The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1903-12-18
SWearS JOhnstOWn Com
pany is Not Subsidiary
to United Copper
As TO {. WAKEFIELD
Witness SWears Latter Has
No Particular COnneC-
ton With Him
SPECIAL TO THE INTER MOUNTAIN.

. T''hh ~ ihE iNiIN MpN NlhN.
Helena, Dec IS.-F. Aug. Heinze swore
on the witness stand in the contempt hear
ing i'll the United States court today before
Judge Beatty that the Iohnstown Mining
company, one of the companies alleged to
be in contempt was not subsidiary com
pany Of the United Copper company.
Neither did he own stock, he said, in the
Johnstown company. He claimed his
brother disposed of the Johnstown com
pany in New York.
The president OF the United Copper
company also swore that Carlos Warfeld
had no business relations with him.
suppressed grin spread itself around the
court room during this surprising state
ment, in which some Of Heinze's employees
even took part.
Mediation Objects.
Before Heinze testified Attorney Nc
Hatton objected to his testfying TO any
thing that might incriminate him and
Judge Beatty said he need not. The wit
ness then told his little story, evidently
trying to evade responsibility for the blow
ing up of the levels of the disputed Butte
mining property. There were a number OF
other witnesses on the stand today.
John Pope, a b. & NJ. engineer, was re-
called to tell again about being refused ad
mission through the Rarus workings when
armed with Judge Knowles order. Prof.
Winchell was also recalled by Mr.. Forbis
to tell of serving a copy of the order on
Supt. ]. II. Trerse, October 10, and OF Al.
Frank refusing to allow him to go into the
ground.
Frank Recalled.
Frank was recalled and said the NJ O.
p. company did not Use the Rarus work
ings very extensively. In reply TO ques-
ton he said the Johnstown company was
mining in various places.
rs il mining in the Michael Dewitt 7"
asked Mr.. Forbis.
Il refuse to answer replied the wit
ness.
i. A. Henze was then called. Mcllat-
ton objected to his testfying, but the court
told them to proceed that Mr.. Hcinze
need not incriminate himself
The witness said among other things
that he had no interest in the company
operating the Minnie Ieay. He said he
owned a Majority of the stock of the
United Copper company and the latter
owned o5 per cent of the NJ. O. p. The
Rarus was transferred to the Johnstown
company for 81 900 900, of which $3oo,-
600 had been paid. The Johnstown did
not belong to the United Copper company.
Have you not testified before that the
Johnstown company would take your ad-
VICE. asked Mr.. Forbis.
"Yes, SIR"
"Would 1t take il now?"
well, anyone in Butte would take my
advice excepting the Amalgamatcd."
with whom did you negotiate the deed
for the Johnstown!"
NO one. My brother, A. p. Heinze
executed the deed in the East last sum
mer."
Asked If he knew Carlos Warield the
witness replied: "He is a friend of mine,
but has no particular connection with me. y
Frank Admits Dynamitine
During the hearing yesterday afternoon
Albert Frank, manager for the Johnstown
Mining company, was called to the stand
by ]. +. Forbs and put through a search
ing examination. He said the Johnstown
company paid the Montana Ore Purchasing
company so cents a ton for hosting ore.
In regard to the blowing up of the 700
level of the Rarus he admitted it had been
done, but claimed that at the time he had
not been served with Judge Knowles or
der of inspection. He said the levels were
destroyed for the purpose of keeping the
Boston Montana men out of the mine.
Other witnesses called by the Butte & Bos-
ton were F. w. Rowe and James Shep-
pard, miners employed in the Mountain
View mine Ed J. Finncgan, one of the
engineers OF the Butte & Boston company
and James d. Pope, another engineer in
the employ of the Butte & Boston; and
McGraw, White and Dean, all miners; Fl.
V. Winchel, ]. II. Trcrise and George
Moulthrop.
Then the Explosion.
F. w. Rowe, who is a miner employed
in the Mountain View mine, told the court
that November 4, he saw Shift Boss Frazer
of the Rarus emerge from an opening of
the Rarus into the Mountain View. He
spoke to him but received no response.
Frazer disappeared into the workings and
soon after the ground shook from the ex-
posion.
James Sheppard, another miner, gave
similar testimony. John d. Pope, Butte
& Boston engineer, told of being unable to
enter the Rarus opening because of the
cave in resulting from the blasting. Nc
Graw testified that he was working for the
Rarus at the time of the blowup and took
part in the preparation Of the blast. 1t was
his recollection that Frank had charge Of
the enterprise.
He recalled hearing Frank say:
What, let those fellows into our mine
nit"
He said there were IS or 90 boxes of
powder exploded on the 7oo-foot level
Miners by the name of White and Dean,
who worked in other levels of the Rarus,
denied knowing anything of the explosion.
Bookkeeper Carnochan of the M. O. P.