The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-11-27
SEATTLE BANKER MAKES UGLY
ADMISSIONS IN ALASKAN
coAl-FRAUD CASE.
SWORt FOR BOTH SIDES
Cunningham and CLAWS Got Affidaviss
Whenever They Asked for Them
Witness Too Busy to Attend to
Claim, for himself-Sufvsyed Paper
Railroad to Shut Out Others.

Seattle. Nov. 26-Humor was in
jecte.. into the Cunningham coal
claims case this afternoon when Hor-
ace c. Henry, the Seattle banker and
railroad builder was placed on the
stand by the defense and naivelv ad-
mitted that he had joined the claim
ants without knowing anything about
the proposition and that he had signed
numerous affidayits without knowing
what they contained.
II got so In the habit of signing
affidavits that / just signed anything
that Cunningham and CLAWS asked
me to-" said Mr.. Henry during the
examination. Henry said that he Was
approached by Cunningham In 1908.
Cunningham told him that C. j. Smith
and former Governor Moore Of Wash
ington We're interested in the claims
and asked II Henry wanted To file
on one.
Il told him 10 go ahead and put me
in said the witness. Il told him that
If he wanted any money to draw on
me. He always did. / did not pay
any attention To the claims or what
the other claimants were doing oe-
cause | was too busy building rail-
roads. In the spring of l9ps took the
N'h'at " iilOtt tN4h ana HINES
OF the coast extension of the Chicago.
Milwaukee x st. Paul railway and for
two years | had 5000 to 10000 men
at work and did not have time To
bother with this coal claim.
Cunningham His Factor.
Il let Cunningham look after Il. and
everything that he said went with me.
l didn't have anything To do with
the Guggenheim negotiations and
didn't known that they We're being
carried on. Later when l heard about
the Guggenheim proposition thought
that IL was all right | knew that
IL would cost close to 2.00G. coo 10 build
railroad and docks 10 handle the
coal and l knew that one man couldn't
do IL alone. When the GuGgeahCim
negotiations fell through We organized
the Behring River Railway company
We didn't have any intention of huih-
ing "A railroad then but merely want
cd To get right-of-way So that some
one else couldn't come in and bottle
us up by getting the only available
route"
Mr.. Henry was shown an affidavit
signed by him In which IL was stated
that he knew most of the claimants
That statement Is false said
Henry. Il know only three or four
of these men. This shows that /
signed affidavits without looking at
them. Cunningham brought CLAWS
10 my office and asked me u sign the
affidavit. They said il was all right
and | signed IL. | didn't read IL over.
for If | had l wouldn't have let Il.
false statement like that get into it,.
During the cross-eNamlnation MIR.
Henry was shown copy nf the Gun
ningham journal. When asked II lie
had seen the original he saith
Il never saw the Journal apd did
not know that Cunningham kept any
books until he told me that il had
been stolen"
Believes Cunningham Truthful.
After he had YOU sign affidayits
that You say are not true. do you be-
liese that Cunningham told the truth
when he said his journal was stolen
by Giayis?" asked Mr. Sheridan. the
government attorney.
Il believe that Cunningham told the
truth when he said that CLAWS stole
it," was Henry's prompt reply.
During the discrimination MIR.
Henry reiterated the statement that
he was very busy man and did not
hase time to bother with coal claims.
He said thar besides building rail-
roads. which is his principal business. 4
he is chairman of the board of direct
ors of one bank, president OF another.
president of a life Insurance company
and has other important interests.
his testimony Mr. Henry
frequently stated that he could not
remember what passed between him
and Cunningham and that he never
paid any attention To the business.
drafts that were made upon
him by Cunningham and taking it
for granted that everything was all
right.
The defense expects to complete the
Of witnesses here tugnor-
row.