The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1903-10-03
TESTIMONY ENDED
IN MINNIE HEALy
ARGt lMENTS ARE TO BE PRESENTED
TO JUDGE CLANCY ON
FRIDAY NEXT.
EVIDENCE OF TODAY SPICY
Three Witnesses Testify Heinze Witness
Told Them That He Would
Not Perjure Himself

far as the receiving of testimony by the
at an end, excepting that it must still be
argued.
The arguments will be presented to the
court neext Friday morning at 10 o'clock.
The court set that day and hour OF his
own motion. Judge McHatten, the leading
counsel for Heinze, wanted the arguments
heard Tuesday, and Mr.. Forbis, for the
plaintiff, asked that they be put over for
week or more.
Spicy Evidence Today.
The evidence received in the case today
was exceedingly spicy. Heinze's counsel
put Patrick O'Neill OH the stand to testify
that Miles Finlen had told him he expected
to transfer the mine to Heinze, and three
witnesses for the Boston & Montana COM
pany, to wit, Miles Finlen, Attorney c. +.
Kelley and Dennis O'Neil, testified that
the Heinze man had told them the reason
he had not testified in the case before,
although twice subpoenaed by the Heinze
side, was because he would not perjure
himself for any man on earth.
Patrick O'Neill was miner employed
in the Minnie Healy mine in 1903, and
worked for Finlen that Finlen made the
statement attributed to him. The witness
first said that it was in May and then that
it was April that Finlcn made his remark
about transferring the property.
Lost His Position.
Mr.. Kelley, Mr.. Finlen and Mr. Dennis
O'Neill all told how the witness had told
them that he had lost his job at the Specu-
lator mine because he would not perjure
himself. Mr.. Kelley also said that the
Heinze men had tried to negotiate deal
to testify for Finlen for what there was
in it for him." II likewise came ont that
O'Neil has a suit against Finlen pending
1ow.
Patrick O'Neill was put on the stand
when the trial opened this morning, to
testify for Heinze.
What's your busincss?" Judge McHat-
ten asked.
I'm a MINER" was the reply.
DO you know Miles Finlen?"
"Yes."
'State if you ever were employed at the
Minnie Healy mine by Miles Finlenl"
Yes; from October !, 1896, to August
"a, 1906"
What position did you have at the
miner"
Il was the foreman"
'When did the operations begin in
1sos?p
January p"
Now, YOU may say, Mr.. O'Neill, If
during the time you worked at the mine,
you had any talk with Mr.. Finlen about
the object of the work."
"Yes."
what did Mr.. Finlen say about the
work." Did Mr.. Finlen say that the work
was for the purpose OF a lawsuit and that
he could transfer the case to Hcnze p
Judge McIIatten asked.
Did he say anything about getting
his money out of I'll"
"Yes. The first time, he said he was
talking with John MacGinniss and ex-
pected to turn over the mine to Hcinzc.
The next time we had broken into the
Minnie Heay workings and he was more
than glad, and he said he could trans
fer the mine and get his money!
What did you say about the shaft?'
The shaft was in bad shape, and
| asked him about fixing it. He said that
] must get along the best ! could, and
that he would turn the mine over to
Heinzc and Heinze could fix it,"
On cross-examination Mr.. Kelley said
to the witness:
Now, when did you say you had the
first talk with Hcinzc?"
"The latter part of May, Isos," the wit
ness replied.
Didn't you testify on direct examina-
ton that it was in April!"
yes; it was in April" the witness said,
although, as matter of fact, he had said
it was May in his direct examination.
Didn't you say it was in May?" the
attorney asked.
NO." the witness said.
"When was the second talk" Mr. Kel-
ley asked.
1T was in October-no, il was in Aug
ust,' the witness replied.
The witness was asked If he had not
twice been subpoenaed in the case by the
Heinze side, but never placed OH the
stand before, and he said that was true.
He Might Have.
Then he was asked if he had not met
a man named Dennis O'Neill on Main
street last Wednesday, and he said he did
not know. Asked if he had not talked to
O'Nell about the case then, he replied
that he might have,
Then the witness volunteered some in
formation which led to very spicy tcsti-
mony by Dennis O'Neill Miles Fin
len and Attorney c. r. Kelley, all of
whom took the stand to describe some re-
markable statements made to them by the
witness, Patrick O'Ncill
The witness volunteered the following
Il was approached on the street by a
man named William Dram, and he said
that il | testified for, the Boston & Mon
tana company in this case | could get a
good lease from that company"
"Was anybody else present at that con-
yersation?" Mr.. Kelley asked.
"a man named Ed. Sullivan" the wit
ness returned.
Then Mr. Kelley said to the witness
Didn't you tell Dennis ONeill you
wouldn't testify for Heinzc because yo,,
wouldn't perjure yourself, and that it cost
you your job in the spcculator miner"
The witness admitted that it cost him
his job, but denied that he had said he
would not perjure himself.
I..tL IT.