The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1902-11-08

time when there was any probability Of
any litigation being in his court in which
Mr.. DAILY might be directly or indirectly
interested.
Mr.. ScalIon the Stand.
The next witness was William Scallon,
who was interrogated by Mr.. Kelley. He
testified that he knew Judge Clancy and
knew him during the months Of Febru-
airy and March, 1909 that he knew Mar
Gus DAILY during his lifetime. The witness
testified that he had several conyersa-
tions with Clancy about the time men
toned the first conversation was in Feb
ruary, 1890, in the latter part Of that
month. The witness stated that his best
recollection was that the conversations
occurred between the 2Ist Of February
and the last day Of February The first
conversation occurred on Main street in
Butte, between Broadway and Park il
was in the day time. After several OBJ
Jections to theses conversations had been
made and overruled by the court, Mr..
Seallon testified that Judge Clancy hailed
him as he was going up the street and
Judge Clancy was going down, and said
he wanted to see the witness that he
wanted to come up to the witness Office.
and wanted the witness to arrange for
him Clancy to see Mr.. DAILY The wit
ness could not recollcet whether Clancy
said anything about the lease al that time
or not about that he was not positive.
lie did state that he wanted TO see Mr..
DAILY and wanted the witness to get him
Clancy an interview with Mr.. Daily and
to help Clancy out to a certain extent about
the matter which he wanted to speak OF
to Mr.. DAILY. The conversation was very
short; it was only in passing; Clancy said
few words and passed along. Judge
Clancy said the witness, came 10 my
Office later, ! believe the same day. though
there he proceeded to speak about himself
at great length and about his family and
his people and broachcd the subject of
this lease and said he wanted to see Mr..
DAILY and he asked if he could see Mr..
Daly and also to use my influence with
Mr.. DAILY to get him this lease. lie said
that he wanted lease on the interest of
the Anaconda Copper Mining company in
the Wild Bill claim, which is a claim stu
atcd IN Silver Bow county, adjoining the
Gray Rock. The interest OF the company
was threc-fourths. Judge Clancy went
on to explain that Frank Shaw could get
what he called the Foster interest in the
same claim. Mr.. Lee Foster was at that
time the record owner Of the other inter
est and he said that Mr.. Shaw would get
that interest for him. | explained to
Judge Clancy that Mr.. DAILY could not
give him any lease that there had been
litigation between the Anaconda company
in connection with the proposed sale OF
some claims belonging to the company,
which had resulted in making it impos-
sible to get the representation of three
fourths OF the stockholders at any meeting
and therefore impossible to get ratifca-
ton OF lease in the statutory manner
and that by reason of that litigation they
were not in position 10 give leases.
suggested also that Mr.. DAILY could not
very well give him lease anyhow"
A Great Deal Was Said.
The witness stated that that was not
all that occurred at the conversation, ac-
cording to his best recollection, because
there was great deal said, but this was
the substance of what was said relative to
the lease. Judge Clancy went away and
returned the next day or the second day
aftcr--came back and said he had been
thinking about it and would not need
any written lease. That Mr.. Daly's word
was good enough, If he would just tell
him verbally that he could work the claim
that it would be all right. During that
conversation he made the further remark
that he had been thinking about it and
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