The Nome nugget., 1902-09-06
PRIVIL.E:1 Claimed by McGinn itl Eames~Cody Suit. Detective Cody States OF Witness Stand That EameS Would
 Swear to Anything.

The suit of W. Y. Flames against A. J. Cody to recover S2li for alleged -er- vices as Il detective. was called in the U. $. Commissioner court on Thurs day evening. Flames stated that he was employed by Cody at Sj a day, and his evidence was brief. He asserted that the balance named was still due him.
 John l.. McGitln was called on behalf of the plaintitf and he stated that Flames had never been in the employ of the government as detective in inveo- tigating the alleged charge of jury fixing in the ease of the United States against Joseph II. Wright. When asked if Flames was employed at all in that case, McGinn refused to answer on the ground that the question was privi lcgcd.
 The court then gave Attorney 0. D. Cochran until 10 o'clock Friday morn ing to submit authorities and the eX- animation of McGinn along other lines was continued. McGinn admitted that he wrote letter to Judge Wicker,ham i'll which he stated: "l'lease find en- closed contract which | have entered into with A. J. Cody, and which is sub mitted for yoar approval" He said it was a public file of record. Asked if he had the contract referred to. McGinn refused to testify: he said he had the contract. but refused to disclose it. Several other questions touching the record were asked, and McGinn alsore fused to answer them, objections being made each time by Attorney Orton, counsel for the defendant.
 McGinn was asked if he knew who was employed by Mr. Cody in the alleged jury iiXin. case, and what he knew about the &l59 for services to tone man." as shown by the record. McGinn said he thought he knew, but refused to say anything further, and the court held it equivalent to saying yes.
 Cochran said McCiinn had the con- tract and refused to produce it: it was part of the public record and was missing from the files. The court sus- tained McGinn.
 McGinn then made statement alleg- ing that the examination was a 'iish- ing expedition. He was proceeding to eXpatiate in Il general way, when the court shut him off by telling him he had heard enough. McGinn was also asked if Eames' board had not been paid at the Golden Gate hotel by the government. and an objection +ofTered by MT. Orton was sustained.
 Yesterday morning the court ruled that McGinn need not answer the questions noted above, as well as others, as they were privileged.
 The ease was resumed this morning, both plaintiff and defendant being on the stand several times.
 Detective Cody, in reply to a ques- tion, said that he had told Flames, as q witness in the contempt case against Marshl Richards, to tell the truth. He denied that there had been any coaching: he merely went over the testimony to be offered by Flames with Mr. McGinn.
 "When Flames came to the question as to what he would say on cross examination in the Richards contempt case about what he was getting said Cody. "Eames wanted to swear to that he would swear to almost anything. and he wanted tO,swear that"
 "You said Flames would swear to almost anything:" asked Attorney Cochran.
 "Yes," said Detective Cody. "l said to him, You must not; you tell the truth: tell exactly what you are being paid in the case.'
 Flames, Cody said wanted to swear that he was getting $5, while he was only getting S3 day. Cody stated that he had paid Flames every cent that he had promised to pay.
 Judge Reed took the case under ad- visement until Monday.