Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-03-16
THE AFFIDAVIT
MAKERS BUSY
Some in Rebuttal Were Filed
in u. S. Court To-day.
Mr.. McMURRAN'S DENIAL
Did Not Improperly influence Jurors.
Mi. Weed Denies Wheeler'S
Allegations.

The affidavit makers had a busy week
Of 1T in the United States court, the
climax being reached today when a few
were filed in rebutta of those submitted
yesterday by E. Rollins Morse in sup
port of a motion for a new trial in the
Michael Dewitt case.
One Of the afidavits filed this morning
was made by Sam McMurran, a resident
of Butte, in answer to the affidavit of L.
p. McCabe of Helena. McMurran denies
that he ever e into the'"Chamber Of
Commerce. saloon with e. C. Perret OF
the Jurors; that he never drank with
said Perret in said saloon during the trial
of said cause, as stated by McCabe. The
aff1ant also denies that he ever had any
! conversation with ]. p. McCabe concern
ing the possibility or probability of being
able to do business" with certain MEM
bers OF the jury, and never had any con-
versation in reference to Kenck or Passa-
want, jurors, as to whether they or either
OF them could be Influenced for a none
tary consideration or any other consider
alton to vote for the Montana Ore Pur-
chasing company. Affiant further denies
unas ne ever held any conversation With
aid McCabe in reference to- said cause
or the trial thereof, and states that dur
ING tine progress of said trial the said Nc
CaDe solicited from aff1ant employment
Dy the defendant company for the pur-
pose OF improperly influencing certain
Jurors In the trial of said cause,
r. e. Ferret also denies the statements
made by ]. M. Hannigan and ]. p. Nc
c!aoe, and claims he never drank liquors
IN saloons with Sam McMurranl or with
any other agent. representative or en-
ploye OF the said defendant
Ben Harris of Butte deposes and says
that he has known J.. F. McCabe for IL
years past. and that the reputation of
the aid McCabe for truth and veracity
IN the community in which he resides is
bad, and he would not believe him under
oath.
J. M. Kennedy Of Anaconda also says
that the reputation of Mc(,abe is bad.
W. H. Orr says he knew McCabe for 10
years and that his reputation for truth,
honesty and integrity is bad. He makes
the same declarations against J. M. Har-
rington.
Among the other afidavits presented
was one from J. p. McCabe, who says he
has been a resident of Helena for sixteen
years. Relative to Juror +. C. Perrett,
McCabe says that after the jury a been
selected he had a conversation with Sam
McMurran, an alleged agent of the M. O.
+. Co. In this conversation McCabe al
leges McMurran inquired if he thought
that n business could be done with
certain members of the jury, particularly
Juror j. N. Kenck and Juror w. A. Pas
savant. McMurran, the affiant alleges,
asked him If the jurors named could be
Influenced by a monetary consideration
to vote for the M. O.. P. Co. McCabe says
he told him that he thought they could
be SO influenced. He says he met Kenck
later in the barroom of the Hotel Helena
and conversed with him.. He asked Kenck
if 1o xr,oc o1x:n Co.., co $3.50 &c ~. 49, -
lows with the stuff and that Kenck re-
piled that the jurors had the name of get
ting it, and If there was any stuff to be
had he wanted to get some of it.
j. M. Hannigan, bartender for Tommy
Cronin said that on the evening of De-
cember "a last, McMurran and Juror Per-
rett entered the saloon together and
McMurran paid for the drinks. McMur-
he avs, remarked that the M. O. P.
Co, would fix the fellows on the other
side If they tempered with the jury, n
intimated that he had the jury fixed.
O. A. Kenck who says he is a cousin of
Joseph N. Kenck. one of the Jurors who
tried the Michael Dewitt case. alleges that
McMurran and Crabtree frequently gave
his cousin money to play the nickel-in-the
slot machine.
George H. McDougall, the stenographerf
f. Rollins Morse, during the trial told
In an affidavit of a conversation held be-
tween Jurors Lang and Kenck, just af-
ter the judge had finished reading his in
to the jury. Mr.. Lang stated
that he had dreamed the night before tina !
the jury you'd stand 8 to 3 and Mr..
Kenck replied that he thought two of the
Jurors would hang out and it would be
ten to two.
Mr.. e. D. Weed filed his affidavit at a
late hour yesterday afternoon. Mr.. Weed
that the affidavit of Eustace
? IL - I ~~.A - |
Wheeler for about two years and
had gratuitously furnished him with desk
room and he was occasionally given en-
plOyment by Mr.. Weed. Mr.. Weed denies
hat he at any time ever had
conversation with Wheeler about the
Michael Dewitt case, except he may have
that he was retained in the case.
He had conferences with F. A. Heinze and
Warf1eld at different times rela-
tive to the proper conduct of the trial and
nothing was said at any of the confer
ences in reference to the improper inhu-
encing of n juror who might be select
for the trial. He says that he made
a list of a considerable number of names
Of business men and taxpayers of Helena
md vicinity from whom it was supposed
the jury in this case would be selected.
made certain rotations on this list as
to the standing n fairness of the per-
sons, merely for the purpose of inform
ing the officers of the Montana Ore Rur-
Co.. and it's leading attorneys,
were non-residents and not person.
ally acquainted with the people and for
the purpose of informing them as to
said persons would be compe-
tent, honorable and fair as jurors. the an
being for no other purpose.
Relative to Harry Halls visit men,
toned in Wheeler's affidavit, Mr.. Weed
says he has been a client of his for a long
lime and frequently visited his Office on
OF business. He denies that he