Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-07-27
]. MacGinniS Gives His Story
Of the Agreement.
INTO BETWEEN
MeSSrS. HeinZe and Finlen in COnnec-
ti0n With the Minnie
Healey Mine.

The hearing Of the motion made by the
legal representatives Of Miles Finlen to
have the court enjoin F. A. Heinze from
working the Minnie Healey mine was re-
stunned before Judge Lindsay this morn
ing, with j. w. Carnahan on the witness
stand. Mr.. Carnahan is one of the book
keepers for the Montana Ore Purchasing
company. The object of his testimony
was to show the amount of money ex-
pended by Mr.. Heinze in the operation of
the property after he took charge Of it
on December %, of last year.
John MacGinnis testified that he rem
resented Mr.. Heinze in 1898, and as such
representative had dealings with Finlen.
On or about November q Finlen entered
the office of the Montana Ore Purchasing
company, he said, and asked to see Mr..
Heinze. At that time an agreement be-
tween Mr.. Heinze and Mr.. Finlen was
entered into in connection with the Min
ME Healey mine. 1t was verbal. A con
tract or agreement in writing had beer
drawn by Judge McHatton, but Mr.. Fin
len desired to make some changes in it.
The contents of that written instrument.
he said, We're the basis Of the verbal
agreement afterward entered into. Fol-
lowing this agreement witness said he,
as the agent for Mr.. Heinze, proceeded to
carry out the terms of the understanding
by taking charge of the property.
State what the agreement between Mr..
F1nlen and F. Augustus Heinze was"
said Mr.. Mediation.
Mr.. Ffnlen was to turn over to Mr..
Heinze the lease and bond he held on
the property. 1t was agreed that Mr..
Heinze should go down and take possess
sion of the property. 1t was agreed that
if Mr.. Heinze decided to take UP the
lease and bond he was to pay Mr.. Finlen
$54, 1000. of which $27, 900 was to be paid at
the end of the first year and $27, 900 at the
expiration of the second year. 1t was
agreed that Mr.. Heinze should commence
suit against the Boston & Montana COM
pany for the purpose of establishing the
ownership of the veins of another claim,
which were Thought to be in conflict with
those of the Minnie Healey. 1t was agreed
that his suit should be brought in the
name Of Finlen, and that John j. McHat-
ton, the attorney for Mr.. Heinze and
the M. O. P. Co, should handle it. 1t
was agreed on the part of Ffnlen- that
anything Mr.. Wfshon did would be all
right, as he was Finlen's agent"
Mr.. MacGinnis further stated that Mr..
Vision, as the agent for Mr.. Finlen, had
spoken about the responsibility of the
a roll, and he had asked Wishon what
he had been doing with it. Paying it
through Hennessy,' was the reply.
Wishon was then instructed to continue
paying it that way and submit the. bill
at the office of the Montana Ore Purchas-
ing company. Wishon had lone the pay
ing as requested, but failed to submit the
bill, although a demand upon him had
been made to do so.- All the accounts in
connection with the operation of The
property had been charged to F. Angus
tus Heinze and Arthur Heinze, or the
Minnie Healey operating department.
Finlen claimed, said the witness, to have
expended s54, 900 in attempting, under his
lease and bond, to make a mine out of
the Minnie Healey. In regard to the
working of the property Finlen had stat
ed that Mr.. Christian, chief engineer for
the Anaconda company, had examined