The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1903-09-24
MACC|NN|SS TALKS
At AEALY TRIAL
ADMITS THAT HE is INTERESTED
IN A SENSE IN DEFEAT OF
HEiNZE IN SUIT.
he OWNS SOME B. & M. STOCK
He Secs No Reason, However, Why He
Should Help the Company to Win
Out In the Litigation.

John MacGinniss, the vice president OF
che Montana Ore Purchasing company
and Heinxe's personal agent, gave testi-
mony at the Minnie Healy trial today
Mr.. MacGinniss made the interesting
admission that he was, i'll sense, inter-
ested in the defeat of +. "a. Heinze in the
Minnie Healy suit. His interest was
founded on the fact that he is an owner
of 100 shares of the stock of the Boston
h Montana company, and the company is
the adversary Of Heinze in the action.
Il ls No Reason.
Mr.. MacGinniss said however, that he
saw no reason for helping the Boston 4
Montana company to win the suit The
100 shares Of the stock of the concern
appeared to be no consideration for any
thing of the kind in his eyes, although he
admitted possessing it, and his attention
was called to the fact by Mr.. Shores when
the latter cross-examined him.
Another interesting point in Mr.. Mac
Ginniss' testimony was statement OF his
that he did not know whether an interest
in the Minnie Healy mine had been trans
ferred TO him or not. Transfers Of real
had happened to him in the past, he said
anu SuCH tHlIIBS HllRHt Hpppcu W MN
again. He had his doubts, however, as to
whether he was an owner in the Minnie
Healy without knowing it.
He Will Ascertain.
He told Mr. Shores he would endeavor
to find out about the matter for the latter.
Then he took that offer back, and said he
would endeavor to find out if the court
required him to do so, but not otherwise.
One Of the noticeable things at the trial
today was the lack of memory displayed by
A. p. Hcinze in his cross-examination by
the attorneys for the Boston & Montana
company. He could not remember more
than one particular in five of the transac-
tions with Finlen which he had testified to
on direct examination, and he was uncer-
tain as to nearly everything. His memory
of many events seemed to have become
blank.
MacGinniss Takes Stand.
When the afternoon session of the court
opened John MacGinniss took the stand,
and his cross-examination was resumed.
The subject of inquiry by Mr.. Shores was
what had happened between MacGinniss
and John Telling, at the time Telling had
offered TO show MacGinniss ore bodies in
the Piccola claim, the property of the Bos-
ton a. Montana company, that apexed in
the Minnie Heay claim.
'"What did Telling tell you?" the lawyer
asked.
''Iie said that he and William Hendy
had worked in good ore bodies in the Pic
cola claim that he was sure apexed in the
Minnie Healy if they maintained their
dips. He said there was one streak of ore
that must go there" the witness replied.
Telling Proposed It.
The witness said that Telling had pro-
posed that the witness, or Heinze, which
seemed to be the same thing, should get
hold of the Minnie Healy, and then that
Telling would give the information he had
spoken Of for a quarter interest in the
claim.
"His proposal contemplated an attack on
the Boston & Montana company" inquired
the lawyer
No; don't think that was the case.
] think Telling's idea was to work the
part of the ore bodies that was within
the Minnie Healy lines" MacGinniss re-
piled.
Had he conveyed his information to the
Boston 4 Montana company"
Wanted to Sell II.
SHOuIu uTdW TIC IOUSiuSlUu IIOUl
what he said that he had not done any
thing of the kind"
well, he wanted to sell his informa-
ton, did her"
That's conclusion" the witness re-
piled.
mot necessarily" said the lawycr.w
asked for the fact"
"I've told you what / understood it
10 be-" als IuG|1GN
"And the proposition involved the pro
vision that Mr.. Finlen shouldn't be told?"
"No; don't think So"
"Isn't it a fact that the Montana Ore
Purchasing company was engaged in at
tacks on the Boston & Montana company,
and is it not fact that Telling assigned
that as the reason for his coming to you?"
the lawyer wanted to know.
No; the fact was that the Anal
gamated company was trying to drive all
the lesser companies into one camp, and
that the Boston Il Montana company was
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