The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1903-09-28
JUDGE NJ M'HATTON
GIVES EVIDENCE
HIS VERSION OF THE CONFERENCE
OVER MINNIE HEALY AT THE
HElNzE OFFICE is IN.
HE WAS HEINzE'S ATTORNEY
Judge Clancy Admits the Testimony Pro-
visionalIy-Result viii Not Affect
McHatton's Fee.

at the Minnie Healy trial today. He went
on the stand very soon after the morn
ing session of the court, and he gave
detailed description of what occurred iii
the office of the Montana Ore Purchasing
company on November Il, 1893, at the
meeting there between Miles Finlen and
+. A. Heinze. A. p. Heinze, John MacGin-
Miss and the witness, at which Heinze al
leges Finlen transferred his interests in
the Minnie Healy mine to Heinze by oral
agreement.
Judge Mediation testified under the OBJ
lection Of Finlen's attorneys, who held that
Mediation had been Finens attorney dur
ing the time of the occurrence of the mat
tiers in dispute. and that all of Finen's
statements to Mediation then were prvi-
legged communications between attorney and
client and should not be revealed.
Judge Clancy overruled the objection
TO Judge McHatton's testimony provision
ally. He said that he would admit the
testimony for the time, but would hear
motion to strike it out afterwards.
He Was Heinze's Attorney.
Judge Mediation denied that he had
acted as Finen's attorney. He declared
he was Heinze's attorney.
He admitted that Finlen asked him to
protect the latter's rights in drawing the
written form of the contract with Heinze.
but said he had told Finlen that he could
not and would not act as Finlen's attorney.
Judge Mediation testified that Finlen
had once repudated the contract TO him
in the months following the conference
at MacGinnss' office.
Judge Mediation was asked if he had
any interest in the outcome Of the suit
between Finlen and Heinze on trial, and
he said he had no interest beyond pro-
fessional one He averred that it would
not make a cents difference to him
whether the sut was lost or won.
Judge Mediation also testified that once
at Helena in the spring of 1899, Finlen
told him that Fnlen was coming over
to Butte to take possession of the Minnie
Healy claim, and that Finlen said he
would put his life against the issue.
When the case opened in the morning
Judge Mediation called l.. l.. Mahoney,
Heinze's aforetime foreman at the Minnie
Healy mine, to the stand to answer few
questions about the Minnie Healy time
checks.
Il desire to recall Mr. Mahoney for
question or two said Judge Mediation.
Very we'll" said the court, and the
witness took the stand for the fourth
time.
Spoke to A. Henze.
Mr.. Mahoney, you said you spoke to
Mr.. Arthur Hcinze about the time checks
and the time of the men at the Minnie
Healy. How did that come about ?" Judge
Mediation said.
''On the I5th or 10Th of February 1890,
at 2 in the afternoon, | was standing at
the blacksmith shop in the northeast cor
ner OF the works at the Minnie Healy mine
when a gentleman came in the door. 1t
was showing hard and the man asked who
was foreman.
He happened to be talking to ME, and
told him I was foreman. He told me
lie wanted the names OF all the men
in the mine ] asked him who he was.
He said he represented the Hennessy
Mercantile company.
Il told him neither the Hcnnessy Mcr-
camille company or anyone else could get
the names Of the men. ! told Mr.. Heinze
about the matter. and he told me to send
the time checks to the Montana Ore Pur-
chasing company's Office" the witness re-
piled.
First Sucl, Order.
did you ever receive any instructions
before that to send the time checks to
the Montana Ore Purchasing company's Of
fice!"
NO" the witness said
There was no cross examination.
The witness left the stand, and Judge
Mediation was sworn as witness and
took his place.
Judge Mediation, where do you live"
Mr.. Leonard, the judges associate counsel,
asked.
Butte" returned Witness Mediation.
ba,a ~
Eighteen years.
What is your business"
Il am an attorney at law. have prac-
ticed my profession all the time since |
have been here, excepting about seven
years, during which ] was judge of this
court" Witness Mediation replied.
did you see Miles Finlcn on or about
the Ist of November, 1882"
Mr.. Forbis, for the plaintiff, Finlcn, in
terposed an objection, saying:
I'VE object to the testimony of this
witness. We object to his giving any
testimony. He was the attorney of Mr..
Finlcn. Any statements made to him by
Finen are privileged, and he is not per-
mitted to reveal them. 1t is agreed, l
believe, that Judge Mediation acted as
Finlen's attorney, and it was not de-
termined whether Judge Mediation was to
be Finlen's attorney temporarily or per-
manently. All condolences between them
were privileged, and the witness should
not be allowed to testify to them"
Mr.. Leonard took the ground that all
the testimony showed that Mediation was
attorney for Heinze and not Finen.
lie may have acted for Finlen in the
Boston K Montana company suit, but not
otherwise. There was nothing in the testi-
mony to show that Mediation was the at
torney for Finlen. YOU may cross-exan,-
inc the judge and determine the matter
that way" said he.
Cross-Exannination lmn1ateriai.
Mr.. Forbis replied: $50 far as the
s-questioning of Judge Mediation is
concerned, ! do not think that is material.
I'VE find the testimony shows positively
that Judge Mediation was the attorney for
Finlen. His name is attached to the com
plaint in the B. & NJ suit as Finle,l's at