The Seward gateway., 1915-10-22
SWANITZ ON STAND
 IN TOWNSHIP CASE
Interesting Testimony Produced In Today's Session of
 the Court.

Swanitz explained that he personally secured the loan from the Shedd brothers, and wished to see them protected.
 This loan was then gone into furth CT, and later, on cross-examination, the Colonel stated that the Shedds were to receive a bonus of $100,C00, evidenced by a note for this loan, which was introduced in evidence. IIr. West read this note into the record It was endorsed on the note in lead pencil that $97,5OO had been paid on it.
 The colonel was next questioned as to the relation of the Panama Con- struction Company with railroad. After covering the details of this re- lationship, he testified that the origin al contract between the respective companies was cancelled, when second hand rails were delivered in Seward, contrary to the provisions of the con- tract; which specified that new rails were to be utilized in the construction of the road. Colonel Swanitz related that Mir. Dickenson, then president of the road, instructed him to use the old secondhand rails, but he | (Swanitz) refused, and this led to a severance of connections between the respective companies, and the organ ization of the Panama Railway & Construction Company, and he an swered that he did not know who owned the stock, and that there were several deals concerning the same.
 A letter from c. B. Shedd to Col. Swanitz was introduced in evidence and read into the record by Mir. West, experimenting Colonel Swanitz for his valuable service to the railroad, and the work accomplished as chief engineer
 Mir. West concluded his direct ex- animation by asking the Colonel if he was interested in any way in the out come of the litigation, to which the Colonel replied that he was not in- terested in any way.
 Mir. Ray conducted the cross-ex- animation of Colonel Swanitz for the defense, and brought out that Colonel Swanitz was the engineer for the AL aska Northern up to the 10th day of March last. He then questioned the colonel as to certain conversation be- tween himself and "Colonep H. E. Revell and his brother-in-law, Lowell, in which Colonel Swanitz was asked if he remembered conversation on the shore of Lake Kenai at which time Mr. Revell asked Colonel Swanitz if Ballaine's note for the S4,- 900, for the relinquishment of the Lowell claim, was good; and to which the colonel replied that the railroad company was not interested in the townsite and would most certainly not go on Ballaine's note. Colonel Swanitz replied that he distinctly remembered the trip to the lake, but that he positively made no such statement, and did not recollect any such conversation.
 Yesterday afternoon Mir. West in- troduced in evidence numerous deeds on record from the Ballaines to Laubner and others. Objection was made by MT. Haight. MT. West then stated to the court that he intended to prove to the court that these deeds were given for ridiculous consider ation, and that the parties to whom these lots were given were those who were reported to be at meeting of the company, all directors, when the townsite was turned over to the Ballaines. Mir. West further stated that at the taking of deposition in Seattle witness related the meeting, but that no minutes were anywhere to be found recording the proceedings of the same.