The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-07-29
TESTIMONY IS ALL IN
The Minnie Healey Injunction
Case Concluded.
FINLEN ON THE STAND
Considerable Spics Put Into the Pro-
ceedings-Flat Contradictions Elk
changed = Plaintiffs Will
File a Brief.

court room yesterday afternoon after
another day of interesting testimony.
Miles Ffnen, the plaintiff, and F. Aug.
Heinze, the defendant, and his attor-
ney. John ]. Mediation, were on the
witness stand yesterday and their tes-
timony put considerable spice into the
proceedings. The two latter contra
dicted the former, and during Mr.. Fin
lens cross examination considerable
feeling was manifested. At the con-
clusion of the testimony and argu-
ments the case was adjourned until
next Tuesday to give the plaintiffs
attorney time to file a brief, which will
be answered by the defendant.
F. A. Heinze was on the witness
stand yesterday morning when the
hearing was resumed and was cross
examined by Judge Dixon. The witt
ness was asked whether he knew the
Johnstown Mining company, and he re-
piled that he did. and stated that be
sustained friendly relations with the
concern, and that it's officers would
probably be guided by his advice. Il
think perhaps, I could get the Johns
town company to do anything that
wanted DONE" he said.
"You say that under the contract
nominal possession Of the Minnie Hea-
ley was given to Finlen?"
Yes
What do you mean by nominal pos
session."
well, if anyone inquired into the
matter, whose business it was not, as
to who was operating the mine, the
general impression and information
which should be given out was that
| Finen was operating II"
THAT is possession OF man who
was apparently in possession, but really
| is not?"
Practically So possession that
depended on some other party as to It's
continuance. Finlen was to have pos
| session, but that possession was not 10
be good against u.s."
What was the object of that?"
I'VE had a great deal of litigation and
Mr.. Daily was in some matters acting
| in sympathy with us and we felt 1t
would be good move for the manage
| ment to have Finlen actively and ag-
| excessively taking stand against them,
because they would assume that it was
| DAILY"
THE whole object of this nominal
possession by Mr.. Flnlen, and his pay
| ing the men, was for the purpose OF
| bringing this suit?"
Il should say practically so, though
| the way the suit was terminated it did
not accomplish what We desired"
You consider Mr. Finlen now in the
nominal possession of the mine?'
| Il think not"
When did his nominal possession
cease?"
II don't think / can say"
| Has it ceased yet?'
Yes, the conditions with reference to
| the appearance of possession ceased
| about Feb. 81, 1897
| "Outside of the expenses of opera
ton, you didn't undertake at the time
the contract was made that you speak
| about to bind yourself to pay anybody
| anything unless you took up the bond?
mo, sir, think not"
IF the thing proved a success you
were to deduct the operating ex-
penses?"
Il had no arrangement with Finlen
regarding the proceeds of the property.
l was to step into his shoes as far as
| the lease and bond was concerned. Fin
len practically considered his $4,000 a
dead loss and here was an opportunity
| for him to get that much back which
he considered gone. He was not going
to spend any more money on the prop
erty."
| lone of your objects in securing this
property was to determine whether the
B. & NJ. was not infringing on the Min
ME Healey?"
| Yes"
And the other was to prospect, mine
1
Yes. / have spent over a million
dollars during the past is months In
exploiting and developing properties In
| Butte which formerly were not known
to possess any mineral value what
ever"
An objection was sustained to the
| witness answering what sum OF money
| he had taken out of the ground since
| taking charge of the mine and as tc
| whether he had taken more out OF II
than he had expended.
That closed the case for the defense
and Miles F'inlen was called to the
stand to testify in rebuttal. In answer
to a number of questions he said
Il remember calling at McHatton's
office on Nov. 81, 1898. The occasion o.
1t was that met Heinze about $3.50 anc
| / went there at his request. l was
going East that night and so was
Heinze. MIR. Mediation had document
drawn up. He read It over to me anG
| wanted me to sign it. l told him
couldn't sign it at all. He stated Mac
Ginnis gave him the notes for 1t. Their
we went up stairs to the Montana Ore
Purchasing eompany's office. / tolo
them that l wouldn't sign 1t or any
thing until such time as would show
il to Scallon. We talked about 1T ano
came to no conclusion. They said
You are going away tonight and we
want to bring a suit and shut the Leon
ard shaft down. and told them to &C
ahead and bring the suit, but l said
would sign no papers until such time as
I returned and Mr., Scallon had exam
ined them"
"In this conversation of Nov. p what
contract was agreed upon and entered
into with reference to the Minnie Hea'
ley beyond your agreeing to allow then
TO bring this sut?" the witness Wa:
| asked.
II agreed to let them fetch the suit
| | had done some development work ant
for six months they We're after me ant
talking to me about bringing SUI
against the B. & NJ, until finally con
scented. They were to bring the suit II
my name. l was to let them -go II
there and do some work. The property
was to be under my supervision. l hac
charge of the property. / was to pa!
the bills until such time as after | go
back and we might conclude an agree
| ment"
Did you agree that they might TAXI
| possession of the mine?"
They never had possession of it a!