The Butte inter mountain., 1903-01-14

rack III Judge NC, ,lerian court today III
the Shores disbarment proceedings.
lie was submitted TO a cross-examina-
tion by William Wallace, Jr., of Helena,
one off Mr.. Shores attorneys, that has
probably rarely been heard in the courts
OF this country.
The man who testified for Judge Harney
yesterday afternoon upon direct examina-
ton, in which he rehashed stories and al
legations that were circulated by the
Heinze interests during the late election,
had a warm time of it,
Every line of testimony that he gave
yesterday was gone over and the attorney
put Mr.. Roote through pretty severe
cross OF sprouts. Some questions were
asked Mr.. Roote which, il borne out by
subsequent evidence. are bound to have an
important bearing upon the case.
The witness not only admitted having
thrown out intimaiions that if the Brack-
EFT incident afhdavits were suppressed and
never made public that he would have In
duced Harney to grant new trial in the
Minnie Healy case. but he also admitted
that he-Roote-had been convinced that
Harney had granted the Minnie Healy de-
cision for pay.
Mr. Clark came from when the Bracket
woman is alleged to have arrived upon the
scene, the witness admitted that he had
been lying upon the bed asleep and was
not very clear upon the question. He was
aroused by hearing Messrs. Clark, Stivers
and Shores talking in a subdued conver-
sation. He recalled there was something
said about getting the Bracket woman's
services.
At this stage of the proceeding the wit
ness was dilating upon a number OF al
legged incidents and Judge McClernan told
him 10 answer questions in point and not
ramble away from the issue.
The witness repeated his story of yester-
day relative to what Clark said about the
passing OF the DAILY feud. Mr.. Roote said
he had been attorney for Senator Clark
and had looked after business for Charles
w. Clark He was also attorney for Har-
ney in the hearing before Notary Public
Galbraith and the subsequent habeas cor
pus proceedings when the judge was ar
rested for refusing 10 answer questions
propounded before the notary
Judge Harvey refused to answer ques-
tions put to him under your advice, did
he not!" asked Attorney Wallace.
That was a professional matter and |
must decline to answer" said Mr.. Roote.
That statement or advice was given in
open court, was it not Z" asked Mr.. Wall
ace, who then asked Of Judge Mc,lernan
that the witness be required to answer the
question.
Il waive my rights in the matter" said
Judge IIarney. who was seated with his
attorneys in the courtroom. Up to this
time Mr. Roote had declined to answer
number of questions on the ground that
the relations of client and counsel had
existed between Judge Harney and him
self. This statement by Judge Harncy
seemed 10 absolve the witness of his privi-
lege. Then however, Judge Harney pro-
ceeded to qualify his waiver and to limit
it to the proceedings before Notary Gal
braith. Since these matters are already
of public record, the witness mouth was
closed and the waiver amounted to moth
ing. Then, in answer to the previous
question;
Il advised Judge Harney to decnne to
answer the question put to him by +. ].
Walsh" said Mr.. Roote.
Then he refused to be sworn upon your
advice ?"
well, when he refused to testify he re-
fused to be sworn
The witness denied with considerable
emphasis that Judge Harney at any time
during the Thornton hotel incident ad-
mitted that he had received bribe for the
Minnie Healy decision.
He also denied ever having admitted to
John +. Forbis that Harney received a
brbe for the decision.
Mr.. Roote. who said he had acted as an
attorney for Judge Harney in giving advice
IN regard to certain matters, was asked
some very pointed questions relative to
talks he had carried on with other people
relative to the courts decision in the
Minnie Healy case. He cmphatically de.
MED allegations put forth by the cross
examiner as to his motives.
The courtroom was again crowded with
spectators and interest in the proceeding
is not abated
At the beginning OF the hearing TODAY
Mr.. Wallace asked Mr. Roote many oues-
tions relative to the evidence of the latter
given on direct examination relative to
Mr.. Clark expressing desire to fight
Judge Harvey during the alleged Thornton
hotel incident, when the Judge is said to
have called him liar for asserting that
Harvey received money from Heinze for
favorable decision in the Minnie Healy
case.
The witness admitted that at no time
were Mr.. Shores and Mr., Stivers present
in the room when there was any discus
sion about the Minnie Healy decision.
The witness denied ever having told
John r. Forbis that Harney was unluckv
or that he had ever received money for the
Minnie Healy decision.
Mr. Roote denied that he had ever said