The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-09-07
BUTTE News.
HEARING Of JOHN F. BOYD
Silver Bullion.
THEY RAN INTO A SNAG
Mayer Was Called to Testify and His
Attorney Objected-The Hearing
Continued Until the Cues
ton Is Settled.
THEY RAN INTO A SNAG

The preliminary hearing of John f.
Boyd of Philipsburg, who is accused
of stealing silver bullion amounting to
many thousands of dollars from his
employers, the Bimetallic company,
was begun yesterday before Justice
Nichols, but did not proceed very far
when the counsel engaged ran into a
legal ENHANCEMENT which was not I'M
snarled when the noon hour arrived
and continuance was taken to this
morning. Two witnesses had been ex-
amined and County Attorney Connolly,
who appeared for the state, called the
third, Max Z. Mayer the assayer who
is alleged to have purchased the stolen
bullion from Boyd, against whom a
criminal case is also pending. Attor-
ney John n. Kirk, Mayors lawyer, was
in court to protect the interests of his
client, and the first important ques-
- ton put to the witness brought Mr..
Kirk to his feet to claim the right of
one accused to refrain frfom answer
ing. The point was argued at length
and the continuance was finally or
dered to give time to look up authori-
ties and reach the proper settlement
of the question. The defendant Boyd
was represented by Judge j. M. Dur
fee of Philipsburg and Attorney j. L.
Wines of Butte, and Attorney L. o.
Evans assisted Mr. Connolly in the
prosecution.
The first witness called was Clarence
A. Corey, who testified that he was
employed in the assay office of Max
Mayer from the middle of July to the
middle of October, 1898, as assayer. He
helped to melt the bullion and treat
hn ha oh IN Ia in
stitution. When asked if he knew
Boyd the witness replied that he had
known the defendant as Boyle and had
seen him at Mayors place two or three
times during the while employed there.
Each time he came in connection with
the sale of bullion, which he brought
in in lots of from $50 to $50 pounds.
On one occasion the witness took the
bullion to a blacksmith shop and broke
it up as it came in pieces too large to
get into the crucible. On another oc-
casion the witness heard dispute be-
tween Boyle Gas he knew him) and
Mayer. over the amount of money that
was coming to the defendant. The wit
ness was shown the books of Assayer
Mayer and he identified a number of
entries of receipts or purchases of bull
lion, which he said came from the de-
PENDANT. He remembered the entries
because of the unusual amounts and
because of the dispute referred to.
A stack of silver bricks seized at
Mayors place were put in evidence and
John Bapty of the assaying firm of Bra
den & Bapty was called to testify to
having assayed the bullion in them.
He gave the details of what they con-
tanned and Assayer Mayer was then
called. In response to preliminary
questions Mayer said he had been an
assayer for 40 years, 80 of which he had
been in business in Butte. He was
then asked if he knew the defendant
and replied: Yes, l know Boyle" in
dicating Boyd. Replying further, he
said he had known the defendant about
a year, and had gotten acquainted with
him through business relations they
had together.
Pointing to the bars of bullion in
evidence, Mr.. Connolly asked the wit
ness if he had ever seen them. Mr..
Kirk Immediately objected to the wit
ness answering, holding that as a Grim
inal case in connection with this same
matter was pending against him, he
could not be compelled to give evidence
against himself. The argument occu-
pied the remainder of the forenoon, and
as both sides desired further time to
hunt up authorities the case was con-
tinued to this morning at o'clock.