The Anaconda standard., 1899-09-16
MAYER WAS DISCHARGED
He Was Accused of Receiving
Stolen Bullion.
COULDN'T MAKE IT STICK
The Entire Day Was Consumed in
Hearing Testimony-Justice Har-
rington Held 1t Was Not Suf-
f1cient to Convict

| reached a conclusion yesterday, result.
ing in the defendant being discharged
by Justice Harrington.
The whole of the forenoon and tht
greater part of the afternoon were oc.
cupied with the hearing, the greater
part of the time being consumed in the
examination of the witnesses for the
defense, of whom the defendant was the
chief witness.
Strenuous efforts were made by At.
torney Kirk, counsel for the defendant
to prevent the use of Mayors book con-
tanning the record of his receipts OF
| bullion, from being introduced in evil
dence, when that matter came up at
the morning session, but County At
torney Connolly was fortified behind SO
many authorities that he carried his
point and the book went in An ex-
animation of the book disclosed that
Mayors dealings in bullion with Boyd
! were very extensive, indicating that if
the bullion Boyd sold to Mayer was
| stolen from the Bimetallic company,
! that concern lost what would be to most
people a moderate fortune. The book
was only examined back to June 16,
| 1898, but in that time it showed Mayer
received from Boyd about $4,000 in
| silver bullion.
The defense consisted mainly of the
| defendant denying all the allegations
made against him and of an effort to
| impeach the testimony of c. II. Thomp-
son. one of the states witnesses, who
| gave strong testimony against the de-
fendant on Thursday.
The case opened yesterday by Mr..
Connolly calling Assayer John r. Bap-
| ty, who gave testimony concerning the
assay values of bullion in the posses
sion of the sheriff which he was called
upon to assay. His assay showed the
| bullion to be very similar to Bimetalic
| h1rI CHI Iyy ha tA-ti f1f
| the company assayer
Al this time Mr.. Connolly took up the
matter of Mr.. Kinks objection of the
| evening before to the introduction of
| Mayors day book containing the en-
| tries of bullion purchased from Boyd
and cited authorities to show the cor
| rectness of his position in offering the
| book in evidence. contending that the
| book was the same as damaging ad
| mission the defendant might make to
| a person. After extended argument
the court permitted the introduction OF
| the book and Mr.. Connolly stated that
| the book was offered specifically for
| the purpose of comparing the dates on
which bullion was melted at the BIZ
metallic and the assays on those dates,
with the dates of the receipts of bullion
from Boyd, or Boyle, as shown by the
book and Mayors assays, also for com
parison of the times Boyd was absent
with the dates of Mayors receipt of
| bullion from him. f-ls.~
Superintendent Zeigler was recalled TO
testify regarding the variations be-
tween assays of bullion. He said as
says of bullion from separate proper
ties might run very close together, but
it was very improbable they would run
on an average of so points. which was
about the maximum of the variations
between the assays at the Bimetallic
IF hllli
from Boyd. Here Mr.. Connolly read
from the book the entries relating to
the purchase of bullion by Mayer from
Boyle, ]. w. Brown and A. Brown.
Mr.. Kirk cross-examined Superin-
tendent Zeigler relative to the book
After stating he had examined the book
he was asked If the entries read by Mr..
Connolly appeared in chronological or
der as though in the regular order of
Mayors business. He said they did.
On redirect examination Mr.. Zeigler
was asked if he had totaled the number
of ounces in the entries read. He said
he had and they amounted to about
$4,000 ounces. or about 1900.
The state rested and the defense
opened by calling T. b. Mulvaney, a
blacksmith doing business in South
Montana street. He testified to Mayer
bringing bullion to his place in August
last to have it broken up. This was
during business hours and the bullion
lay on the floor of the shop in plain
view the greater part of the day. He
cut up bullion two or three times in the
same way. Cross-eXamined the wit
ness said he never broke up retort bull
non OF late years for any one but
Mayer. though he had in early days.
Charles Dilger of Walkerville, jew
eler was next called for the purpose of
impeaching the witness for the state
lnOmDSOn q a tp11 h
ne mad been offered one-half of the bull
non recovered from Mayer for his teS-
tlmony in this case and that he intend
eu TO get even with - referring to
Max Mayer and his nephew. He also
said he would not take $1,000 for his
chances in this case.
On croSs-examination, the witness
said he never had any trouble with
thompson and was only commonly
triendiy toward the Mayors. Asked
what brought up the conversatio the
witness said he could not remember
-, How is IT, then, that you remember
the conversations" asked Mr.. Connolly.
Well, it was interesting" was the
reply.
Tell US something else Thomson
said in that conversation said Mr..
Connolly.
well, he asked me if I was doing
any work for Mayors nephew and
Asked where he formerly worked. the
witness said in New York, for one
place. Asked whereabouts, he could
not tell, but said it was somewhere near
Twelfth street. He also said he worked
in Brooklyn, but could not remember
whom he worked for. Witness further
stated he had not been offered any |
thing for testifying in this case and had |
no hope of receiving anything.
Lewis Smell, partner of Blacksmith |
Mulvaney, corroborated Mr.. Mulvaney's |
testimony.
A. c. Will was called and questioned |
concerning the character of the witness
Thompson. He said Thompson's repu-
tation was bad and he would not be-
lieVe him under oath Under cross-eX-
animation, the witness was asked if
Thompson would believe him under
oath and he said it was a question He
mad never had any trouble with
Thompson and knew Thompson's repu-
tation from having worked with him
as jeweler at Winterhalter's Wit
ness said he was jeweler. but he was
at present running saloon in Park