The Butte inter mountain., 1903-01-14

he had attempted to secure bribery ad-
mission from Harncy.
Mr.. Wallace offered to present the proof
that few days after the thornton hotel
incident Mr.. Roo,e had said TO a Butte
party that he and {. w. Clark had
Judge Harney for a statement as to alleged
bribery in the mining case. The offer was
objected TO and by the court ruled out.
Again the witness was asked TO detail
the occurrences during the Thornton hotel
incident relative TO the dispute between
Clark and Harney. lie could not recall
whether Clark had called him thief, but
he remembered he said something about
liarncy being guilty of debauching his
office. The witness recalled that Clark said
d II TO h, judge, what's the Use OF
monkeying about this business longer,
know you have robbed these people for
Heinze."
Mr.. Roote was quite positive there was
no other accusation made by MIR. Clark
against Judge Harney excepting in the
Minnie Heay case. The witness admitted
it was barely possible that Clark had call
ed Harvey common thief but he did not
recollect Clark saying Harney had been
bribed and Clark knew it,
Mr.. Roote told again the story of the
difference between Clark and Harney in
the Thornton when the judge called Clark
liar and the latter demanded a retrac-
tion. The witness said he prevented an
encounter.
that Harvey apologized TO Clark after
the incident. '.
Mr.. Roote denied that he mimicked
Judge Harney TO John Forbis In telling OF
the controversy between Clark and Harncy.
The witness then went over the ground
previously covered relative to the allega-
tions that Clark had told him Mr. Shores
had said there was evidence of improper
relations between Judge Harney and Mrs.
Bracket that would break up Harneys
family.
The witness denied that he arranged the
alleged interview with Clark and the Judge
at the Thornton or that there was any un-
derstanding relative to securing Judge
Harney's affidavit as to alleged bribery in
the Minnie Healy case.
Mr.. Wallace asked the witness a number
OF questions relative to a conversation he
had with Eugene Carroll in which il was
alleged the witness practically said that il
the afidavits against Harney were sup
PitFoNu tHcIC WOulu DC "A new tridl granted
in the Minnie Healy case.
Mr.. Roote admitted that he ntmated
to Mr.. Carroll that If the latter would see
Mr. Scallon and urge that the afiidavits be
suppressed, he, as a friend OF Judge Har-
ney, would endeavor to induce him to grant
the new trial desired.
1t will be remembered that at the time
referred to by the witness in the foregoing
Roote was employed as attorney for Judge
Harney.
He admitted talking with Mr.. Carroll.
however relative to the street reports as
to the affdavits against Harney but said
he had the conversation with Mr.. Carroll
unknown to the judge.
The witness was asked further il he did
not tell Mr.. Carroll that a new trial would
be granted after Harney had made a pre-
liminary statement, but this was also de-
MED.
There was also a denial that the witness
said the case could be transferred TO any
district court desired.
The witness also denied that he went
to the legal department of the Amalea
mated company and made any such offers
relative to new trial being granted in
the event of the affidavits being SUD-
pressed
The first witness claimed he had had
no such conversation with Mr.. Stivers as
the attorney alleged in the question in
which Roote was asked If he had not said
that Harney had admitted to him that
ne had received money for the Minnie
Healy decision.
Roote denied ever admitting to c. r.
Kelley while walking with the latter from
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