The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1903-09-17
HE|NzE COMPLETES
HIS SIDE OF CASE
GOES UNDER CROSS-ExAMlk NATION
IN MINNIE HEAlY-STANDS
FIRE OF QUESTIONS.
ATTORNEY KELLEY IS FINED
Spirited Incident in Which He CoIlides
With the Court While Trying to
Preserve Record.

+. A. Heinze, president Of the United
Copper company, completed his story of
his alleged deal with Miles Finlen. OH the
witness stand i'll Judge Clancy's court to-
day. He went under cross examination
late this afternoon.
His evidence today related to letters and
kilograms which he says he wrote and sent
to his agents at Butte from New York, and
which referred to work in the Minnie
Healy mine. The object Of the evidence
was to show that he had possession of the
mine some time after the conference with
Finlen at the Montana Ore Purchasing
company's Office.
Admitted by Court.
The evidence was admitted by Judge
Clancy against the strenuous objections Of
the attorneys of the Boston & Montana
company, who took the ground that the
evidence consisted of self serving state
ments made by Heinze to his own agents
and which did not bind Finlen, he not be-
ing party to them.
Heinze also went into the question OF
the condition he found the Minnie Healy
mine in when he examined it, according
to his views.
There was no evidence showing that
Heinze got peaceable possession of the
Minnie Healy mine in accordance with or
as an effect of, the alleged agreement OF
Finlen to sell it to him.
Heinze was still on the witness stand
under cross-examination by Attorney John
+. Forbs for the Boston & Montana COM
pany at last accounts this afternoon.
At the opening Of the afternoon ses-
sion Of the court while Heinze was still
under direct examination by his own at
torney, he stated that by February 1900,
few months after the alleged sale of the
property to him by Finlcn, the mine had
increased in value till it was worth from
100000 to $s5o,ooo.
Increases in Value.
He added that there was further in
crease in its value by June Of the same
year.
WAS there any work done in the mine
after the eth OF June, Of that year," Judge
Mediation asked.
Yes WAS the reply.
Any ore extractedf"
"Yes"
''Was the value of the mine much in
creased?"
Very materially"
HAS all of the ore in the mine been
extracted by this time?'
mo, sir. There are very large auanti-
ties of the ore in the mine at this time
! should say hundreds Of thousands Of
tons"
The witness testified that several thou-
sands OF dollars had been expended in op-
Grating the mine. Judge Mediation started
to have him refresh his memory OF the
sums expended by using statement of the
accounts of the NJ. o. p. company. But
the iitIop hactp1 opt of chic r..
the opposition attorneys had discussed the
law OF evidence on the point.
1t was shown by their statements, that
while the law allows a witness to testify
from memoranda of events he took part
in. it hardly allows him to testify for some
body else's memoranda of incidents with
which he had nothing to do and could
have no recollection of.
Opening Of Cross-Examinaton
When the cross-examination of the wit
ness opened, Mr.. Forbis said:
What business did you have with Mr..
Finlen:"
II bought ore from him." the witness
replied
WAS it you or the Montana Ore Pur-
chasing company that bought the ore from
him?"
1T was the Montana Ore Purchasing
company"
DO you use the Montana Ore Purchas-
ing company and L as synonymous terms,
Mr.. Hcinze!' the lawyer inquired.
Il happened to have used them as such
that time" the witness admitted with a
smile.
CoIIides With CAM,
There was a spirited collision between
Attorney Kelley of counsel for the plain
tiff and Judge Clancy at the opening of
the case this morning. The attorney was
fined $Io, but he stood up and valiantly
asserted his right to protect the interests
OF his client i'll an effort to preserve
record in the case.
He refused point blank to sit down at
the pcrcmptory command of the court,
and paid his fine and made the statements
that he had set out to make before taking
his seat.
The episode followed a request by Mr..
Kelley for a change OF the courts min
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