The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-04-04

should be accounted for, provided the
basis of his deductions was correct. but
he dld not Know that it was correct.
He assumed that all the copper product
on hand at the end of the period had
been sold at the average price of 171s
cents pound.
During the testimony of Fitzgerald,
F, A. Heinze had a seat near his attor-
neys and prompted them. He also wore
wide open smile throughout the direct
examination, and evidently got grea.
deal of amusement out of the proceed
ings. During the cross examination of
Mr.. Fitzgerald by Scalon, Mr.. Heinze
kept his eye on the witness. and some
times shook or nodded his head at him.
Mr.. Heinze, You are not testifying
now said Attorney Ransom Cooper,
and please do not shake your head at
the Witness
asked Governor Smith.
1T has been going on for some time"
replied Mr.. Cooper
Never mind" said Mr.. Scallon. 1t
does not help the witness any.
Mr.. Fitzgerald said he had been +.
the employ of Mr.. Heinze for number
of years, but was not in his employ at
present
You refer to the same Mr.. Heinze
who has been sitting with and consult
ing with the attorneys here during your
examinations" asked Mr.. Scallon.
Yes. but paid no attention to him, !"
replied the witness.
4 was not trying to show that you
We're influenced by anything he did; I
only want to know if you saw him con-
sultng with Mr. Corbett?'
Yes, sir
A. H Wethy, superintendent of the
Butte Reduction works. was the next
witness, and testified as to the running
prices of copper during the period from
April S, 1898. and Feb. %. 1899 He also
gave the average price. but on cross
examination by Mr.. Forbls said the
average was not exactly fair or correct,
because in order to arrive at an accur-
ate average it would be necessary to
take into account the total amount of
copper sold and the varying prices and
number of days in each month, which is
not done in striking an average of the
price for the whole period.
An affidavit of John McGinnis. in
which he said that he never received
any money or dividends from the New
York corporation, was introduced in ev-
idence.
1T is not claimed that the New York
company paid any dividends" said Mr..
Forbis. The New York company paid
it to the Montana company, and ne re-
ceived it from that company ard does
not deny it."
| Two affidavits by Thomas r. Kinds,
receiver, We're introduced in evidence
over the objections Of the defendant
attorneys. In one of the aftidavits the
| receiver. said he went to the Mountain
| View mine on Sunday and made de-
| mand for the mine, and was met by
| John Varker, William Grundey and
| two other men, were forcibly removed
him and placed him under arrest, and
took him to the sheriff's office In the
other affidavit Mr.. Kinds stated that on
| March 81 he made a demand of Frank
Klepetko and G.. M. Hyams for sur
render of all the properties, and they
did not comply with the demand.
| A. J. Werner testified that he &C
companied Mr.. Kinds to the Mountain
View mine and they were met by five
or six men who told Mr.. Kinds thai
/ they had orders not to permit him CT
the claim He told the men that he was
the receiver and exhibited the c0ult's
! order. At the sheriff's office Mr.. Hind
| asked that charge be placed agains
| him and his companions and that hi
! bond be fixed, but the sheriff allowed
| them to go. Werner said he was NC
armed, but the men who arrested then