The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1901-08-17
HARNEY'S SIDE
IS SET FORTH
AFFIDAVIT FILED DENYING THE
CHARGES MADE AGAINST
THE JUDGE.
Judge Harvey Makes Emphatic Denial
John MacGinniss and Others
Come Forward With State
ments-No Denial of
Alleged Corre-
spondence.

Late yesterday afternoon the following
atfidavits were filed in the Harney case
by Judge Hardy and others named in
the affidavits ielda against them some
days ago. AS will be noted they are
largely made IN of denials of the allie
cations of intoXcation on the part of
the judge and of the alleged attempts to
exercise undue influence over him
through the employment of Mrs. Brack-
ct or other agents. The affidavits omit
all mention of the CORES ondence al
legged to have passed between the court
and the woman, and cited by the prose-
cution to show undue influence. but are
specific in contradicting other statements
made about various parties whose names
Iwera used in the first afIidavits. The
papers filed yesterday are as follows:
Judge Harney's affidavit is brief, and
in full as follows: "E. W. Harvey, be-
ing sworn, upon oath deposes and says:
That he is one of the judges Of the above
entitled court; that the above entitled ac-
ton was tried before said court while he
was presiding as judge thereof, and that
as such judge and court he made the
findings of fact and conclusions of law,
and entered the judgment and decree
therein.
That in trying, considering and de-
termining said case and making and en-
tering said findings and judgment and
decree, and in all things else pertaining
to said case, he was entirely uninfluenced
by any parties to the action. or any one
else, and did so entirely upon the evil
dence and record in the case. under the
law. in the best exercise of a free, fair
and impartial consideration and judg-
Ment.
THAT from a FULL thorough and fair
hearing, trial, examination and consid-
GRAFTON of the same, he arrived at the
findings of fact and conclusions of law,
and the judgment and decree entered
herein; and that all Of his rulings and
actions while presiding in said court We're
entirely uninfluenced by any considera-
tion other than that of the matters prop
erly presented in court, and the rules of
law and equity as understood by him. ap-
plicable thereto and a desire to arrive at
just and correct decision and judgment
in the matters.
THAT he never had any knowledge that
anyone in the employ of. or connected
with the defendants in the case were at
tempting to influence him in his action or
decision in said cause in favor of said
defendants or any of them attempted or
desired to do so in any other manner
than by the presentation Of their conten-
tions in the case by their counsel in open
court, all of which was done fairly and
in the proper discharge OF duties Of said
counsel to their clients; that he never
told any one that he know any one, what
soever, was in the employ of the defend
ants or representing them for the pur-
pose of influencing his decision or action
in said case.
THAT from the evidence in said cas-.
and under the law and the rules of con-
tentions OF the respective parties there
to, and the issues arising from the plead
1ngs therein, it was and is his unbiased
Judgment, beyond any reasonable doubt
that the defendants were entitled to have
the rulings Of the court and the findings
of fact, conclusions of law. judgment
and decree which were made and entered
therein, made and entered in their favor
and that he could not, in the exercise OF
his best Judgment and in the faithful
discharge of his duties as presiding judge
of said court, have done otherwise thar
to make and enter the same.
THAT during the whole time that saie
cause was on trial before him in sale
court, while the same was being present
ed and during the whole time that hi
was giving the same consideration, prlo1
to making and filing said findings of fact
and conclusions of law he was not in any
wise disabled or incapacitated therefron
by the use of Intoxicating liquors.; and
that said findings Of face and conclusion:
of law and the judgment and decree en-
tered herein, as we'll as all other orders
and rulings made In the case resulted
from the exercise of sober and con
siderate judgment arising in his mind
while in the full and free exercise of hi:
mental faculties"
The MacGinniss Affidavit.
The affidavit of John MacGinniss is a!
follows:
'John MacGinniss. being first dull,
sworn, on oath deposes and says: Tha
he is the person referred to in the aft
davits filed by plaintiff in this case ir
support of his motion for new trial
That he is acquainted with Ada Fl
j. .. MCGREGOR
VETERINARY SURGEON.