Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-03-15
AFFIDAVIT
WAS FALSE
No Truth in Wheeler'S Charges,
Says E. c. Perrett.
TIBBETS MAKES DENIAL
Did Not Talk With Mr.. Weed About
Heinze Case-Mr. MacGinniS
Treated.
TIBBETS MAKES DENIAL

terday evening and today in the case Of
f. Rollins Morse VS.. the Montana Ore
Co., in which the plaintiff is
seeking a new trial in the Michael Dewitt
case which was decided at Helena in IA
vor of the defendants a few weeks ago.
Eustace Wheeler has submitted an aln-
sworn to before 0. 7. Goddard, in
which he seeks to connect Hon. e. d.
Weed of Helena, with the matter.
Wheeler's story is that during the pro-
gress of the trial at Helena he asked Mr..
Weed how the jury would go n Mr..
Weed laughted and replied, II do not
know what the verdict will be, but we
cannot lose the case; l have fixed that.
There may be a disagreement of the jury
or Heinze will get the verdict. but the
other side (meaning E. Rollins Morse)
will never win anything in the court"
The affidavit then goes on to relate a
meeting between Mr.. Weed and T.. c..
Perrett, one of the jurors in the Michael
Dewitt case. Perrett. he said, came to the
Office and was closeted with Mr.. Weed for
some time and affiant did not know of
any business relations that existed be-
tween them. Wheeler then goes on to de-
tail the circumstances of his being in
Weeds office; how after being admitted
to practice Mr.. Weed offered him the full
use of his law office, library, etc, which
he accepted. Some time during the sum-
mer of 1893, Wheeler says that MIR. Weed
informed him that he (Weed) had been
o,>,-1oHyol NV y or11C Vro~1o11 oNH1 II
Aug. Heinze in a law suit known as the
Michael Dewitt case, adding further that
he had been employed in the case for the
purpose of seeing that Heinze was not
'c~at-hopped'' on the jury, and that there
after Mr.. Weed had numerous confer
ences with Heinze and Warfield. The af-
liant admits that he was not present at
any of these meetings, but they passed
through his office into Mr.. Weeds room.
On one occasion the affiant says he went
into Mr.. Weeds room to write a letter on
the typewriter, n u in the machine
a sheet of paper upon which Mr.. Weed,
1t is alleged, had been writing. The sheet
of paper affiant says, contained a list of
names of Helena citizens, their age, bust
ness and monetary standing and by
whom or in What way they could be in
huenced.
The affidavit further states that after
the panel of jurors in the United States
court vas drawn Mr.. Weed went into the
office with a list of the names so drawn;
hat he told affiant he had seen the men
whose names were on the list and hat
he was sure Heinze would get a quare
deal. Wheeler further says that he de-
livered a message to Perrett, one of the
jurors, who with Harry Hall, called at
Weeds office and were clOseted with the
latter at different times during the day.
Wheeler also says that Mr.. Weed asked
him ~ TihhQfc had oo11Q1 d11rinu h}o IN.
sence. Later Tibbets,, it is alleged, call
ed and was closeted with Weed.
Mr.. Weed arrived from Helena last
night to ppear in the United States
court today and defend himself from the
aspersions of Wheeler. He emphatically
denied to the newspaper men that he had
been in any way improperly connected
with the affair. Wheeler, he said, he had
kicked out of his office 10 days ago, after
having taken care of him for months.
Wheeler was now ON his way east to lake
some position ON the Kansas City Times,
which Senator Vest, a relative, had Sc
cured for him.
1t was supposed that Judge Knowles
would take the matter up during the
morning session, but the time of the
court was occupied in hearing the excep-
lions to certain portions Of the testi-
mony in the trial Of one of the mining
cases.
pldilbllAo !" liC NllCI1C1 OCNllI
case submitted an affidavit from Mr.. C.
II. Cooper.
Mr.. Cooper's affidavit was to the effect
that he was well acquainted with T. H.
Emery, E. G. Perrett and Louis Stadler.
three of the jurors. and also with Sam
H. McMurran and w. H. Crabtree, who
were in the employ of the Montana Ore
Purchasing company; that on January
81, 1900, affiant was present in Cronin's
saloon and noticed the a~bove-named
parties drinking champagne, and affiant
was then and there introduced to john
MacGinnis, who invited af1ant to take
a drink of win in celebration of the YER
dict in said cause, or words to that effect.
A lumber OF aff1davits were submitted
by the defense.
John MacGinnis admitted having ex-
tended the invitation to all present at
Cronin's to drink, and in addition said
that he did the same thing at another
Helena saloon, while T. ]. Walsh, one
Of the attorneys for the plaintiff, was
present.
W. H. Crabtree denied supplying
nickels to the Jurors or purchasing them
drinks.
F. E. Tibbets submitted an afidavit to
the effect that he was a resident of Hell
| ena and was acquainted with e. D. Weed,
He had frequently called at Mr.. Weeds
Office for the purpose Of consulting him
In reference to business matters In no
wise connected with the trial Of the case.
He alphabetically states that he was not
approached by either of the plaintiffs or
defendants or their agents for the pur-
pose of in any way influencing him, and
was never approached by Mr.. Weed in
/ the matter.
f. C. Perrett's afidavit reads that he
he's read the affidavit made by Eustace
Wheeler and he says unqualifiedly that
he was never employed in the Office Of
the city clerk of Helena: That Wheeler
never brought him any message form