The Butte inter mountain., 1903-01-14
|CROSS-EXAMINATION OF j. B. ROOTE
Minnie t1eay
of RecelIn

the district court at the time of the llar-
ncy habeas corpus proceedings that as TO
what he knew about what Harvey got in
the Minnie lIealy case but that he could
not divulge the information. Roote said
he never told {. w. Clark llarney had
received 100000.
AT the afternoon session Attorney Wal
lace resumed the cross-ex examination OF Mr..
Rootc. lie took up again the conversation
alleged to have been had between Mr..
Shores and Mr.. Rootc in Mr.. Shores
office sometime between July % and
August ,.
In that conversation" said Mr.. Wal
lace, did you say to Mr.. Shores that you
were sorry for llarney; that he had made
darned fool of himself; that he was
afraid OF criminal prosecution at the hands
of your people; that he was afraid they
might send him to Deer Lodge ?"
No" was the reply. The witness dc.
clared. further. that he had no rccolcc-
tion of any such conversation at ALL He
repeated this denial to all further ques.
iions regarding the conversation.
Did you," continued Mr.. Wallace. tell
Mr.. Shores that il lIarney was not prose
outed and the afiidavts in the Bracket
ney would agree to grant a new trial 2"
mo. | might have said that in sub
stance in what | said to Carroll. using
the word know as meaning that was
morally convinced OF the fact. might
have used the word know not from abso.
lutte knowledge, but firm belief Just az
you have heard people say, i know Molin
eaux was guilty when in reality they
didn't know n thipu all :, H.. 4
said such thing TO Mr. Carroll | did sc
not from any conversation | ever had
with Harvey"
did Mr.. Shores not say" went on Mr.
Wallace, that he was not going TO buy a
new trial -
No, he did not say anything Of the
kind"
Didn't he say Iiarney could not be
trusted?"
Again ! want 10 say that | have no
recollection of such an interview"
Didn't you say that Harney would take
the matter up on his own motion and
grant a new trial 7"
The same answer" said Roote. shortly.
And If Shores did not say that IIarney
had no power TO do so 7"
Ihe same answer"
W. oPtah VI InttllIlk OHDftS several
times about this time although you say you
nave no recollection of this particular
meeting in his Office? 7"
i say | met him frequently between
those dates mentioned-July q and August
but do not know whether was ever
III ms Office or not. ! may have been in
there, but ] recollect no such interview as
you speak Of"
Did you not tell Mr. Shores that Uar-
ney was guilty; that he had sold the de-
cislon IN the Minnie Ilealy case for
money!"
Between what timci" asked the wit
ness
Those same dates--July 23 AMI
August g."
cannot say as to that time. male
such a statement TO Charley Clark and II
is barely possible | may have said such a
thing to Mr.. Shores later than this. After
August S Charley Clark thoroughly con
vnced me that Harney was guilty Fur
thermore there were a great number OF
street rumors afoat at that time of the
same effect as the charges made in the af
fdayit and some that were not embodicd
in the charges. Thus ! had the idea
firmly in my mind that lIarney was guilty.
] might have expressed myself in conf
dence to some one Of whose honor felt
assured to that effect | might even have
said that knew Harvey was guilty, using
the word know in the sense | have ex,
planned. If did my statement was based
on the various rumors | had heard AMI
not on anything that Harney had told
me-"
On the conclusion Of the cross -examina
tion Mr.. Breen took the witness in hand