The Butte inter mountain., 1903-10-02


"Can YOU give the accounts from Novem-
Der 2f, 1893, to February "a, 1905.
"Yes."
The witness looked over account books
he had brought to court, and the lawyer
asked him what the expenditures were be-
tween the dates named.
Total Expended.
81 have the amount expended between
January +, 1900 and March g. 1900 said
the witness. "Ihe total amount OF ex-
penditures made by my father OH the
mine during that period was $a,481.6o."
Have you got the items!" i
"Ycs." ,I
"Please give them to us"
The witness then read over each sep-
aratc charge for labor and supplies in the
account, and the amount of 1t. Labor,
coal, hardware, hauling of coal and hos
ptal dues were among the items.
WAS that for supplies furnished the
Minnie Hcaly mine?"
Yes" the witness replied.
Have you charged anything for the
supplies that were at the mine in the ac-
count" Mr.. Kelley asked.
"No," the witness answered.
"This account is for supplies and labor
tween the dates given!"
YES"
The statements were put in evidence,
and the bills for the supplies were testified
to by the witness. He said his father
had paid the bills
"Do you know how the bills came to
your fathers Officer" MIR. Kelley asked
him.
II was away at the time" the witness
returned.
Were you present when a certain con-
vcrsation was held between your father
and Heinze at the Finlen hotel ,"
"Yes."
"Whefe were you at the timer"
II was in the Office of the hotel working
on the books"
"When was that ?"
81 think il was in November 1905"
"Did the conversation refer to the
Minnie Healy mine?"
"Yes, sir. My father and Mr.. Heinzc
came into the office while was working
on the books. showed them a blue
print map of the Minnie Healy mine which
Heinzc wanted to see. He said to my
father, I'D like you to bring lawsuit
against the Boston K Montana company.
Ill stand all the expenses, and | think
we can close them down."
Cross-Examination
The witness was examined by
Judge Mcliatten about the accounts of
the Minnie Healy which he had kept
for his father prior to the time his father
and Finlen had talked about the mine.
The cross-examination on the subject was
quite long and went into the separate
items on the books.
Some of the books of accounts relating
to the mine were not in court. and the
lawyer asked the witness to get them for
him. which the latter said he would try
TO do.
James Couzens was called to the stand
by Mr.. Forbis. and said he had compared
the printed table of the M. o. p. accounts
with the Minnie liealy with the statement
he had prepared himself.
Are the tables correct?" Mr.. Forbs
asked.
Yes, SIR the witness replied.
There was 10 examination and
Mr. Couzens was excused.
Yesterday afternoon, under cross exam
ination, Miles Finlen testified that he did
not know anything about the late Marcus
DAILY becoming interested in an amalgama-
tion Of the big mines of this place till
May or June, 1890, when they were travel
ing from the East together, and Mr.. DAILY
| told him.
Mr.. Finlen, did you not tell II. I.
| Wilson that you would do anything within
reason that Mr.. DAILY asked you to do?"
| Judge MelIatten asked.
Would Serve Mr. DAILY.
II might have said that | would do
| anything in reason for Mr.. DAILY. would
do that yet. il Mr.. DAILY were alive" the
| witness replied
why did you not cash the check for
| $eo4 for ore from the Minnie Healy?-
Il kept the check to show it, Checks
are not usually sent me unless they are
owed to me" the witness replied.
This check was sent by Heinze to Fin
len for the proceeds of the ore extracted
from the mine in January, 1890, a couple
OF months after the famous meeting in
the Montana Ore Purchasing company's
Office, at which Hcinzc says he bought the
| mine.
The witness denied that he ever told
John Cook or anybody else to turn over
the Minnie Healy mine to Heinze when
the latter should come for it,
Did you ever tell Pat O'Neill that you
| ShpillGu VI III lllG HlIlG OSGI W IlGlTZt
at any time, and that you hoped to gel
your money out of the property in thai
way?' the lawyer asked.
~ never dreamed of such thing Nc
negotiations for such a transaction had
ever taken place. | certainly did not,
the witness replied.
Did not Pat O'Neill ask you about re
pairing the shaft at the mine, and didn'
you tell him to never mind the shaft, a.
you intended turning the mine over Il
Henze, and that Heinze might fix til,
shaft up?"
NO sir | never did"
Mr.. Finlen testified that he did not re
member what the agreement was as t,
who should pay the expenses of the sui
to be brought against the Boston & Mon
tana company for damages. He said tina
he might have testified at the other tria
that Heinze was to pay them, since Heinz
would benefit if the mine should be soil
to him finally.
Old Testimony of the wituecc in Whsc