The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-09-15
ASSAYER MAYER'S TRIAL
Charged With Stealing Bullion
From the Bimetallic.
AN ORDER FOR THE BOOKS
Made by Attorney Kirk and Refused by
the Prosecution-Shipme Were
Shown = The Hearing
Continued.

| Assayer Max E. Mayer, who is ac-
| cused of buying the silver bullion John
| F. Boyd is charged with stealing from
the Bimetallic company, with a knowl-
edge that the metal was stolen, was
before Justice Harrington yesterday
for preliminary hearing. He was de-
| Tended by Attorney John n. Kirk and
the case was prosecuted by County At
| torney c. P. Connolly, who was as
sisted by Attorney T. o. Evans. The
| court room was filled with spectators.
who listened interestedly to the pro-
ceedings. United States District At
torney w. B. Rodgers and Attorney ].
| l.. Wines of Boyd's counsel were pres
ent to hear the testimony, and fol-
| lowed the proceedings with close atten-
| ton. Boyd was not among the specta-
| tors.
Alex Johnson, cashier of Clark &
| Bros. bank, was called as the first wit
| ness. Before he was examined Mr..
| Kirk asked that the record show de-
| mand on the prosecution for Mayors
| books, which We're in possession of the
prosecution. Mr.. Connolly said he had
| no objection to the record so showing,
| but refused the demand
Mr.. Connolly then proceeded to ex-
anime the witness. He testified that
| the bank had bought bullion from the
| defendant. The witness was then asked
| If he knew John Boyd. He did not, but
| knew man who was introduced to him
as Boyle. The witness was then asked
| to turn to book of the bank contain
ing record of all purchases of silver
bullion made by the bank and re-
quested to point out the records of pur-
chases made of Mayer during the last
Is months. Mr.. Kirk objected to the
introduction of this evidence, and after
argument the objection was partially
sustained and partially denied, the wit
ness being directed to go back to the
date of his introduction to Boyd
He found an entry showing silver
bullion was shipped to the bank for the
defendant on June 16. 1898. Mr.. Con-
molly referred to Mayors book for com
parison as to the date Mayer bought
bullion of Boyd.
Mr. Kirk made a strenuous objection
to Mayors book being used by the
prosecution, holding the state had no
more right to use the book than to call
the defendant as a witness against
himself Mr.. Connolly replied that he
would not attempt to use the book if it
were not proper After extended argu-
ment, the objection was overrued and
the witness gave the amount of the
bullion shipped as $76.17 worth. Going
further the witness showed shipment
of bullion for the defendant on July %,
$1,400, estimated value; Aug. Is, a ship
ment of $34S; Sept. 10, bullion, $1,25O;
Oct. "a 1920; Nov. 30. $4,000 Jan Is,
1893, 81, 100; June 81. STOP: July 3. $1160.
These were the estimated values of the
shipments. the actual returns varying
slightly from the amounts given.
The witness was next asked concern
ing the last transaction had with May
or 10 SliI hat oh In n
vanced Mayer 5000. 500 on each of two
different days. The second payment
or advance was made at Mayors office,
in the presence of Boyd or Boyle. as
witness knew him. Witness went to
Mayors place to see the bullion on
which the advance of 5000 was asked.
Mayer on two occasions stated to wit
ness that the bullion involved in the
transactions belonged to Boyd Wit
ness frequently went to Mayors place
to see bullion, it was generally of the
character of the bullion witness had
seen in court at the time he was wit
ness at the hearing of Boyd. At the
time Boyd or Boyle was introduced to
the witness, the defendant said: This
is the man who has the bullion This
was on Dec. 6, 1898.
Mr.. Connolly asked at this time if
Mayer was in the habit of shipping
bullion in quantities before June 16,
that time. The witness referred to the
book and Mr. Kirk objected. on the
ground that it was immaterial unless
the prosecution wanted to get the his
tory of his life. This brought from Mr.
Connolly the remark that a history of
the defendants life would doubtless
prove rather interesting in connection
with the hearing. He held that if the
bank book showed Mayors previous
shipments had been much smaller than
after the time he commenced doing
business with Boyd on June 16. 1885, it
would have tendency to show his
guilt The objection was overruled and
reference to the book back as far as
1894 showed that prior to June Is, 1898.
Mayors largest shipment of bullion ran
very little over $3.50.
On cross-examination Mr. Kirk elic-
tied the statement from the witness
that he had shipped bullion for years
for the defendant and there was never
anything in his conversation during
such transactions to lead the witness
to believe the bullion was stolen. On
redirect examination the witness said
that the deal in which he knew Boyle,
the latter got 40 cents an ounce and he
and Mayer divided the balance. The
witness explained that Mayer came to
him and said man had some bullion
to sell and would take 40 cents Mayer
wanted to know if witness wanted to
go in with him and buy it. Witness was
agreeable and they bought the bullion,
paying Boyd or Boyle 40 cents an
ounce and he and Mayer dividing the
balance of the proceeds. There was
nothing unusual about the witness
part of the transaction, as he fire.
quently bought bullion.
City Detective Jerry Murphy was
next called He testified to finding pul-
lion in the defendants possession on
Aug. 26 last Mayer was melting and
witness took possession of six bars.
Witness asked where he got the bullion
and Mayer told him to go to the bank
and see Alex johnson. Witness did so
and went back and then asked Mayer
who brought the bullion in. He said n
man named Boyle brought it in. Mayer
made no objection to witness taking
the bullion aside to sending him TO Mr.
Johnson, who gave him note to Mayer
to give up the bullion. Witness then
took possession of Mayors book ana
he made no objection beyond asking for
the last two pages, which contained
some records he desired to retain. After