The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1903-07-17
DiSbarment Action Against
A. J. Shores Must Be
Tried to Finish.
RULING BY COURT
Testimony of Jesse Roote
Is Contradicted by
Several Witnesses.

After considering the matter overnight
Judge Mctlcfuan this morning announced
that he dcnicd the motion to strike and
the motion to dismiss IN the dsharmcnt
proceedings against Arthur J Shores.
The motions were based chiefly on
the proposition that no conspiracy had
been shown on the part OF the de-
iendant.
Judge Mctlerniu took the position. ac-
cordIng TO his statement in making tho
ruling. that there was an indication ~
conspiracy in the testimony given last
January by +. l.. Whitmorc.
his testimony was that the defendant
and Stiycrs had gone t. The Silver Bow
club ou the night OF the Thornton hotel
conference aud had there got Charley
CLARK aud taken HIM to the hotel.
This testimony" said the court,
leaves the matter in a condition that re-
qures explanation. For this more than
for any other reason the motions aro
denied"
The usual exceptions were noted and
then the defense opened its case No pre-.
luuinary statement was made save one Nv
Nj. Wallace tu the effect that II had been
impossible SO iar to reach CAPTAIN
StiNcrs, who was in Alaska and who i,
wanted rs = witness. II he Is not here IN
time the defense hc said. would ask
continuance
This morning the testimony of Attorney
". J. Maury, Eugene Carroll and John u.
fofbis was taken.
The greater portion Of this was directly
contradictory OF the testimony offered by
Jesse II. Ro0tc, the star witness for tho
prosecution
MR.. MAURY'S TESTIMONY WAS
ESPECIALLY SENSATIONAL. IT WAS
TO THE EFFECT THAT ROOTE,
HARNEY's LAWYER, HAD TOLD HIM
HARVEY HAD TOLD HIM OF BEING
BRlBED IN THE MINNIE HEAlY CASE,
AND ALSO THAT HARVEY, ACCORD
ING TO RoOTE, HAD TOLD THE
SAME THING TO w. n. CLARK, JR.
This is the first time that Mr.. Clafk's
name has been mentioned Ia the matter.
The testimony Of Maury aud Carroll
was 10 show that Ro0ic had interested
himself on behalf Of llarncy 10 prevent tho
making public Of the Bracket anidavits.
II was to the effect that Rootc was maxi
ing a plain offer Of compromise at that
time.
Carroll testified thai Roole went So far
rs 10 offer not only new trial aud a
change Of venue, but also the privilege TO
the Amalgamatcd people Of selecting the
county and the Judge for the new trial
Contradcts Mr.. Roote.
The evidence Of Mr.. Forbis was con-
Trajectory OF Rootcs testimony in several
particulars, especially as 10 the talk Of
R,,t,'g A.. 4
Mr. Forbis said that Rootc had come in
the Ruise Of an applicant for a position
and that koote, rather than he, had sug-
gcstcd this employment
Maufy First Witness.
ii, l.. Maury was the first witness called
to the stand for the defense. He is the
young attorney whose conversation with
Jesse Is. ROote regarding Judge IIarncy
figured IN RO0te's testimony "A few days
ago. lie, like Rootc testified that he and
Rooie had been friendly.
Maury testified that in 1901 he and
Judge Pembertou had Offices over Hight
Il fairfcld's jcwelry store.
Asked as TO the conversations with
Rootc the witness said;
"ROote came into my Office one day in
the latter part Of July or first of August
and there we had the first talk Later
that day we had another conversation
there. Still a third talk was had later
at Rootc's house.
Talk Regarding Harney.
"Roote prciaced his first remarks by
asking if | were willing to help Judge
llarncy out OF a difficulty. ! replied that
was. lie then said that he believed /
had acted as attorney for RGs Rochester
Il said had. Then he said that Ilar-
ncy had been making iool Of himself
and had exhibited large amount Of
money-$4,o 900 was the sum named, / be-
licye-about a house sale lie wanted
me to 90 to Rochester and get him to keep
his mouth shut.
For Illegal Services.
IF this was so, if IIarney had exhibit
ed any such amount Of money, told him
that / felt convinced that Judge Harney
had received the money for illegal SER
vices and that he had better tell me all
about it before made fool of myself.
Il was familiar with Judge Harney's
financial affairs before he went on the
bench and | felt sure he could not have
got the money lcgit;mately.
"Mr. Roote said, Well, the truth Of the
business IS that Judge Harney has been
bought in the Minnie Healy case. J. NJ.
Kennedy paid him the money. The money
was paid in that little newspaper office
over there and he pointed to the office
where the Reveille Is printed.
"HE SAID THAT JUDGE HARNEY
HAD TOLD HIM THE WHOLE THING,
AND THAT, IN WHAT tiE TERMED
ONE OF THE JUDGES DRUNKEN