The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1903-09-21
POINTED QUESTION
IS ASKED WITNESS
ATTORNEYS DESIRE TO KNOW IF
HElNzE HAD PROMISED TELL
ING A GOOD THING.
JOHN TELLING UNDER FIRE
Interesting Cross-Examinaton Of the
Heinze Man in the Minnie
HeaIy Trial Today.

I0suiHSu III yuhkS SidHNy Nouit ~
o'clock this morning. The Heinze witness.
John Telling, was on the stand till nearly
noon, and then was followed by James
McFarlane, the man whom Heinze testified
was put in charge Of the mine by Superin-
tendent Wishon, Finlens employe, for
Heinzc, after the alleged deal with Fin
len for the conveyance OF the mine.
An interesting feature in connection
with the cross-examina:ion Of Telling by
Attorney Kelley, was question in which
he was asked what he was to be paid for
his evidence Ii made the listeners cock up
their ears, and when Mr.. Kelley asked the
witness il he had not made a statement last
Friday to the effect that Heinze had said
he would give him, the witness, good
thing after the trial. it sent ripple of ex-
citement over the court room
What Did He Tell Him?
The attorney asked the witness il he had
not made that statement to a man named
p. d. Delmas while coming to the court in
the afternoon. He also asked him if he had
not told Delmas that Heinze had said he
intended to give him a lease, but that i,
would not look well to do so during the
progress Of the trial.
The witness denied that he had told
Delmas anything of the kind. He also de-
MED that he was to receive anything for
his evidence.
McFarlane Cross-Examined.
McFarlane concluded his direct evidence
at half past two o'clock and then went un-
der cross-examination. In his evidence in
chief he said that he had developed ore in
the Minnie Healy and that the mine was
worth considerably more few months
after he fonk posseesinn than at tho time
1t was delivered to him.
He would not undertake to give in
figures what the mine was worth at the
time Heinze says he bought it.
Reopenne Of the Case.
When the case was reopcncd this morn
ing John Telling resumed giving evidence
under cross-examination. He gave testi-
mOny for Heinze on Friday. He was
cross-examined by Attorney Kelley this
morning.
The cross-examination took up the sub
ject of Miles Finlen's statements to the
witness about the Minnie Heay mine.
according to the evidence Of the witness
Friday.
"Mr. Telling, you were talking about
memoranda of conversations with Finlen
In your testimony Friday. Is that cor
rectf" Mr.. Kelley said.
Il had some written notes about the
conversation with Finlen. carried them
in my pocket until they were worn out,"
the witness replied
DO you say you haven't seen this
memoranda in two years."
II may have seen it within that time
when did you see it last!
Before the last trial, / believe"
did you make a not of dates when
you were making the memoranda" z"
II did"
"You jotted down synopsis Of the con-
versation, did your"
YES"
why did you do that?"
80 that l might have something to
show in case there should be a dispute
over the money | was to be paid by Fin
len."
Did Not Expect to Testify
"Was it not because you thought you
might be called to testify in this case:"
Il never expected to testify in the Min
ME Healy case"
Have you not memoranda of the
testimony you are to give in this case?'
mo-
"You have been studying paper in the
hall during the past few days, have you
not?"
Yes"
"What was that?"
"A copy of my testimony at the other
trial. | was studying it to refresh my
memory"
WHO made it,
II did"
"You took it from your old testimony
and studied it in order to testify here
now?"
"Yes, SIR
"You said you had talk with Finlen
in December, 1893. How do you fix the
datc?"
Il saw him before he went to the legis-
lature."
Have you any personal knowledge OF
when Finlen went to the legislature:'
1T was few days before he went to
the legislature"
"In fixing the date OF the conversation
die of December
NO"
The witness then denied that he gave
testimony last Friday that the conversa.
tion occurred in the middle OF December.
He Did Net Say So.
His testimony of Friday last contain.
ing statement by him to that effect
was read to him. He said he had not
made it.
What amount of money did you say
Finlen said he had expended on the
Minnie Healy?" Mr. Kelley asked.
"He said he had spent $4,000 the wit
ness replied.
How was it he came to tell you that"
How He Spent II.
"He said he had spent $4,000 OH the
first leases and bonds, and that he had
spent $4,000 on the extensions of those
papers,
did Finlen mention at that time that
he had spent the $4,000"
"Yes, he told me that twice." the wit
ness returned.
Telling then said the statement about
the expenditure of $4,000 was made to
him by Finlen twice, once in November,
O.O