New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-08-19
SUBPOENA FOR HEINZE.
Frederick augustus Wanted to Tes-
tify IN Copper Suit.

A subpoena was issued yesterday in the United
States Circuit Court requiring the attendance
Of Frederick Augustus Heinze, OF Montana. be-
fore Clifford c. Roberts. notary public OF No.
16 Willianl-st-. August 23 at IL a. m, to
testify in action begun by the Boston and
Montana Consolidated Copper and Silver Mining
Company against the Johnstown Mining Com
psny.
The process was issued as result Of an
affidavit by William ". Bennett. of AEoEIhsny
& Bennett. attorneys OF No. Il wilIism-st- II
tells OF The action. and says in part:
This is an action to recover $4,000 as
damages for the conversion by the defendant OF
the ores removed by IL from the mines and
veins belonging TO the plaintiff.
The testimony of Frederick Augustus Heinz
will be necessary and material TO the plaintiff
upon the trial OF this action. I Informed
and believe that the defendant corpora ton was
organized by and on behalf OF the said Fred
ertck Augustus HeinZe, and that the said cor
poration is controlled by him and operated in
his interest His testimony will accordingly be
necessary in order to prove thereby upon the
trial of this action that the wrongful acts al
legged in the complaint were committed by the
defendant
I am informed and believe that the said
Frederick Augustus Heinze left Butte, Mont,
he arrived in New-York City on the morning of
Wednesday, August L. 1904. / am also in
formed and believe that his sojourn in this dis
trict will be short. and that he will depart from
the district, and that he will return TO the city
of Butte Mont, where he resides. in very few
days after he arrived, and that he will not be
here 20 attend the trial
Thus far the complaint in the action referred
to has not been fled in the clerks Office Of the
United States Circuit Court.
Two detectives. 1t is understood. were search
ing for Heinze yesterday to serve him with the
subpoena
In recent decision OF the Montana Supreme
Court on the in question the Hsinze in
terests lost about two-ffths OF the veins claimed
by him in the depths. that is. under the ANAL
gamated surface
President Scollen Of the Anaconda Copper
Company. which has bitterly fought the Heinzs
interests, said at the time:
Our surveyor. estimate that Heinzs has taken
out in the last two or three years approximately
million OF dollars from portion OF ground
cision and awarded TO the Boston and Montana
company (Amalgamated). for which he will
probably be liable.
Pending appeal the Heinze interests applied
for and obtained leave to take out OF the
property. giving bonds. The veins were in
part Of the Pennsylvania mine. Security OF
S1110OO0 was put up The Heinze interests
offered as a part OF the security bonds OF the
Delaware Security Company. the president OF
which man named Martin. brother-in-
law OF of the Heinzes. Mr.. Martin swore
the capital OF the Delaware Security Company
was paid in, which later resulted in his being
accused OF perjury.
Process servers and detectives had q lively
time in March. 1901, in serving Arson r
Flower. William G. Rockefeller. Frederic P. OIL
colt, James Stfllman. Robert Bacon, Leonard
Lewisehn p ]. Mcintosh and Henry H. Rog-
ers, who commanded to appear before
Commissioner Klein and give evidence IN ac-
tons begun in the United States Circuit Court
of Montana by the Boston and Montana Con-
soIidated Copper and Silver Mining Company
against the Montana Ore Purchasing Company.
the Chill Gold Mining Company. John McGin-
mis- E. L. Whitmore and Carlos Warheld. Mr..
Flower refused to appear and he was irnue-
diately charged with contempt. The United
States Supreme Court finally decided that he
was not in contempt In all the copper ntisa-
ton there has been much difficulty in securing
the attendance OF witnesses. most OF whom were
the wealthy owners of the copper stock II ques-
ton.