The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1903-09-25
FLOW OF WORDS
B0THERS WITNESS
JUDGE CLANCY SAYS MACGlNNlSS
WILL TALK LAWYERS IN MIN
ME HEALY TO DEATH.
EXPLAINS ALL Statements
Amusing Incidents at the Trial, in Which
Tits and Wranees Are the Order
Of the Proceedings.

entertainment 10 tHe spectators dt tHS Hh-
ME Healy trial today. He was under
cross-examination by Mr. Shores for the
Boston 4 Montana company most of the
day, and the session was enlivened by a
number of tits and wrangles.
Mr.. MacGinniss insisted upon explain
ing nearly all the statements he had made
in the case by him heretofore and pre-
sented TO his attention by Mr.. Shores.
Mr. Shores read testimony to the witness
which the latter had given at the former
trial, at the injunction hearing and yes
terday; and asked the witness If the evil.
dence was correct or not.
Mr.. Shores desired yes or no an
swer, but he rarely succeeded in getting it.
The witness desired to explain his state
ments, which we're full of apparent con-
tradictions, as the testimony below will
show.
Ordered to Be Brief.
Mr.. Shores appealed to the court two
or three times to order the witness to be
briefer and to give direct answers instead
of rambling ones. The court instructed
Mr.. MacGinniss accordingly, but with lit
tie effect.
Mr.. MacGinniss was also asked by his
own attorney, Judge Mediation, to con-
fine himself to the questions, and once
the latter called his attention to the fact
that Mr.. Shores was addressing the court
and not the witness, when the latter was
endcavoring to answer some statement be-
ing made by Mr.. Shores.
Upon one appeal being made to the
court, Judge Clancy turned to the witness
and said:
"Mr. MacGinniss, you're too verbose.
You'll be the death of these lawyers If
you keep on talking"
Kept Right On.
Even with that Mr.. MacGinniss did not
subside. He went on explaining wherever
an opening was presented. His testimony
showed rather mixed state at the close,
and he and Mr.. Shores were unable to
agree in some matters as to what the po-
sition of the witness was regarding them.
When the afternoon session OF the
court opened Mr.. MacGinnss proceeded
with his testimony on dissemination.
Mr.. Shores read lot of old testimony
to him, and he said that he had given
it all.
Some of the old testimony said that
Hcnze had arranged for the bringing of
the damage suit against the Boston x
Montana company in the name OF finlcn
for strategic" purpose. The purpose
was to make it appear that Marcus DAILY,
who was a friend of Finlens, was behind
the suit.
DAILY was we'll known in the community
as a close friend OF Finlen. They had
been friends in Nevada. Daily used Fin
len in politics, and the move would benefit
Heinze in the community.
Want Another Name.
MacGinniss said he had given this tes-
timony.
1t was thought by Heinze at the time
that if he brought the suit in his own name
it would not be so advantageous as II the
suit was brought by some outside party.
When this testimony had been read to
MacGinniss, and he had said he had given
it, he was asked if the purpose for which
he had brought his suit for a receivership
and an injunction against the Boston
Montana company was rot to carry OH the
fight Heinze and his adherents had OH
against that company.
MacGinniss denied this, saying the suit
was for the purpose of protecting what he
thought were the rights given him by his
100 shares Of stock in the company.
Mr.. Shores offered to show by the testi-
mony Of MacGinniss, who did not take the
stand at the receivership trial at all, that
the latter had bought the 100 shares Of
stock after consulting with Mr.. Ileinze
on the subject, and that the purpose Of
the rcceivership suit was to carry OH the
fight, which the witness had admitted in
the testimony read to him, was in exist
encc with the Boston & Montana company
4l.o IA pna laa1 x,tstt l,
Finlen.
Objection Sustained.
Judge Mediation objected to the order
and the objection was sustained by the
court.
1T goes to the credibility of the witness.
1t shows his animus in this action said
Mr.. Shores replying to Judge McHatton's
objection that the offer was immaterial
and not cross-examinaton.
All he got was an exception, however
The examination of MacGinniss was still
on this afternoon at last accounts.
The case opened in the morning with
John MacGinniss on the witness stand
under examination.
Conversation With Finlen.
"Mr. MacGinnss, you testified yester-
day to conversation with Finlen in Octo-
ber r. SAID the lawyer.
"Yes," replied the witness.
"You testified yesterday that on October
10, 1898, Fnlen told you August Chris
tan had been down to the mine and could
find only SO much of All apex, and that
Finlen had said to you that you can send
down your engineers and take hold:"
"Yes."
"Well, didn't you mean to say that Fin
L.. 4 - 4 Al
'fghtF"
II don't think fight or mine was men,
toned. think he said take hold"
"You were witness in the injunction
matter in this case?"
yes SIR.
"Your memory then was quite as good
as ii is now!"
"Ycs."
Testimony at the first trial given by the
witness was read, and in it he had said
that it was well known that Finlen could