The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1903-07-14
Senator J. IA. Kennedy
Makes Admissions in
DiSbarment Case.
TRIAL is RESUMED
Early Statements Made by
Judge Harvey En-
phatically Denied.

After rest, lasting from January aI
last, the trial OF Attorney Arthur ].
Shores on the disbarment proceedings in
stitutcd by Judge Il. W. Harney last fan
was resumed before Judge McClernan in
the district court this morning. 1t will
continue probably ten days.
The feature of today's proceedings was
the cross-eXamination OF State Senator J.
NJ. Kennedy of Deer Lodge county, one
OF the witnesses for the prosecution.
Kennedy gave his direct examination
during the progress OF the trial last Jam
uary.
Today he was put on the stand the first
thing in the morning and was still on
late this afternoon.
Rigid in the Extreme.
The cross-examination was conducted by
Attorney William Wallace, Jr.. of Helena
Of counsel for the defense, and was rigid
in the extreme.
II succeeded in shaking the direct tes-
timony OF the witness in several particu-
lars and brought out several important
contradictions.
VI iioihHNN ~ pDlilpil VI JuuEt 11dF-
ney's testimony was denied point blank
1t will be remembered that Harvey
swore that on the early morning OF August
8, following the famous session in the
Thornton hotel rooms, he (Harney) and
Mrs. Ada II. Bracket had driven to Mrs
Brackets home, in front Of which they
had met J. NJ. Kennedy and John Mac
Gnniss and discussed the events Of the
night Kennedy today swore that no such
meeting or conversation took place.
He's Not Positive.
In his direct examination last January
Kennedy swore to hearing Harney's voice
coming from the rooms where the session
was in progress.
Today he declared he could not be posi-
tive that it was Ilarney's voice he heard.
lie was annoyed plainly by series of
questions regarding his reasons for going
TO the house Of Mrs. Bracket at 3 a. M,
August 9. 1901, while the session at the
hotel was in progress.
lie said he had believed that the per-
sons holding the conference were about
to send for her, but his explanation of
what led him to that belief was not full
nor very convincing.
An interesting feature Of his cross-ex-
animation was what was developed CON
cerning kennedy's relations with +. August
Heinze.
Drawing Henze Money.
Kennedy admitted that he had been
steadily in Heinze's employ, drawing sal
ary every month, since May 1907, two
months after the adjournment OF the leg
islaturc in which he had figured as Helm
ze's chief Spokesman in the senate.
He admitted that while drawing nav
he had also sat in the last legislative as
sembly, that of this year, and that he
had endeavored to promote the Heinze
measures there and to oppose those op-
posed by Hcinzc.
1t came out in his cross examination
that the question aG to his being still in
lleinze's employ is still in doubt. Kennedy
said he was not sure that he is still draw
ing pay.
Makes Spectators Smile.
His statement that his business is now |
OF rancher brought out a broad and |
general smile in which the witness, who |
was attired in an eloquent not TO saw
noisy, summer suit and who looked par
ticularly gay and festive and well
groomed joined.
Not large crowd was present in the
court room this morning. The spectators
for the greater part were those interested
IN the case.
i. Aug. Heinzc was not there, but John
McGinnss was much in evidence while
the OFarrell, as he did at the previous
.cssions, occupied a conspicuous place in
the jury box.
No Objections Made.
County Attorney Brecn, of course, was
there for the prosecution, but he was a
luet man this morning and Judge Nc
-lernan was not required to pass on a
single objection.
Beside him sat the complainant, Judoe
Hlarney, who has just returned from the
Springs.
The defendant sat few feet from Judpe
1arney in the group OF his lawyers. These
IRE J. +. Vaile of Denver, William Wal
ace Jr, who has charge of the Kennedy
discrimination II. G. McIntire of
Helena, c. B. Nolan of Helena and 7 /
}. Evans of this city. |
Back near the rail sat Tom Kinds ana
'thers who are interested in the case.
<Conuaued on Page Ten.)