The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-04-05
IT'S BLOOD THEY Want
The Heinze People Would Not
Accept Settlement.
FAIR TERMS ARE OFFERED
BY the Boston g. Montana People, but
Impossible Conditions Were De-
manded-The Hearing
Continued.

At the hearing of the motion to dis
charge the receiver in the Boston &
Montana case yesterday, several propo-
sitions were submitted by the attorneys
for the company which would have
speedily settled the receivership mat
ter if they had been accepted The at
torneys for the Heinze people, just be-
fore the adjournment of court, made a
| move which had for its object con-
tinuance of the further hearing of the
motion for several weeks, and Mr.. For
bis, one Of the attorneys for the Bos-
ton & Montana company, offered to con-
| sent that the injunction to prevent
| transfer of the property to the New
| York company might be made per-
petual; that the court might make any
order deemed necessary to complete a
reconveyance to the Montana company
| to the satisfaction of the attorneys for
the plaintiff, and that a referee might
| be appointed by the court to take an
| absolute accounting between the two
| companies w
The attorneys for the plaintiffs said
! they would agree to the proposition pro-
viding Receiver Kinds was given pos
| SeoSIoL Ol Tie properties peuulilso Tie
| accounting, which, of course, the Boston
| & Montana attorneys would not con-
| slider for a moment, and Mr.. Forbis
| said in answer to the proposition of the
| plaintiff: Everything has been offered
| that is fair, but it is blood they want"
E. L. Mahoney, A. l.. Slater, jerry
Sullivan and James B. Halford We're
| on the witness stand yesterday morn
| ing and testified about being with Re-
| ceiver Kinds when he made demand
| on some of the men in charge of the
mines for possession and was refused.
| They said the properties were barri-
| caded and men were around armed
| with clubs.
| Thomas r. Kinds, the receiver, testi-
| fed concerning his various attempts
| to get possession of the properties. TIe
| said that last Saturday afternoon he
| went to the office Of Judge De Witt to
| look for G. M. Hyams. A young man
| told him that he did not think Hyams
| was in.
| II told him l knew he was in" said
| Mr.. Kinds, land then he said he would
| go in and ascertain whether Hyams
| was in, but / told him I would do that
myself. I pushed him aside and walk
| ed into the inner office, where found
| Mr.. Hyams I served him with an
| order of the court and a notice to turn
the property over to me, and then left"
| On Characterization by Mr.. Forbis
the witness said he mailed notices to
all the parties interested to turn the
property over to him. The notices were
mailed by Carlos Warfield.
who is Carlos Warfield?' Ar.
| "Carlos Warfield," was the witness
reply.
| The notices were prepared in the office
| of Attorney F. E. Corbett.
I'm the office of one of the attorneys
of the Montana Ore Purchasing com
| pany?' '.@....... sM.
Il am advised that he is an attor
ney for the company"
"Who paid the postage on the no.
| tices?"
Il don't know We had the stamps
| there
| who are 'we?'"
Myself. Mr.. Corbett and Mr.. Mac
| Ginnis.''
"Who paid for the stamps?"
Il know I didn't"
Mr. Kinds was asked if he was in
| the employ of the Montana Ore Pur-
| chasing company, and he said he was
not
Have you not been assisting Mr.
| Heinze in certain matters in Helena ?"
| An objection was made to the OUTS
| ton as being immaterial. Judge Clancy
| said it might be material, as MacGin
| mis-, one of the plaintiffs was a part
| ner of Heinze.
IT think your honor is mistaken about
Heinze and MacGinnis being partners, y
| said Judge Mediation.
"Well, they are stockholders in the
| Montana Ore Purchasing company and
| are running mates.' said the court.
| Judge Mediation asked that the ma
ture of the business in which Kinds
| was alleged to have assisted Henze
| be stated in the question.
"All right" said Mr.. Forbis. Il will
ask you, Mr.. Kinds, If you were not in
Helena all last winter assisting Mr..
Heinze in an effort to defeat house
| bills 1872 and 1912"
| Governor Robert B. Smith made a
remark about being overlooked, and
| Mr.. Forbis amended his question.
"And the governor, Also I will add?'
| he said.
The witness denied that he had as
| sisted Mr.. Heinze in lobbying against
| the bills.
An objection was again made to the
| testimony and was sustained by the
| court Mr. Corbett then asked TO have
| the answer of the witness stricken out
About his lobbying over Thereof
| asked the court. "All right, we d3llt
want to get the records Ct the iegssia-
| ture into this case"
On further cross-examination the wit
| ness said that his attorneys as receiver
were w. Y. Pemberton and J. 3. Nc
| CIernan, but he admitted that i:e lsu-
| ally consulted the attorneys Of the Men
tana Ore Purchasing company. lie
| stated that he was not in court ut the
| time he was appointed receiver ard cid
not know of his appointment until in
formed of it short time after The ap-
| pointment had been made. lie i'll lot
| know in advance that he was to lie
| appointed.
| r. A. Carnochan. an accountant of
| the Montana Ore Purchasing company.
| was put on the stand for the purpose of
| crticsing the system of bookkeeping
and accounts of the Boston & Montana
| company He had a beautiful line of
| testimony mapped out and rattlsd it
off from prepared figures, without a
hitch until he bumped against the
cross-examination of Mr.. Scallon, and
| then he got badly tangled up and gave
equivocal answers and gave the i'm
| preston that there was something
rather defective in his own system of
| bookkeeping.
| William N3,,th "a Helena an exDert