Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-04-18
HEARING THE
EVIDENCE
Question as TO the SOundneSS
of Mind
OF THE LATE DOC" LARKN
Upon 1t Hinges Title to Some interests
in Valuable Mining
Claims.
OF THE LATE DOC" LARKIN

Judge Henry n. Blake, master in chan-
Gerry. yesterday afternoon began taking
testimony to decide whether or not ames
better known as Doc" Larkin, was OF
unsound mind when he executed a deed
for some interests in the Snohomish and
Tramway properties to the Butte Il Bos-
ton company some years ago.
The suit was originally brought by the
Butte & Boston compan against J. F.
Forbis as executor of the estate of the
late William Mcnamara, who was Jointly
interested in the Snohomish for a partl-
ton of the property. Following this came
| another suit in which r.. j. Watson, the
guardian of Doc Larkin who was then
| confined at Warm Springs, interviewed.
After Larkin's death which took place
! August, 1898. F. Aug. Heinze was appoint
ed administrator of the estate. Mr..
Heinze had purchased McNamara's in
terest in the Snohomish. Some time later
! Clara Larkin, a daughter of James Lar
kin, arrived in Butte from California and
A. suit was filed in intervention setting
forth that Larkin, at the time ne sold
his interests to the Butte & Boston was
mentally incapable of transacting bust
ness.
Mrs. HoSSe was the llISl WlllcSS. 7lIC
said she was at present living in BidWell.
Cal. and was James Larkin's second
wife. Clara Larkin was the daughter OF
her former husband by his first wife.
Witness said that she and James Larkln,
in 1875. were residing at Placerville, in
Boise basin, Idaho. Suddenly, without
any cause. during that year her husband
, deserted her. In 1877 she obtained a legal
separation from him. Asked about Lar
kin's mental condition, she said he al
ways acted queer.
Michael O'Connor testified that he had
known Larkin for a good many years. In
1898 Larkin engaged him to dig up a lot
in South Butte which he claimed that a
man named Fitz had buried $40, 600. He
worked about three weeks, spading up
the lot and sinking a shaft and worked
about an equal part of the time at each
job. Larkin took witness to r. j.. Wat
son to get his money for his work. He
did not know where the money came
from with which he was paid, and could
not say whether it came from the money
derived from the sale of the Snohomish
and Tramway claims or not. He did not
| care where the money came from, so long
as he got what was due him. He first
noticed that Larkin was getting bad tenn
| pered in 1891, or Whereabouts. He did not
begin to suspect that Larkin was out of
his mind until 1887 or 1888. He thought
! Ut w uS So iiooSh AZ i'N 90 '~'
ing the lot dug over, looking for money.
The witness was asked by Mr.. Forbis
what particular reason he had for think
ing Larkin insane, and he replied that
the dead man had a way of insulting peo-
pie in the street.
Michael Kennedy said he had known
Larkin since 1888. Some days witness
would meet Larkin and speak to him,
and Larkin would apparently not recoS-
nize him. Other days Larkin would come
up to witness in the street and enter INTO
conversation. Larkin had a habit of
abusing people. He did not think Lar
kin was very sane from 1890 to 1898 or
thereabouts, and did not think he was
competent to enter into contracts at that
time.
Witness could not say whether Larkin
had been drinking heavily just before he
was sent to the asylum.
what was the common opinion OF
those who met Larkin as to his mental
condition." asked Attorney Leonard.
THE common opinion was that he was
off" replied the witness.
what do you mean by off
"Well, that he was not all there
Timothy 3. Sullivan said he first met
Larkin in the fall of 1881. He would not
converse with Larkin of late years if he
could avoid doing so. The reason for
this was that Larkin's associates said
he was off. Sometimes, however, Lar
kin would recognize the witness when
they met, but at other times he would
not. In 1892 or 1893 witness came up from
the race track one day in a hack in which
Larkin was also an occupant. Larkln
got to talking about James Tuohy, and
said that Tuohy had buried $50, GOO in a
sand bank. This talk made witness think
Larkin was off. The witness also said
that there was a shooting scrape in Ger
man gulch in 1885, and a German miner
was shot and killed. 1t was generally
known. said the witness, that Larkin
killed the German, though Tom Ford was
tried for it.
r. J. Watson was the first witness ex-
amined at tOday's session. He enumer-
ated the various mining enterprises in
which Larkin was interested. He had
frequently heard Larkin speak of his
interests. In 1890 he noticed that Lar
kin's mind was failing, and considered
him incapable of transacting any buSl-
ness; witness denied being the agent of
Larkin, but admitted having paid out
some money at the request of Larkin.
Witness frequently gave Larkin money,
but Lafkin never wrote an order on wit
ness. Knew nothing about some claims
belonging to Larkin in Beaverhead
county. At one time Larkin had $4,000
deposited with the Butte Hardware COM
pany; sometimes less. Witness was re-
uuested to look up accounts and refresh
his memory and cross-examination of
witness was suspended until he could do
Witness was excused until 2 o'clock,
when the books were produced.
Levi Prentice said he resided on South
Main street, and had resided in Butte
since 1864; knew James Larkin in his
lifetime; knew Larkin first in 1869 or 1870;
was intimately acquainted with him;
| from 1890 until the time he was sent to
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