The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1903-09-26
w. w. VISION TESTlFlES FlNlEN
HAD NOMINAL POSSESSION OF
MINE UNTIL FEBRUARY.
FiNLEN PAID FOR SUPPLIES
Wishon Contradicts Other Witnesses
For Henze in the Trial-Heinze
Found Ore in the Mine.

Mics f1nltn Ill November, 1905 the time
when Heinze alleges Finlcn sold him the
mine by oral contract, and who acted as
Finlcn's representative in retaining pos
session OF the mine and guarding Finlen's
rights in i, till possession was wrested
from Finen some time in 800. gave testi-
mony at the Minnie llealy trial today.
He was put OH the stand yesterday
afternoon TO testify for ieinze, and his
testimony today was given under cross
examination by the attorneys Tor the Bos-
ton x Montana side of the controversy
MIR. Visions evidence was interesting
for the reason that he contradicted the
other witnesses for Heinze, and Hcnze
himself, regarding the question OF who had
possession OF the Minnie ilcay mine after
the date upon which lIeinze and his other
witnesses say Finlen transferred posses
sion OF the property TO the president of
the United Copper company
Went to Take Possession
Under cross-examination this morning
MIR. Wishon testified that he went 10 the
Minnie Healy mine as late as February
"a, 1890. to take physical possession OF it
and close it down, III accordance with in
struciions received from his principal.
Miles Finlen.
He also testified that he believed Finlen
mad nominal possession OF the mine then
ana posSessory rights. and that he hau
heretofore been directed to look at the
work gong OH i'll the mine now and then
us finlehs representative. and had done
so, and in that had maintained Finlens
nominal possession.
Another important piece Of evidence
given by Mr.. Wishon since he took the
stand yesterday, was that Heinze found ore
exposed III the mine when his foreman. +.
j.. Mahoney. went into the actual posses
sion or charge OF the n,ire late in Decem-
her, 1903.
Said There Was No Ore.
fleinze and his other witnesses, includ-
ing Mahoney, said that there was no ore
exposed i'll the mine al the time designated.
Mr.. Wishon gave interesting evidence
on the point of whether or not Finlen paid
The expenses of the mire after the time
Henze claims possession was transferred
and the rights Of Finlen sold to him by
oral contract.
Mr.. Wishon testified that Finlen paid
Tor four or five cars of orc. and that sun
plies were sent to Fnlcn's office from the
Montana Ore Purchasing company and
that pay for them was demanded by an
agent of the company named, and that
they were paid for by Finlcn.
Mr.. Wishon said that the supplies were
first returned to the Montana Ore Purchas-
ing company, and then sent to Finlen once
more.
MIR. VISIONS testimony agreed very well
with that which he had given at the pre.
vious trial and at the injunction proceed
ing.
Clancy Refused Evidence.
An effort was made by Judge Mediation
to draw evidence from the witness concern
ing the so-called north vein in the Minnie
Healy mine, and about what he knew
about the suit for damages brought against
the Boston & Montana company by Henzc
in the name OF Finlen the month following
the month in which the alleged oral con
tract was alleged to have been made.
But Judge Clancy refused to try any
damage suits along with the Minnie Healy
suit for title and possession.
When the court opened in the morning
Judge Mediation rose and said:
III 1t please the court, | want TO offer
further objection to the offer made yes
terday by Mr.. Shores to prove certain
things by Mr.. MacGinniss'
Mrs. Brackets Part.
Mr.. Shores had offered to prove Mrs.
Brackets relations with Judge Harvey by
the witness
I'VE object TO the offer as improper for
the purpose of impeachins the witness or
affecting his evidence" Judge McHatton
added.
Mr.. Kelley opposed the offer OF the
added objection. saying. For the pur-
pose OF preserving the record, we object
to the amendment offered to the objection
thot; ;c
the matter again"
We'll, the objection to the offer to
amend the objection is overruled," said the
court and an exception was allowed
W.. w. Wishon, who went on the stand
yesterday for Heinze, took the stand again
at this point.
Mr.. Forbis read some old testimony of
the witness and asked the latter about it.
The old testimony said that the witness
could not recall when he went out of pos
session of the Minnie Healy mine as Fin-
lens superintendent, the position he held
at the time the alleged deal was made by
Finlen with Heinze. He could not recall
that he had ever gone to the mine with
Henze or his representatives and given
them possession.
lie did not see the actual transfer of
possession from Finen to Henze, the old
SSsliHoIy icldlSu.
His Testimony.
us that your testimony" he was asked
"Yes.'
rs that what you testify to now?'
eyes, SIR"
Did you testify at the injunction hear
ing"
eyes, SIR"
IN ask you, Mr.. Wishon, il some sup
ples did not come to Finlen's office from |
Heinze's office, and il you did not return
them; and if they were not turned back |
again to you:"
Yes, sir; that happened once"
Did not lleinze's agent at that time ask
you to pay for the supplies ??'
"Yes. SIR"
And you paid for them for Finlen?"
"Yes, SIR"
Can you say how often you visited the