The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-07-25
BLACK FRIDAY FOR HEINZE.
TWO COURT DECISIONS FAVOR
ABLE TO AMALGAMATED.
New Trial Ordered In Celebrated Minnie
Healy Milne Case. in which Judge
Harvey Hs Scored. and Defeat for
His Bank Insolvency Application.

Hoaly Milne Case. In which Judge
Harvey rs Scored. and Defeat for
Ills Bank Insolvency Application.
HELENA, Mon, July A.--This was indeed
BLACK Friday" for F. Augustus Heinge.
the young copper operator, and q cor
respondingly bright one for the Amalga-
mated Copper Company.
Not only did the Supreme Court order
new trial In the celebrated Minnie Healy
case, because Of the questionable conduct
Of District Judge E. W. Harvey. who de-
cided the case In favor Of Heinze, but also
turned down Heinze's application to order
cash substitute for tl25.OO0 certified check
deposited with the court by the DAILY Bank
and Trust Company as q bond for the
Amalgamated In the Minnie Healy case
because Of the trust company's alleged in
solvency.
The Supreme Court also modified the
injunction secured by Heinze at Butte in
tho celebrated Npper case. This also
favored tho Amalgamated.
The Supreme Court reversed the judg-
ment Of the District Court Of Silver Bow
CCAhty AL bAO Cub0 "a NAlAc0 rlAAAdA nAullipt
F. Augustus Heinze and others, Familiarity
known as the Minnie Healy case, wherein
F. Augustus Heinze got title to the ten
milllon-dollar mine.
II 70 ordered that the action be tried
again on the grounds that the appellants
did not receive fair trial'at the hands Of
Judge Harvey, whose famous affldavits
come In for q good share OF consideration
before tho final conclusion OF the court
Is reached.
With the exception of that part OF the
opinion Of the court referring to the actions
of Judge Harvey, on and OF the bench,
and the alleged collision with Mrs. Bracket,
which forms tho basis Of the granting OF
the new trial, the points are all questions
of law. The opinion Ia by Associate Justice
Referring to the afidavits Of Judge
Harvey, the Court said:
The record contains number Of affidavits
fled on behalf OF the plain,ii In SUPPORT Of
his motion. These contain recit ais ahtcn,
If true would demonstrate that the District
Judge who tried this case was c0mpei ~
lost 70 all sense Of decency und rropriery
and that he made OF the occuaion while OIL
the bench q carnival Of ,aruukenness and
S nnSa yo TH SSs cS S
y 1t Is charged in these aGidaylts that during
the time this case was on trial and unde
between Mrs, Bracket, the employee re.
so the so-csd Rearis Litter va sa
taehed 70 and makes pGrt OF the IA i,yits.
This letter. profuse in the expression Of the
married man. living With his family would
hardly be considered proper court record.
but for its, direct allusion to this suit then
answer thereto. which. it p charged. was
written by Judge Harvey. addressed TO Mrs;
Bracket and at the judges request delivered
20 her The opening statement OF that letter.
my DEAR MRs BnAcKRTT: l have received
your ieuer anu will DC sInd TO talk lurth'
with you on the subject therein mentioned.
On account OF pain, ia my ankle ] did not
sleep last night. ! have been listening to
arguments concerning the Minnie H., and
they will probably consume all OF tomorrow.
! will see you tomorrow evening If YOU are
Il have some matters that must attend
to this evening. l appreciate your solici-
tude and your feelings, which are reciLro-
Gated. as YOU know. and beg you not 10
be uneasy,
-Deare" letter contains an offer OF financial
assistance to Judl. Harvey. reminds him who
his friends were before he was Judge Harvey.
CONTAINS LHe HtaLeIlSnU LndL its To luNul .
after no leaves the bench she ia empowered
TO promise him certain things which will
assure that most generously. and then refers
TO statement which she Say 3Hdgs Har ,hs
case, the full import OF the answer Is ap-
parent.
-Dearie" letter which could with any show
OF proprlety be the proper subject OF discus
sion between Judge irving a cause ana an
employee OF one OF the parties to the action.
mn "A M n n L.
tion to Mrs. Bracket To discuss further the
subject matter Of her letter.
Judge Harvey did give counter nce to the
charges made against him to the extent
OF denying one OF two OF the specific matters
ALLEGED, but his affidavit Y most remarka i PIE
for What it does not a ne 1er adsyts sd
particularly, Of time and place, numerous
rGyc5y Win Mrs nratE %s ns BGts Sns
does seem most remarkable. that. having
made an gh.davit. Judge Harvey shout Idi
charges made. against him and notably failed
to deny that he wrote the answer to the So
called "Dearie" letter II may be that no
wrong was done in this instance, but. II so.
the record before this court for review ~
In a most unfortunate condition.
A corrupt attempt 10 lnhnence verdict
of 4 Jury or decision of Il court Is always
a ground for new trial. wit hout reference
10 the merits OF he case Hnd whct her sue
cess!> OF not. The law - 80 sensitive upon
this subject that nfaiavits not explained
AWAY casting Suspicion of such misconduct
or the prevailing party VIII void the jung
ment,
down may result in great injustice In isolated
cases, tho wh0lesomeness Of the doctrins
cannot DO questioned. The Judgment in this
case will be set aside. not as punishmsnS
interference with the dignfsd and orderly
course Of judicial proceedings may be
given countenance In the Jurisprudence OF
this State.
Late this afternoon the Supreme Court
denied the application of Heinze, made to-
day, for an order directing that the one
hundred. and-twenty-fv Thousand dollar
bond In the Minnie Eealy case be cashed,
thus disposing OF tie attack uron the DAILY
Bank OF Butte, made by the president of TIE
United Copper Company through his coun-
sci.
In response to this motion counsel for
the opposition filed an answer, denying the
allegations of the affidavit and stating that
solvent and perfectly able to meet Ito obi
cations; that the State Savings Bank, the
Etna Banking and Trust Company and
the Silver Bow National Bank, named In tho
motion Gs the ones In which II is reol ested
the court sees fit to deposit the SIPS, 900 and
In which Henze Is financially Interested,
would not he satisfactory to the appellants
for the res son that neither of the b nks
would, In the opinion OF the appellants, be
satisfactorily responsible for the amount
OF the check OF for ny amount.
With this response were filed the AMI
davits Of John D. Ryan. president of the
DAILY Bank and Trust Company OF Butte.
Alexandcr J, tombstone Of the W, A. Clark
and Bro. bank and Andrew j.. Davis.
= a. ~ n n 10