The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-07-28

| - w lAtosGu dDOut L1e employment o
men, The men were paid through Hen
nessy's and we were to nav Fiulen bacl
| on one check. Demand was made on Fin
| len for bill of the amount but no bill
| was ever presented. The only interes
| finlen had in the Minnie Healey afte
| Dec. q, 1898, was a contingent interest IL
| being reimbursed the $4,000 that it wa,
claimed he had expended in operating tn,
| property. Finlen said to me that the Ana
| corda company did not care to take vi
| the fight against the Boston & Montana
! and when he learned that he gave US al
| order on Engineer Christian for all maps
| SO we might have the benefit of all work
| done by that company. The chief value
of the Minnie Healey al that time was
| believed by F'inlen to be on account of the
| apex question
On cross-examination, the witness stated
| that the reason they wanted the suit
| started in Finlen's name was becau:a the
| Heinzes and the Montana Ore Purchasing
company had so many cases in the courts
| that they thought that it would be good
| idea to start the suit in the name of an
other.
Just for variety?" asked Judge Dixon.
Yes, sir. 1t was for strategic reasons,
and it accomplished a good deal with a
man by the name of Batterman."
DO you consider il good faith for a man
which he is not interested"
"of course, every one dislikes to get into
litigation
John J. Mediation was the first wit
ness at the afternoon session of court
and testified that he was present at
meeting between Finlen and Heinze on
Nov. q, 1898.
MY recollection" said he lis that he
came to my office for the purpose of ex-
aiming that I "a cd
at the suggestion of Mr. MacGinniss,
Finlen said there was talk of his en-
pioying a lawyer and stated to me- Well
you go ahead as we agreed and protect
my interests l stated to him that | was
Heinze's attorney and would simply pre-
pare the contract as they had agreed
upon did not undertake to act as attor-
ney for Finlen in any manner. We went
to HeinZe's office and Finlen seemed dis
satisfied with the contract. They discussed
the matter for quite while. He made
some objection to the manner of the pay
ment of $4,000 and said that he wanted
Heinze as a party to the contract. as he
was the responsible party. The terms
were finally agreed upon and / remember
that Finlen stated that he wanted to turn
over all leases and agreements for what
ever interest he had and Heinze was to
pay him the money he was out on the
mine. Upon the point of the possession of
the mine, Mr.. Heinze stated that it would
be BILE to bring suit against the Bos-
ton & Montana people on account of some
ore understood to belong to the Minnie
Healey outside of its lines. Finlen agreed
that the suit should be brought in his
name, and said My shoulders are broad,
and l guess / can stand a suit with the
Boston & Montana 1t was agreed that
Mr.. Finlen should remain nomnally in
possession of the Minnie Healey until
after the suit was brought and until
Heinze should desire to take absolute con-
troll of the mine and go to work. He also
stated that he was going East and had a
number of things to attend to, and said:
You prepare the contract. When / re-
turn l will sign 1t. My word is as good
as my bond About the first of the fol-
lowing February l met Mr.. Finlen and
he asked me if l had prepared the con-
tract, and / said that l had been busy
and neglected it. He said, When you get
1t ready / want to see If it will suit me-
Later | met him near the Butte hotel and
he stated he had been at my office and
had left word for me that that matter
with reference to the Minnie Healey was
off. ] said~I was only" an attorney and
that he. of course, understood he could
not declare it off with me- / asked him
what the trouble was about, and he said
that Mr.. DAILY had advised him to go
ahead and sink 800 additional feet and
said that If he did not have the money
Mr. DAILY would put up 100000 to do the
work, and we would keep it ourselves "
After the attempt was made by O'Don-
nell and others to take possession of the
mine for Finlen, the witness stated he met
Mr.. Fnlen in Helena and was informed
by him that he (Finlen) was going to
take possession and that had he been
there he would have gotten possession.
He displayed a good deal of feeling"
said Judge Mediation. II stated to him
that We were entitled to the property and
would keep it,
On REORGANIZATION, the judge stated
that he was not Finlen's attorney in the
sense usually attached to that expression.
Mr.. Heinze was the real party in interest
and was to pay all expenses.
f, A. Heinze was next called to the wit
ness stand and said: II had several con-
with Mr.. Finlen about the
mine deal, which eliminated on Nov. 81
Or % in the conference at my office. We
discussed the draft of the agreement
which had been drawn. There were sew
aral things about it that Finlen did not
like, and it was modified to meet his
views The agreement covered the Dew
lin, Riley and the interest of the Airport
estate"
AS to the conditions the witness cor
roborated the testimony of others who
had preceded him, and generally as to the
of the mine when he took
charge. In speaking of Finlen acting as
plaintiff in the contemplated suit he said:
II felt it would be a source of strength
to me to have Mr.. Finlen, who is known
to be very close to Mr.. Daily, appear in
litigation against the Boston & Montana"
Continuing, Mr.. Heinze said: mo de-
mand has ever been made for repayment
Of the money expended by Finlen. When
l first arrived in Helena last winter Mr..
Flnlen and l were very cordial, but after
a while, as time passed on, he did not
speak to me any more"