Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-09-07
A WARM NUMBER
Is What the Bullion Case Is
Proving Itself.
MAYER IS GUARDED
In His Testimony Regarding Boyd or
BOyle-Many% Objections
Raised.

tn safe against John Boyd. charged
with having taken some bullion belong
ing % lhs BI-Metalic Mining company
Of Granite county. was resumed in jas
tice Ntchois court this morning.
TIE first matter considered III connee-
ton with the Ease was the proposition az
TO whether Mr.. Mayer. the West Park
street ssayer. could Dc compelled 70 give
testimony against himself, Nj. Mayer
Is not the defendant in this particular
action. but there is a charge o. having
bought ths bullion from Boyd pending
against him and for this reason the at
toruey objected % him giving testimony
at the hearing. The obstruction was en-
presentation # the states side yesterday
and i resulted in 4 temporary suspen-
sion Of the proceedings.
When he battle was re-opened this
morning. L. .. Evans, who IS assisting
the prosecution, presented authorities
calculated 70 demonstrate that testimony
from Mr.. Mayer would be permissible
under conditions considered liberal, III
Mr.. Kirk plunged deeper into the sub
.CNt' u AI4eAIAlslIlicO lli1l Willie Mayer
might be compelled to testify, his testi-
mony could not be used against him at
his own hearing. which had been set 10
follow the Boyd investigation. He read
a clause of the federal constitutional
provision governing such cases and ex-
pressed his own views in the matter.
Among other things he said that While
Mayer might say something having a
tendency to incriminate himself and the
prosecution would take it up directly
and use it against him, it might place the
attorney in possession of informal
ton that could be framed into permissi-
BILE presentation.
While Mr.. Kirk was placing the matter
before the court. Mr.. Evans remarked
that at the hearing of the contempt pro-
ceedings brought against the attorneys
and Others engaged in the suit of John
and other against the Boston
and Montana company. Judge Clancy
had held that the defendants should give
testimony.
That was a civil case" remarked Mr..
Wines, while this is a criminal matter"
I believe contempt of court is eonsid-
cred criminal,' said Mr.. Evans.
Yes, but it is not in this Glass; an
swered Mr.. Wines.
In presenting the states side of the
proposition Mr.. Connolly excused his al
lack of enthusiasm by stating
he had attended the Press associa-
ton banquet last evening and did not
believe he had destroyed his share of
champagne. He took a different view of
the Interpretation of the statute gov
erning a mans constitutional rights in
a criminal proceeding, adding that the
decision of Judge Clancy IN the Boston
and Montana case was greater than those
rendered by courts in other states. He
followed this With the assertion that he
had evidence enough to convict Mayer
of the offence With which he was charged.
At the conclusion of the the
justice decided that Mr.. Mayer would
to testify. Mayer was then consult
ed by his attorney, after which he began
his testimony. He said he had seen the
bullion in his office about a week or ten
days ago.
In whose possession was ito' asked
Mr.. Connolly.
had it in the office"
How long had you had it,
It came in On Friday, but l do not
know whether il was one or two weeks
ago. / was arrested on Augus 20
Who placed it in your possession?"
I do not now"
How did you first learn of its presence
there?'
"When I came to the office the jeweler
told me-
We'll, never mind what the jeweler
said.' interrupted Mr.. Wines.
Il arrived at the office about 9 o'clock
that Friday morning. but did not see Mr..
Boyd there. l saw him about II o'clock.
The bullion | found at the office was
crude and l melted it into bars on the
following day. | had it in the office all
day
why did you melt it into bars?'
Objected to by Mr.. Wines on the ground
that the question was wholly incompe-
tent. NJ objection was withdrawn.
"Bullion Of that description has to be
melted into bars so a correct assay OF 1t
can be made" continued Mr.. Mayer.
Wa it your b%ullion?'
No. sir: it was not
BY whose instruction did you melt it,"
At the request of the attorneys for the
defense the witness was instructed by the
court that he need not answer any ques-
tons that would tend to incriminate him.
self.
II refuse to answer that, as it may
show a tendency to incriminate myself"
answered Mr.. Mayer.
state whether you turned his crude
bullion into bars in you capacity as an
assayer.'
81 did. sir
Il will again ask you by whose author
ity you did it?'
You are entitled to your privilege"
said Mr.. Kirk. addressing the witness.
Il had no authority" replied the wit
hess.
do you mean to state that YOU trans
ferred that bullion from the crude state
to the bars without having had authority
to do it,"
Il had no particular authority to work
at it, but I had some authority"
From whom was that authority re-
ceived?"
'"There was an advance of 5000 made.
This answer has been forced from me-"
The answer was ordered stricken frona