The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-04-06
Tits WITH ATTORNEYS
John MacGinnis on the Stand
Nearly ALI Day.
HE MADE THINGS LIVELY
The Hearing on the Motion to Discharge
the Receiver Was Concluded-The
Matter Will Go to Judge
Clancy This Morning.

The hearing of the motion to dis
charge the receiver of the Boston &
Montana company was concluded yes
terday and the matter will probably be
submitted to Judge Clancy this MORE
ing for decision. The attornaTs fer
the Boston & Montana company re-
newed their offer to consent to judg-
ment in favor Of the plaintiffs for
everything they could obtain on final
hearing of the case but the attorneys
on the other side not only declined to
consider the offer, but objected to it
being made or offered in evidence and
were sustained by the court
The proceedings yesterday were I'M
usually interesting. John MacGinnis,
one of the plaintiffs and an officer of
the Montana Ore Purchasing company.
was on the witness stand nearly all
day and made things lively and inter-
esting by his methods of answering
questions, his arguments to the court
and his tilts with the attorneys. He
was hard to handle and succeeded in
getting into the evidence about every
thing he knew or wanted to get in ex-
cept what the other side wished to
know.
William Muth, the Helena book keep
er, was on the stand again yesterday
morning and said it would take him at
least several weeks to go through the
Boston & Montana books, and the
plaintiffs attorneys did not ask the
court to give them that much time.
John MacGinnis, one of the plaintiffs
and an officer of the Montana Ore Pur-
chasing company, was called to the wit
ness stand, and for several hours gave
instructions in bookkeeping and ac-
counting, and told how all the big min
ing companies in "Maun- tah-nah'' did
the business, or should do it. He told
the court that according to the state
ments furnished by the. Boston & Mon
tana company, there was an unneces-
sary and exces cost in the produc-
ton of the copper produced during the
101A months that the New York COM
pany had possession of the properties
of SO, 141, TAO, which amount of money was
unaccounted for. On it's first-class ore
the cost of production was nearly five
and one-half cents in excess of the cost
of what it would have been under good
management. or total of $1,221. 500 in
excess on that class of ore. The eX-
cess cost on the second-class ore was
nearly four cents a pound, or total of
| 81, 920, 240.
MacGinnis made statements and then
| followed them with arguments to back
I them UP.
81 would like to call your attention
| to the fact that you are witness and
not counsel" said Mr.. Forbis finally
| interrupting him.
Il beg your pardon Mr.. Forbis. I
| don't want to give any hearsay testi-
| mony."
I'VE don't want any arguments from
| you, either,'' said Mr.. Forbis.
MacGinnis said the statements fur
| nished by the defendants were neither
| accurate nor complete. He said he
| based his testimony on personal eXpe-
| rience in the management and opera
| ton of mining companies and seeing
| the operations of other companies
The witness again started in on an
| elaborate argument, but his own coun-
| sci headed him off.
Lets stop this argument and give us
some information said Mr.. Forbis, af-
| ter MacGinnis had resorted to his
| weakness in reply to the first question
| asked him on cross-eXamination. He
| was asked what was the average cost
| price to the Montana Ore Purchasing
| company on copper laid down in New
| York
MacGinnis couldn't or wouldn't say
| He said he would have to get data from
! the office.
What is the cost as a rule?"
| 1T varies so largely that you can
| not use rule
yet you laid down rule for the
Boston & Montana company"
| The witness said he had to do that
| because the company did not furnish
correct basis for his calculation.
by an act of omission you have COM
| mitted an act of commission" said the
l r,,s. L.
| ing down a rule for the defendant.
| Thank you,'' said Mr.. Forbis It'll
have you entered as counsel here in a
minute
MacGinnis made another argument
| and also gave an opinion on the law
| of The case.
Il move to strike out the answer of
| the witness as invading the province OF
the court and being impertinent," said
| Mr.. Scallon.
| The court ordered the answer stricken
| out and then Mr.. Forbis asked the wit
| ness if in another suit in court he had
not testified contrary to the testimony
| he had just given relative to certain
calculations to arrive at the value of
ores.
An objection to the question was sus-
| tanned, and another question was OBJ
| jected to on the ground that it was
hearsay.
He seemed to have been very anx-
ious to testify from hearsay," said Mr.
| Cooper.
His anxiety does not alter the cor
| rectness of it." said Mr.. Corbett.
| MacGinnis was asked to state what
| certain facts were shown by the de-
| PENDANTS financial statements, and
| Governor Smith raised a laugh at his
| expense by objecting on the ground that
| the statement itself was the best evil
| dence.
! Then we move to strike out all the
| testimony offered during the past three
| days and let the statements show fer
| themselves" said Mr.. Scallon, and ev-
erybody laughed and the governor did
| press his objection. He got in a word
or two a few minutes later however,
| when he asked Mr. Forbis not to argue
| with the witness.
THE witness has been arguing with
me long enough" replied Mr.. FOrbiS.