The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-07-18
Some Interesting Testimony Was
Presented.
REFRESHER OF MEMORIES
L. P. Smith, an Old Timer. Testifiss to a
Somewhat Remarkable PROBES
sion-Larkin Was Do
meated.


timer in Butte, testified that he was
in the employ of the intervenor, and
that his duties consisted of refresh
ing the memories of the old timers
who were called to testify for the COM
plainant, George Gemmell, deputy
| clerk and recorder in 1898 and later en-
| ployed by the B. & M. as abstract
startling admission that he had re-
Gently returned from Salt Lake of his
| own accord and that at present he was
| working -four different jobs" and that
his duties consisted of working" his
friends. In an endeavor by Attorney
Evans to show by the witness how
and under what circumstances the lat
ter left the employ last year, of the
B. & M, some rather remarkable an
swers were drawn from the witness,
who was evidently trying to make it
appear that Mr.. Evans didn't know
what he was talking about.
John Kirschweng, a machinist, was
called by the intervenor to testify with
reference to a deed by which Larkin
and Mcnamara transferred certain in
terests in the Tom Payne mine to
Kirschweng and Reilly. Witness said
that he had never seen Larkn. Hence
it was moved by the plaintiff to
strike out his testimony. Lou p. Smith
was recalled and Mr.. Evans asked him
if he had not conversed with James
McGovern, a witness for the plaintiff,
a few days prior to the latter's- going
on the stand. This was objected to.
Witness said that he did meet Nc
Govern in front of Clark's bank and
that they talked about the Larkin
case.
What did he say?" witness was
asked
well, we had only brief CONVEX
sation. Some reference was made to
Larkin. l told McGovern that / un-
derstood he was to be a witness in
the case. He replied by saying that he
did not want to testify, giving as a
reason for his objection the fact that
his health for some time had been poor
and that he was incapable of giving
dates and facts with any great degree
of accuracy. He could not say when
Larkin went to the hospital and in
fact he intimated that he didn't know
much about the essential facts in Lar
kin's case
Are you acquainted with w. r. H.
Edwards, who testified for the plain
tiff"
Il have known him for 30 years"
Did you not converse with him after
he had been on the stand with refer
ence to Larkin's mental condition."
After an objection had been entered
witness replied that he did. He and
Edwards were standing in the door
way of the Butte hotel saloon.
What did he say?"
He spoke about being detained
here as a witness, and then / called
his attention to the fact that he did
not agree with me as to Larkin's men
tai condition. He told he, in reply,
that while he never considered Lar
kin crazy during the years of his ac-
quaintance with him, he did think that
the man was demented when he went
to the hospital
do you know William Furay, who
testified for the PLAINTIFF"
II do
Did you converse with him regard
ing the Larkin case before he went
on the stand?"
Yes, SIR
"Where?"
In the Butte hotel. With him from
Anaconda were Giles BrowneI, Mr..
Fisher Fred Boutin and Mr.. Miller.
Incidentally, the conversation drifted
to the Larkin case, and Furay said:
L don't know what in the world they
want me to testify for. I knew Larkin,
but didn't know anything about his
mental condition.
Cross-examined, witness said that he
was in the employ of the intervenor
in this case, but that he was not en-
gagged under any specific contract. He
said that he was not employed before
the intervenorS testimony in chief was
all in. His duty, he said, was to col
lect data and facts for the intervenor
and to talk to the old-timers and re-
fresh their memories. He admitted
that he had talked frequently with the
plaintiffs witnesses.
Did you not attempt to get them
to make contradictory statements?"
mo, SIR"
What was your duty?"
II was required to post our witnesses
as to what others have said and in va
rious ways"
You, have a retentive memory,
haven't you?"
"Oh, yes"
Whenever you saw one of our wit
nesses in time you usually made it a
point to refresh his memory, didn't
you?"
Not so.'' o.
What has been your compensation?
Il can't answer that, for l have no
specific contract with the intervenor."
What amount has been paid to
you?"
About 500 for expenses"
You expect to receive per diem,
do you not?"
Il do"
"Now, as to Edwards, you heard him
was sane. You also say that you heard
him say that he was demented-you
heard all of that and let it go at
that?"
Yes"
Did you not ask Furay and his COM
panions to go to the Butte saloon and
have a drink as soon as they came to
town and before they went on the wit
ness stand for the plaintiff?'
Il do not know; may be I asked
them"
Who paid for the drinks?"
Il paid for one round. Don't know
whether it was the first or second
round"
Asked as to the Larkin converse
ton, witness replied that he might
have preached the subject. He also
said that he had stayed around pretty
close to the court room all during the
examination of witnesses and that for
more than month he. had been a daily
visitor in the court room.
George Gemmell, a former deputy