The Seward gateway., 1915-10-26
CROSS EXAMINE
 JOHN BALLAINE
INTERESTING FACTS BROUGHT OUT BY COUNSEL FOR
 BOTH SIDES.

site case, and later his cross examina- tion was conducted by T. C. West for the plaintiff. MT. Ballaine related the details of the Panama Construc- ton Company's indebtedness and the matters previous to the agreement with Frost. The statement of Presi- dent Dickenson and Secretary Bal laine of the Alaska Central was in- rroduced in evidence for the purpose of showing the condition of the com pany incidental to the Shedd loan of $2OO,OOO. Ballaine testified that Frank l.. Ballaine had the first title to the townsite.
 Mir. Ray referred MT. Ballaine to Mir. Voak's deposition wherein it was stated that Mir. Voak received a commission of twenty five per cent on the sale of stock. Ballaine denied this saying that the commission was tweuy per cent. Voak sold thirty five hundred shares of the stock at different prices. A letter from Voak in 1903 to Ballaine was introduced in evidence substantiating Ballaine's testimony that Voak's commission vas twenty per cent. A contract was also introduced between the AL aska Central Railroad and Voak showing the contract for their com mission to be twenty per cent. West objected-objection over-ruled. Mir. Ballaine related the first connection of his brother, Frank Ballaine, in the townsite matter and stated that it made no difference which one of them had title to the townsite, it being understood that John E. Ballaine owned two thirds and Frank, one third.
 The witness related the positions of prominence he held previous to com ing to Sewam-amongst which were representative Associated Press in Washington, D. C., secretary to Gov ernor Rogers, of Washington, and adjutant general. He was later con- nected with the Moore Investment Co, as sales manager.
 Cross Examination
 In cross examination Attorney West dwelt particularly upon the deposition of Goodwin, director of the Alaska Central Railroad. In the Goodwin deposition Goodwin testified that he had paid John Ballaine one hundred dollars for eleven lots in Seward. Today Attorney West ask ed Mir. Ballaine if he was present at the taking of this deposition in Seat tle, and Mir. Ballaine replied that he was. West then brought out the fact from Ballaine's direct testimony that Goodwin was the man on the board of directors of the Alaska Central recommended by Ballaine. When West asked Ballaine why he allowed Goodwin to so testify when he knew that it was not correct. Ballaine said he did not place any particular importance in the matter at that particular time and did not remember the details. Ballaine testified that he sold two bonds to Goodwin, Me Graw, W. T. Clice and Dickenson' and with each sale he gave a bonus of ten lots. The amounts received for the bonds in each instance was about seventeen hundred dollars Goodwin said in his deposition that he paid John Ballaine a hundred dollars for ten lots because Ballaine was hard up for money. West took the witness through the early history of the townsite and brought out the con- nection of Frank l.. Ballaine regard ing the same. It appears that Frank l.. Ballaine arranged the Lowell re- linouishment, attended to surveyors brought the script purchased by Johr Ballaine to Seward before the arrival of the latter. The witness was nex' examined concerning the prospectuse' and circulars published by himself for the purpose of selling stock in tho road. It was previously brought ou' that the circular of June, 1902, named as the assets of the railroad company the Seward townsite. Ballaine secur ed the script the year following thu