The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1904-05-16
MERGERS METHODS
OF SELLING TIMBER;
FORMER AGENT UNDER FIERCE
CROSS EXANIINATION.
Commonwealth Company Shown to
Have Established Its Camps Under
a Verbal Agreement Only-Case
May Reach the Jury Tomorrow

Special to The Journal.

special to The journal.
Fergus Falls. Mimi, May 16.-Captain
MERGERS testimony in the Commonwealth
lumber suit threw a flood of light on his
methods of disposing Of the timber on
Indian lands, and explains in large meas
ure why the government scored him so
severely in it's amended answer in the
present suit. .. ~>-
In his direct examina ton he explained
that. he was busy with other affairs and
made the best arrangements he could for
the disposal Of the timber. Under cross
examination, which was unusually search
ing, he admitted that the description OF
the lands from which the dead and down
timber was to be cut was generally fur
nished blythe persons who desired to pur-
chase the logs. He admitted that Ray
w. Jones Of the Commonwealth company
had furnished him with such descriptions,
and he allowed him to go ahead and eS-
tablish camps on the land with nothing:
more than a verbal agreement that the
cost Of removing the timber, which the
company was afterwards to purchase for
$3.50 thousand, was not to exceed 50. %
a thousand. The company had operated
under this verbal agreement from Novem-
Der until jan 20, when it had given him!
the written contract signed by Doucette,
one of it's workmen.
Acted as Logger as Well. !
He then testified that he preferred to
have the firm that purchased the logs also
act as logger in removing them from the
land, as it would naturally cut them in
mercha ntable lengths, and could not re-
fuse to buy what 1t had cut. It would
mitted. *hssss'S8 1
THE district attorney thereupon asked
him if he considered Doucette a respon-
sible party and he said that he knew
nothing about him, but the company was
behind him. He was asked if he did not
realize that in accepting contract from
Doucette, a company workman, he was re-
lieving the company from responsibility
and substituting an irresponsible party,
and he said he did not understand 1t that
way altho he admitted that the company
had made no written Endorsement Of the
Doucetts contract and had objected to
signing contract itself on the ground
that some of it's officers were out Of the
state and could not be consulted. Then
District Attorney Houpt took up another
| line Of questioning.
t'You say, captain, that it was your pol
icy to have the purchaser of the logs also
be the logger?' he asked.
| "That was my desire
"Was it also your policy to have the
purchaser of the logs select the scalers?"
s'To a. Limited extent. I had no opjec-
ton to IT. zs.f> &1s2aztz
did you usually permit the purchaser
of the logs to select~the scalers as you did
| in the Commonwealth case?" I.
It expect more than three-fourths Of
| the scaiers in the whole operation were
recommended as in the case of the Conn
monwealth by the loggers or the pur.
chasers.'', ..,.,s,
'Did it ever occur to YOU captain, that
| by allowing the same man to be the log
ger. purchaser and scaler of the logs that
the Indians and government did not get
very much protection"
mo. sir, it did not occur to me in that
way
.Do you think it is good business ese
rangement?''
| II think it isl
The case will not reach the jury before
/ to- morrow evening
Federal Building Completed.
| The new government building IS COM
pleted and the postoffice was moved into
| it Saturday night.
| Rev c. Ii Morrill, of Minneapolis will
deliver the commencement address in this
lefty on June 2.