The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1903-09-29
HE|NzE EVIDENCE
IS FINALLY CLOSED
TESTIMONY FOR DEFENDANT IN
THE MINNIE HEALY TRIAL HAS
REACHED A PERIOD.
IMITATION is CONTRADICTORY
Ho Told Fnlen He Was for Heinze--ln-
formation Was Not Warming
Testimony Today.

case in the Minnie Healy trial before
Judge Clancy today. Judge Mediation an
nounced that all his evidence was in at
3:I5 o'clock this afternoon. The court
then took an adjournment till 10 o'clock
tomorrow morning to allow the Finlen
lawyers to get ready to present their evil
dcnce.
Judge Mediation was on the stand till
nearly noon today. He spent most of the
time under cross-examination by Mr.
Forbis J. G. Dawson followed Mediation
for Heinze, and he was the final witness.
Was Not Warning.
Judge Mediation testified this morning
that he had told fnlen that he was
Heinze's attorney, but that he had not
meant the statement to be a warning to
Finlen. Finlen had asked him to draw the
written contract agreed upon, he said,
and to protect his interests in doing so.
He also testified under cross-examina-
ton that his memoranda Of the terms of
the alleged contract showed that Heinze
was to pay the expenses of the damage suit
to be brought against the Boston K Mon
tana company and also to get the net pro-
ceeds from the recovery, If there were any.
As to Net Proceeds.
He denied that Finlen was to have the
net proceeds or that they were to be ap-
piled to the payment of the $4,000 to
Finlen. He denied that his memoranda
on the subject meant this.
This evidence was contradictory of that
from the witnesses who were at the con-
ference in the M. o. p. Office, including
Mediation, which was to the effect that
Heinze had agreed to apply the recovery
from the suit and the proceeds from the
Minnie Healy mine to paying Finlen's
price.
When the case opened this morning
Judge Mediation resumed testifying for
Heinze OH cross-examination.
The judge said he wanted to explain two
or three of his statements of yesterday
before the examination was proceeded
with.
well" said the court, you may do
what John MacGinniss did"
mo; I'll try not to do that" the witness
said.
He Told Heinze About It.
The witness then explained that while
he had said yesterday that he had not
mentioned TO Heinzc his meeting with Fin
len when the latter had declared the con-
tract for the sale OF the Minnie Healy off.
according to his testimony, he recalled
now that he had told Heinze about the
meeting. This meeting with Finlen was
on East Broadway two or three months
after the alleged transfer. Judge McHat-
ton also corrected three or four other
statements OF yesterday.
Judge Mediation made lengthy ex-
plaraton of what he thought the rights OF
Finlcn and Hcinze were, relating to the
Minnie Healy mine, at the time he die
fatp ho aip in he
against the Boston & Montana company.
lie said that it was his view Of the
law, at the time, that the parties had
rights which enabled them--Fnlen and
Heinze--to bring the suit in the way il was
brought.
"And this was within two weeks after
the conference over the agreement, when
Finlen conveyed his rights TO Henze?"
Mr.. Forbis asked.
YES" the witness replied.
"What particular work was Mr. Hcnze
to do?" Mr.. Forbis asked.
To Do Necessary Work.
"Mr. Heinze was to go in and do what
ever work might be necessary under the
bonds and leases, and whatever develop
ment work he cared to do" the witness
replied.
"What were his obligations if he did
not do that?'
81 can't say what they were exactly.
They were not defined"
WAS anything said as to that?"
mo"
"Well, then, what work did Mr. Henze
have to do?"
"Hc was to do whatever was necessary
to keep the bonds and leases alive"
"What was that!"
'Ivc said all that was said and done.
That's all | can say"
"Was any particular time specified as
TO when that work was to be done?"
NO"
"Then Hcinzc's own desires controlled
all those matters?"
X Rested With Him.
"Wcll, it was just what / said about it,"
"Well. no penalty was expressed was
there, II Heinze defauted?'
"Mr. Fnlcn said, believe you testified
Go right along as il this were all in
writing?"
~ don't recall that used that language.
Fnlcn said, Go right along. We under
stand each other. I'll sign the contract
when come back My word is as good as
my bond Go ahead. You can do as you
please about those Matters" Judge Nc
Hatton replied.
"Then you don't recall that he said, Go
right ahead just as if this were all in writ
ing?"
The court interfered here, saying he
thought the matters under attention had
been covered before. Mr. Forbis denied
that.
go ahead, then, and don't repeat" the
court said.
The witness replied: "No; not just
those words"
didn't you testify yesterday that he
told you to go ahead and prepare the writ
ing and to see that his interests were
protected, and so it wouldn't be necessary
for him to get an Attorney" the lawyer
said, changing the subject.
"Yes," the witness replied
Then he began to explain what he had