the first part for litigation is to
be Subtracted."
The contract was executed in Lake
county, Oregon on April 4, 1898. in the
presence of George H. Ayres and A. NJ
Gallon and acknowledged by Clara
Larkin before j. Frank, a notary pub
lie.
Another paper was introduced show
ing the assignment by Mediation in the
contract just discovered to A. P
Heinze. This assignment was acknowl-
edged June 3, 1898, before H. Loundes
Maurey. a notary public in this city
Attorney William Scallon was the
first witness yesterday. Said he: Il
have resided in Butte since the fall of
1884 l first became acquainted with
IN in h,,-i
ness for him as attorney. In 1891 and
1892 l did business for him. This was
with reference to legal matters and
court business. l had also done some
business for him in 1893 and as late as
1894"
Attorney Evans submitted certified
copies of records of actions in the dis
trict court in 1892 and 1888 in which
Larkin was party to the actions. At
torney Mediation objected to their in
production on the ground that the wit
ness was incompetent to identify them,
inasmuch as he had already stated that
he was attorney for Lar1n in those &C
tons and on the further ground that
the copies Of the records are not COM
petent evidence. ..
Witness was asked as to the identity
of the papers and who prepared the
original copies thereof. All similar
questions were objected to by McHat-
ton on the ground that the witness as
attorney in the cases should not be per-
United to disclose any of his actions in
the premises. In answering question
as to what happened in open court in
the case of Lehigh VS.. Larkin and
others in 1893, the witness said he
thought he could answer the objected
question without violating a profess
sional duty and disclosing anything
that he should not disclose: and then
he continued to state what occurred in
the open court with reference to the
case in general way. His recollec-
ton was that the case had since been
settled by agreement, about January,
1894
During the time you acted as Lar
kin's attorney did he consult you with
reference to these actions?''
He did,
Did you meet Larkin as friend
during the years from 1891 to 1892"
Frequently
When asked where he met him. and
ne answered that often in McGovern's
saloon, Judge Blake smiled because
McGovern's saloon had come to be al
most permanent headquarters for Lar
kin, according to the testimony of $50
witnesses.
Mediation objected to the question as
to Larkin's mental condition. Also OBJ
jected to opposing counsels statement,
and moved to strike it out.
Mr.. Scallon answered: II would saw
that l thought then that he was sane.
The first time l observed any indica-
tons of insanity was in the first part
of 1884,
What is your opinion as to Larkin's
ability to transact business in 1892 and
the early part of 1892
$50 far as l can answer the question
1t is partly responsive to the answer to
the previous question. I regarded him
as a man of average intelligence"