The Seward gateway., 1915-10-25

(John F.. Ballaine) did not tell Dow dle that the townsite belonged to the Alaska Central Railroad; that Dow dle did not contribute the sum of SlG,- 900 to the Panama Construction Com pany, but instead advanced only the sum of $3,0O0. MT. Ballaine said he knew nothing of MT. Dowdle's bonds and did not receive them for sale as Dowdle stated in his deposition. Dowdle testified that he had not started suit against Ballaine. Bal laine introduced the process served on him, in which Dowdle was plaintiff, in Cook County, Illinois. Mir. West then admitted that suit had been brought by Mir. Dowdle against John F.. Bal laine, and stated that he had let ter from Mir. Dowdle stating that he had made a mistake at the time the deposition was taken.
 Mir. Ray then referred to a letter written to Mir. Oakley by John E. Ballaine. Mir. Oakley was attorney for John E. Ballaine. This letter was objected to by Mir. West. Judge Brown sustained the objection.
 Mir. Ballaine was then interrogated about the Dowdle case against him self, and produced written settle ment and release from Dowdle him self. This release read that Dowdle had no further claim against John E. Ballaine, the Alaska Central Railroad, the Tanana Construction Company, oE the Panama Railway Company. The consideration received by Dowdle was stated in the release as $3,50O. This settlement was offered in evidence. West objected. Over-ruled, and eX- ception taken.
 The deposition of R. S. Water previously read in behalf of the de- fendants, was next referred to by MT. Ray. Mir. Ballaine testified that J. M. Rankin, an attorney and dealer in script, of Washington, D. C., was the man from whom he purchased the script and handled this matter per taining to the patents. A certified check datel July 2Oth, 1903, in favor of Rankin and signed by John E.. Ballaine for the sum of two thousand dollars ($2,OOO.OO) was introduced in evidence. This was in payment of soldiers homestead script used for the purchase of the townsite.
 The witness then testified that he kept three bank accounts in Seattle, one in the Scandinavian American Bank, which was joint account with his brother Frank L. Ballaine; one in the Puget Sound National Bank, which was of the nature of family account upon which he and his family drew; and one in the Washington National Bank, which was utilized for his private business.
 Mir. Ballaine said he never had anything to do with the funds of the Alaska Central Railroad, or used or handled them.
 Two letters from Mir. Rankin to Mir. Ballaine were read by MT. Ray, and introduced in evidence over the objection of Mir. West. They were of date 11th and 21st of July, 1903, and referred to the transactions regard ing the script used in the purchase of the townsite.
 The patents to the Ballaine home stead were put in evidence by Mr. Ray, being numbered 726 North, and 726 South, and proved that the script purchased was from John D. Fisher, and D. O. c. W. Breshauers through Rankin, and that Ballaine made per- sOnal payments for the same.
 Mir. Ballaine then related details of the organization of the Alaska Central Railroad Company, and that Dickenson, Goodwin and Parker handled all monies of the road. He related how he first became interested in the proposition of road in AL aska, and that seven engineering parties were sent out, that the head
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