TESTIMONY OF ANNIE LEONARD,
APRIL 4, 1898
Mrs. Annie Leonard was called by protestant and being first duly sworn testified as follows:
Q. State your residence and name:
A. Mrs. Annie Leonard, Skaguay, Alaska.
Q. how long have you lived at Skaguay, Alaska?
A. Since the 6th or 7th of July, 1897.
Q. Are you acquainted with the applicant for a part of the townsite of Skaguay, Bernard Moore?
A. I am.
Q. How long have you known him?
A. Since the day that I went to Skaguay.
Q. What was he doing when you first met him?
A. He was working in the timber with the rest of the men. Mr. Geo. Buchanan, he was foreman. Mr. King, Mr. Kelts, Mr. Leonard, and several other men whose names I don't remember.
Q. Who was Geo. Buchanan? and when did you first become acquainted with him.
A. He was foreman for the company known as the Alaskan and North Western Territories Trading Company. I met him on the 16th day of March, 1896. I met him at the dock of the Pacific Coast steamship company in Seattle, about a half hour before the Mexico sailed for Alaska. I was standing in a crowd of people waiting to get my trunk checked. He told me if I would give him my ticket he get my trunk checked.
(Counsel for claimant interposes an objection that it is hearsay evidence as the party referred to as Geo. Buchanan is dead.)
Objection is overruled.
Exception by counsel for claimant.
Q. Did you know at that time whom he was going to Alaska to represent, if anybody?
A. I did not at that time.
Q. Did he state to you his mission to Alaska?
A. About the 26th of March, in Juneau, he told me that he was going up in the wilderness. That he was going to work for a company
who were about to establish a line of trading posts to the Yukon.
Q. When did you next see him? in Kay, 1897. Where and what was he doing at the time?
A. I met him In Juneau on the street by Decker Bros. He came up to me and spoke to me. He said he had been up to the place where he told me he was going; that he had come down on business and was going back in a few days.
Q. When and where did you next see him and what was he doing?
A. On the 6th or 7th of July, 1897, in Skaguay, Alaska. He was foreman for the Alaskan and north Western Territories Trading Company. And as foreman what work or business did he have charge or control over, if you know?
Q. He was foreman of the work that was being done on the wharf, or rather over the work of taking out the timbers with which to build the wharf. It was called the British wharf by most of the people in Skaguay.
A. Now state what, if any connection you had with this company?
Q. On the morning that I got there Mr. Buchanan asked me if I would cook dinner for the men. I did that work until a Mrs. Estelle Kossuth came, about a week afterwards. Then I went across the street and worked for the Mill Co. Well, I went to work for Mr. Escolme, he hired me. Geo. Buchanan paid me for the work I did over at the place known as the cook house for the wharf and timber men. Later on I went back to the first cook house, and worked there until September.
Q. Who was Escolme, of what country was he a subject, and what was he doing?
A. He was an Englishman, I naturally suppose a subject of Great Britain. I understood that he was financial agent for the English company, and possibly a member of the company.
Q. Was there any other Company at this time represented In connection with the Ben Moore tract and doing business there on excepting the Alaskan and North Western Territories Trading company, and, if so, what?
A. I supposed It was all one company. There was the wharf and the mill. Mr. Escolme and Billinghurst were interested in both. I know that Mr. Hill told me that he had been hired by Mr. Escolme. I know that he hired me to work for the Mi11 Co., also that he hired me to work for the other Company, and I was paid from the same source.
Q. Who, if you know, are the Skaguay Bay Association?
A. I know that there were some goods once marked "S.B.A. I asked a gentleman there, we were looking over them, what S.B.A. meant He said Skaguay Bay Association.
Q. Who was Edward E. Billinghurst, what nationality and what connection did he have with Ben Moore's claim, if anything? He was an Englishman from Victoria, B.C. He was interested in wharf and mill both. When he spoke of the mill he said "our mill” and when he spoke of the wharf he said “our wharf". Who was Billingham, what was his nationality and what was he doing on the Ben Moore claim?
A. He was an Englishman, didn't seem to be doing anything in particular. He told me at one time that he was interested in the store.
Q. Who was Reg Hill and what was he doing in connection with the Ben Moore claim and is yet doing, if you know?
A. He was an Englishman and was and is at present Supt. of the mill.
Q. Is that the mill-located on the claim of Ben Moore?
A. It is the only mill there is there, it is on Ben Moore's claim.
Q. Who is Warden and what was he doing in connection with the Moore claim?
A. He was foreman of the men sent from Victoria, B.C. by Mr. Escolme. He was a subject of Great Britain.
Q. Who was H.F.Holmes, what nationality was he and what was he doing in connection with the Ben Moore claim?
A. He was an Englishman, he was storekeeper. Mr. Billingham left him in charge of the store when he went away.
Q. State what store that was?
A. I knew it only as Mr. Escolme's and Mr. Billinghurst's store, and the store of the Alaskan and north Western Territories Trading company?
Q. You have heard read what purported to be Ben Moore's cross examination with the reference to his property at Skaguay?
Q. I will ask you if the store you refer to was the one referred to by him as his store?
A. Well it certainly must be as it was the only store there.
Q. Is it the one setting directly east of the mill cook house?
Q. Were you acquainted with the laborers that worked on the English or Moore dock, the laborers that worked in the mill, on the skid road and in the timber, and with their nationality? And what close associations, if any, you had with them?
A. Those under Mr. Warden’s charge were I think all Englishmen. Winter and Reynolds were Americans, and worked under Hill.
Q. Just state the circumstance, that led to your quitting the employ of the company?
A. I had located a lot known as lot 2, in block 1, Skaguay. There was no place for the men employed at the wharf, or at the mill either, to sleep at that time, and Mr. Bernard Moore told me one evening that he was going to build a bunk house upon that particular lot. I told him that he could not do it, and he demanded that Mr. Warden, who was then superintendent, discharge me immediately, saying that anybody employed by the
company had no business to hold their land. Mr. Warden refused to do so and Mr. Moore said if he did not he would resign his position/ which, at that time, was timekeeper for the teamsters/ be also worked in getting the freight off the scows.
Q. in your answer you stated that Ben Moore said anybody working for the company had no right to locate their land, state if you know, whose land he meant, his or the company's?
A. He meant what he claimed to be his land but he referred to the English Company that were doing business there.
Q. Just go ahead and state the rest of the circumstances connected with your quitting or discharge?
A. After Mr. Warden refused to discharge me, Mr. Moore wrote to Mr. Escolme at Victoria, B.C. and stated the circumstances. Mr. Escolme sent a cook up, also a letter. Mr. Warden told me of it and said that he would have to come and acquaint me with those facts today and that when he did so he wanted me to tell him that I required thirty days notice. He then put the other cook to work as dishwasher and I stayed there until Mr. Billinghurst arrived in September. In October I mean.
Q. Why didn't Ben Moore discharge you, if he didn't want you?
A. Cause he didn't have anything to do with it, he was an employe [sic]of the company just as I was.
Q. State what Ben Moore was doing when you first became acquainted with him; who he was working for, if anybody, and whether it was manager, superintendent, or as a common day laborer? And how much he was receiving per day or month?
A. He was working under the direction of Geo. Buchanan as laborer. I don't know just what he received but I do know that he was working for a salary. He was working up in the timber with the rest of the men, getting out timber, cutting trees down to build a wharf.
Q. How do you know that he was working under the direction of
Geo. Buchanan, or for him?
A. When Mr. Buchanan and the men would come to their meals I would hear him tell the men where they were to work and what they were to do, and he told Ben Moore where he was to work the same as he did the other men.
Q. Would he receive and execute those orders the same as the other laborers?
A. I suppose that he did, he worked with the other men.
Q. Did you ever hear Ben Moore say anything about his pay as a laborer and what source it was coming from or should come from?
A. At that time the men were paid by Koehler and James of Juneau, Alaska, until they refused to cash any further orders until the company at Victoria had settled with them. There was general disturbance about the wages and I heard Mr. Moore remark that he didn't want to work all summer for nothing any more than the rest of them.
A. Was it a general complaint of the laborers including Ben Moore that they didn't get their pay?
A. It was when they refused to cash their orders.
Q. I call your attention to a map attached to the affidavit of Charles W. Garside, on which there is designated a list of improvements on the Ben Moore tract designated as wharf, bunk house, store, log warehouse, second store house and in the immediate rear of the two latter, corral , blacksmith shop and stable, directly south of wharf bunk house, saw mill bunk house, south of the latter a hotel, and in the rear thereof stable and office, all of the latter enclosed with a fence, and ask you at the time you arrived at Skaguay, what of those improvements were on the land, who they were owned by and what they were being used for?
A. When I arrived In Skaguay there was what is known as the cook house, Bernard Moore's fathers house, a small room called the store, and back of that there was a log house, part log and part frame, used as a blacksmith shop and stable. There was also Ben Moore's log house at the other end of what is now the town.
Q. Is that all the improvements?
A. That is all there was there.
Q. What is marked here as wharf bunkhouse, where you first worked for the company, who has operated and controlled and owns that house, if you know?
A. The same party that owns the wharf.
Q. Who has operated and controlled and managed the snail store building directly east of there and usually known as the company's store. I mean If it was a company who it was, and if individuals who they were?
A. It was the Alaskan and North Western Territories Trading company's store, it was under the management of Harry Holmes at first and later Arthur Heathorn.
Q. What nationality is Heathom?
Q. Directly east of and joining that store is a large square building designated as log ware house, who started to build that and who did it belong to, if you know?
A. Harry Holmes started to build it for his store.
Q. Do you know when it was completed and by whom?
A. It was completed by the citizens of Skaguay about two weeks ago.
Q. Adjoining this house directly on the east is a 12 x 16 structure commonly called a knock down house designated as store, who purchased and erected that house and who did it belong to when it was put up?
A. It belonged to Harry Holmes he put it up for his sleeping apartments.
Q. Of the buildings and, property just described I will ask you if Ben Moore, during all of the time you have been in Skaguay, has had or exercised any control, management, or ownership, or connection with, any of this property?
A. He has had nothing to do with those, that, I ever heard of, in fact, I know that he has had nothing to do with them.
Q. Has he ever spoken to you of the store, and, if so, whose store did he speak of it as?
A. As the company's store.
Q. Did Ben Moore, to your knowledge, ever obtain any goods from the store, and, if so, how did he get then?
A. I never saw Ben Moore buy any goods there but I have seen his wife buy, and pay for, goods there.
Q. At the time you was working in the cook house, from what source if you know did Ben obtain some of his family supplies?
A. He took then from the cook house.
Q. Where did you get your goods and provisions used in the cook house and to whom did they cone consigned, if you know?
A. At first they came from Koehler & James, shipped to Geo. Buchanan. Later on they came from Victoria, B.C., they came to the Alaskan and North Western Territories Trading Company, some goods, they came under different names, different marks. How I know about the marks, I heard Mr. Heathorn say that he had to look for the goods on the scows and he never knew what he was looking for. He said they were all for the same company but came consigned to different ones, or were marked differently. He read off a list of the marks and I know that one of them was “S.B.A" and one was diamond something. None of the goods came consigned to Ben Moore.
The hearing was then adjourned until 1 o'clock p.m.
The hearing was resumed at l o'clock p.m. April 4, 1898. All present as before.
Q. Between the time that you gave notice to Mr. Warden that you would quit, spoken about and the time that you did quit, did you have any conversation with Mr. Edward E. Billinghurst concerning Benjamin [sic] Moore and any authority he might have there? State the circumstance in full?
A. Mr. Billinghurst came into the kitchen room the day he came to Skaguay and said that he would pay me for the thirty days but that he wanted me to quit then because Ben Moore raised such a rumpus about it. I asked him what Ben Moore had said He said it makes no difference what Ben Moore says we pay no attention whatsoever to him but until we can get things in shape here we have got to keep things straight with him, keep peace with him in other words.
Q. I will ask if you remember an incident of two men undertaking to locate on the Ben Moore claim down near the beach wherein Ben came to Billinghurst for advice in the matter, if so, state the circumstance in full?
A. I remember when two men started to build a log house down on the beach. Ben came to John Escolme, not Billinghurst, and asked what are we going to do about it. Escolme said well you must tell them to get off of there, must not let them build there. He told him to go and tell them that they couldn't build there.
Q. Referring again to the Garside map and to what is designated as the saw mill bunk house, I will ask you when that building was built, who by, what and for whom it was used, and where it now stands?
A. Mr. Hill started to build it in September for a bunk house and cook house for the men that worked in the mill. The last I saw of it it was moving down the street, I don't know where it
Q. During all the time of your knowledge of this building had Ben Moore any control, supervision or management, over the building or the business conducted in it?
A. None that I ever knew of, or heard of.
Q. Is the Mr. Hill you refer to here, Reg Hill the superintendent of the saw mill?
A. Yes air.
Q. On the same map and east and north from the designated saw mill bunk house is marked hotel, tell, if you know, when that building was built, who by, and who is the owner of it and upon whose lots it stands?
A. The Chicago Hotel, which was just finished within the last three weeks stands in that vicinity. It was built by Capt. Moore and stands on his lots. I suppose that is the one.
Q. Has Ben Moore ever exercised any control, management, or acts of ownership either over the building in your presence, or the management of it? And whose is it reputed to be by common report?
A. I know only that Ben Moore told me that it was his fathers. And in speaking of renting a part of it to another lady and I ,one day he told me that it was his fathers and he had nothing to do with it.
Q. In the rear of that building Mrs. Leonard, are two spots designated office and stable, tell if you know what they are and whose they are, and on whose lot they are located?
A. There is Capt. Moore's house and the stable used for the company's horses. The house is always said to be Capt. Moore's, it is on his lot. The stable, I don't know whose it is. I suppose it is the company’s.
q. You may state here if the Moore you have been testifying about in all of your examination, with the exception of Capt. Moore, that you have just spoken of, is the applicant
Bernard Moore, who is seeking to prove up on this land?
Q. That relationship does Capt. Moore bear towards this applicant and what is his full name?
A. Captain William Moore is the father of Bernard Moore.
Q. Around this office and hotel just described there is marked fence destroyed, you may tell what you know about that?
A. Then Captain Moore came down from the trail he built a barbed wire fence around his place there and across the lots of three of the locators. It was afterwards taken down by the citizens.
Q. When was that? That the fence was built?
A. In August, 1897.
Q. Had the lots that he run this fence across been located by others at the time it was taken down.
A. Yes at the time it was put up, there were people living on them.
Q. Within the interior of a red line extending around these last described improvements there is designated land cleared containing an area of 10.00 acres, state definitely and positively, if you know, just how such clearing had been done around and in the vicinity of Capt. Moore 's house and the bunk house in that whole described area?
A. Around Capt. Moore’s house there wasn't any clearing, excepting what was naturally cleared. There were some trees there. Some stood in McKinney street [Fifth Avenue] after the town was surveyed.
Q. From the wharf bunk house and Capt. Moore's house and the Hotel west, or towards Skaguay river, had there been any clearing done whatsoever?
A. No, it was a dense forest.
Q. State how you know and some circumstances connected with it?
A. Well the only evidence of any clearing there was a small pile of brush at the back of the bunk house, it looked as though it might have been piled there when they built the house. From
the beach up as far as what is Bond street was driftwood and from there to the cook house it was not a dense forest as the other was but it did not look as if it had been cleared by artificial means. There had been no trees out down for there were no stumps.
Q. Now back of the bunk house and from a line running from there to Ben Moore's house and north towards the Buchanan claim was there any clearing there?
A. Yes, there was a place where Mr. Bigelow kept his horses, a corral that was cleared.
Q. Any others.
A. No others.
Q. Excepting the fence enclosing two sides of Bernard Moore's residence was there any barbed wire fence between about where the bunk house was and anywhere on the beach at the time you went there.
A. There was no fence around his house when I went there. I never saw any wire fence in Skaguay. When the people commenced to locate lots he put up the fence around his house and later his father came down and put up the fence already spoken of.
Q. When did Ben put up the fence around his house?
A. In August, 1897.
Q. Is the general date you have been giving in the same year, if so, what year.
Q. commencing at a line south of these last described premises or which would be in the vicinity of Bond Street or Fourth Ave thence south to a line at about the point of the approach to the Moore or English dock, what would you say as to any of that area being fit or possible to be used for pasturing purposes?
What was the surface condition of the ground?
A. Well if cattle or horses could subsist on drift wood they might get along very nicely there was nothing else there.
Q. Have you been pretty generally over all of the Ben Moore claim, if so, you may state if any portion of it has any value as pasture land?
A. I have been from the beach up through Buchanan's claim, I suppose one would necessarily have to go through Moore's. There is no place that I have ever seen there that could be used for pasture land.
Q. Again referring to the map, there is marked thereon steam saw mill state when that was built, who by, when put in operation, who has had the control and management of it and how long it ran?
A. They were laying the foundation in July, it was not complete until September. Built under the supervision of Mr. Hill, it was first operated in September, also. I think it was closed in November.
Q. Who, If you know, are the owners of it, and who Mr. Hill was acting for in building it?
A. He told me that he was hired by Mr. Escolme in London.
Q. Has Ben Moore, during any of this time ever exercised any management, control, or acts of ownership over this mill, the logs that went into it for manufacturing, or the lumber that came from there.
A. I never knew of his ever having anything to do with the mill. I know that the lumber he built his house of he got from Juneau didn't get it from the mill.
Q. Well, what would you say as to Ben Moore owning the saw mill?
A. I would say that he did not own it.
Q. Just south of the saw mill and extending into deep water in Skaguay Bay is a marked wharf, how much of that was built when you went to Skaguay, when was it completed, who was it built by and for?
A. There was a very small portion of it built when I went to Skaguay. It was built by the Alaskan and North Western Territories Trading Company. I don't believe it is finished yet.
Q. .Has Ben Moore ever exercised any management, supervision or acts of ownership in the construction or management of that dock?
A. The construction was first under the supervision of Geo. Buchanan. Later under Mr. Warden. That is as far as I now anything about the construction of it.
Q. During what portion of that time was Ben Moore working as a common laborer under Buchanan or any other Boss?
A. Until he refused to eat with the men in the mess house, or until I left there he was working with the other men.
Q. You state that that was about the first of October, when you quit working?
A. Yes it was about that time, that or the latter part of September.
Q. Tell what you know about the skid road marked on that plat running through the claim?
A. Mr. King, who took a contract to get lumber out for the Mill company, told me that he built the skid road in order to get his lumber out on.
Q. Did you ever see King operating on it?
A. Yes, I have seen him working on it.
Q. Did you ever see Ben Moore operating it, or working it?
A. No, I never did.
Q. What would you say as to where the majority of logs were had from that were used in manufacturing lumber at the saw mill, from Ben Moore's claim or the Buchanan claim?
A. I don't know where they came from.
Q. Applicant states in his affidavit on final proof, on page six there-of, that he had on the premises here in dispute
in the rear 1897, six cows and their produce, ten head of goat, three pigs, thirteen head of work horses, poultry, and with the exception of seven goats, all of that property is now on his tract of land, beginning with the cows you may state in full all you know about this stock?
A. In July there were some cows known as the company's cows. There were two that they used the milk from at the cook house, there were others I don't know how many, I have never seen more than four together. There were two that I remember of Capt. Moore's pigs.
Q. Did Ben have any pigs there?
A. He he did not.
Q. State how you know that these pigs were Capt. Moore's and not Ben Moore's?
A. When the Yukoners came there and pitched their tents and piled their outfits in different places, those pigs made a practice of inspecting them. The miners objected and came and asked me whose pigs they were and if they wouldn't have them penned up, and I sent them to Ben Moore. They went to him and told him if he didn't pen them up they would shoot them. He said shoot them they don't belong to me but to my father and have no business around any how.
Q. How many horses were there when you went?
Q. Where did they come from and who owned them?
A. They were known as the company's horses and I understood they come from Juneau There were some horses came later from Victoria, B.C. sent by Mr. Billinghurst to work for the company. They were consigned to the Alaskan and North Western Territories Trading Company.
Q. How many, in all, horses were there when you quit?
A. There was eight.
Q. What were these eight horses used for, and did Ben Moore have any control or management of them whatever, or did he own them?
A. All of the teams were under the management of Tom Fouerault. He was one of the men employed in Victoria and brought up with Mr. Warden. He was known as the head teamster but he was under the supervision of Mr. Warden.
Q. Has Ben Moore today any thing to do with what is known in Skaguay as the company's teams?
A. Not that I know of.
Q. How many wagons were there in Skaguay when you went there, and whose were they?
A. The company had one wagon.
Q. Has Ben Moore ever owned any wagons in Skaguay since you have been there?
A. Not that I know of.
Q. What do you know about Ben Moore conducting a dairy there?
A. He never had a dairy there that I heard of.
Q. Mrs. Leonard are you acquainted with the signature of Bernard Moore claimant for patent herein?
A. I have seen his writing several times.
Q. Do you think you would be able to identify his signature if you should see it?
A. I think I would.
Q. Are you acquainted with and are you able to identify the signature of E. E. Billinghurst?
A. No I am not.
Q. Do you know and can you identify the signature of John H. Escolme?
A. Yes, I know John Escolme and I have seen his writing on several occasions.
Q. Would you be able to identify his signature?
A. I don't know whether I would or not. I remember one notice in particular that he put up asking the employes [sic] to call and get their wages that night by half past six as he was going away on the boat.
Q. I hand you a letter now dated Juneau, August the 5th, '97, being the same letters which were examined by Mr. Price while on the stand and also Mr. Valentine, and ask you, as to your best judgment and opinion whose signature that is to the bottom of the letter and who wrote the ease?
A. It is Ben Moore’s signature and I would say that he wrote the letter.
Counsel for protestant offers in evidence the letter now identified being the same letter identified by witnesses Price and Valentine. Also in connection with that is offered in evidence another letter dated Victoria, B.C. 22d. July, 1897, which was identified by Mr. Valentine while on the stand.
Q. I hand you another letter dated Victoria, B. C. July 31st, 1897, being the same letter that was identified by Mr. Valentino while on the stand and ask you to the best of your judgment and opinion as to whose signature that is attached to the bottom and whose handwriting? A. I would say that it was Mr. Escolme's.
The above three letters were received and marked "E","F" & "G" respectively, as Exhibits in Protestants testimony.
Q. Mrs. Leonard, the horses spoken of in letter identified by you as that of John H. Escolme, are they the same horses or a part of then that have been used on this promises by the Alaskan North Western Territories Trading Co.
A. Yes they are part of the same horses.
Q. Who was William Clarke mentioned therein, what was his nationality and what did he have to do in connection with the Ben Moore claim?
A. He was an Englishman, came from Victoria, and he took charge of the wharf after Mr. Buchanan left there. He came a few days before Mr. Buchanan left though.
Q. State what you know with reference to Capt. William Moore and his son Ben going down to Victoria?
A. I don’t know of them going to Victoria, I know that Mr. Escolme wanted them to go to Victoria, Ben told me that he wasn’t going to Victoria until he got good and ready. He told ne that Mr. Escolme wanted him to go there to sign some papers.
Q. During all the time that you have known Ben Moore, has he been a man of means, and what if anything do you know concerning his personal credit, and especially with Koehler & James, Juneau, Alaska? the firm you have previously spoken of as furnishing goods for the cook house wherein you were cooking?
A. Why I never thought him a man of wealth. I have always considered him a respectable working man like the majority of the people of Skaguay.
Q. Do you know anything about a small schooner that Ben Moore claimed to have owned?
A. He did own a schooner, but she was sold to Mr. Escolme.
Q. For who and what was it used?
A. He took the top part of the schooner off and they used it for lighter to load freight on and bring it ashore.
Q. Being closely associated with Ben Moore for a period of about nine months what would you say as to his expending $7000, personally in improvements on his claim within the last year?
A. Personally, I would say that he had not.
Q. What would you say as to Ben Moore's monthly income from his improvements on his claim amounting to $6,5OO per month or any other amount?
A. I don’t know of any improvements that Men Moore has put there his own with the exception of his own house and two houses on the 5 acre tract that he has enclosed. The improvements that Ben
Moore has put there certainly would bring no such income as that.
Q. Did you ever have any conversation with Ben Moore relative to his business relations with the Alaskan & Northwestern Territories Trading Co. or any of these Englishman that you have testified about?
A. Ben Moore always admitted that he was an employee to me, he never tried to disguise the fact, as for the rest of the men, the men that were brought by Mr. Warden, they all admitted that they were hired under contract in Victoria, and sent up to work for the Alaskan Northwestern Territories Trading Co.
Q. From your knowledge of Ben Moore, how much land would you say would be necessary for him to conduct all the trading or manufacturing or carrying on any class of business in which he is engaged?
A. Well all the trading, manufacturing or any other class of business that I have known Ben Moore to do has been none. I don’t know how much land that would require.
Q. Do you claim any land on this claim of Bernard Moore's within the Skaguay townsite survey, if so name it, and when you first claimed it?
A. Yes, one half of the lot which I have already spoken of, lot 2, block 1. I located it in July, it was not occupied by any one.
Q. Are you a party in interest in this protest with the citizens of Skaguay? A. I am somewhat interested in it.
Cross-examination by Judge Delaney.
Q. Mrs. Leonard, in the testimony that you have given in your direct examination where ever you use the word "Company" or English Companies" do you mean the "Alaskan and Northwestern Territories Trading Co.?
A. Yes sir.
Q. When you speak of any connection or business or interest that
Mr. Billinghurst or Mr. Escolme had in the improvements or business
on this claim, do you have reference to them personally, or as the representatives of this company?
A. Personally and as representatives of the London company were interested in the improvements at Skaguay.
Q. Was the London company to which you now refer the Alaskan Northwestern Territories Trading Company?
A. Mr. Holmes and Mr. Hill told me that the company was an English company, and it was generally understood that Mr. Escolme and Billinghurst both were interested in the store, mi11 and wharf and all the improvements at Skaguay, that is all except the citizens improvements and Ben Moore’s house.
Q. I shall have to ask you to be kind enough to answer the question?
A. That is what it is known as.
Q. Did you understand Mr. Escolme and Mr. Billinghurst and Mr. Billingham and Mr. Hill and Mr. Warden and Mr. Holmes and Mr. Heathorne and Mr. Clark and Mr. Buchanan to be acting as the agents or employees of the Alaskan and Northwestern Territories Trading Co.?
A. John Escolme and Mr. Billinghurst were supposed to be interested in the Alaskan and Northwestern Territories Trading Co. The other people were employed by the Co.
Q. And I think you have already testified that Mr. Escolme was the financial agent of the company?
A. That is what he was supposed to be by everybody and possibly a part of the company.
Q. In the little pig conversation that you had Mrs. Leonard, with Ben did you hear the conversation your self with the miners?
A. I did not.
Q. All that you know about the Yukoners conversation with Ben and one of the men. Is what they told you?
A. The Yukoner came and told me what I have already stated that
Mr. Moore said, Mr. Moore came later and told me the same thing and upon several different occasions, other than that said that the animals in question belonged to his father.
Q. How do you know that the Alaska, and Northwestern Territories Trading Co. is an [sic] London or an English Company?
A. I know what George Buchanan told me about it, what the different Englishmen on the place told me about it, t’was all to the effect that it was an English company and it was never known as anything else in Skaguay but the English Co.
Q. Are you willing to testify that it is an English Company?
A. Yes, I guess I would for Americans would not go to Victoria and hire Englishman and bring them on American territory to work under contract, no one but Englishmen would do that.
Q. So you are very sure that it is an English Co.?
A. To the best of my belief it is an English company.
Q. And you are just as sure that all the rest you have testified to is true, as that the company is an English company?
Objected to by Counsel for Protestant.
A. I am sure that I believe it to be an English Co, and as far as that being as true as the rest, all the rest that I have stated is the truth.
Q. But you are not quite as certain about that being an English Co. as you are about the rest of your testimony?
A. No personally, I have no doubt about it.
Re-Direct examination by Mr. Winn.
Q. Did you ever see the Articles of Incorporation of this Co.?
A. No I did not.
Q. And what you know about it being an English Company is what those parties who claimed to have an interest in it told you?
A. What I know about it is what those who were interested in it told me and also what George Buchanan who was interested in it, except as a workman, told me.
Q. In fact as you testified this morning, goods came in there with different shipping marks, some consigned to this Co., that Judge Delaney questioned about and soae to the Skaguay Bay Co.?
A. The goods were all consigned to the same Co. Mr. Heathorne had several shipping tags in his hand one day and he said I don’t see why they don’t have one shipping mark and not keep me hunting first for this and for that all for the same Co.
Q. Now what did the letters S. B. A. on the consignment stand for?
A. Skaguay Bay Association. That is what Mr. Heathorne told me.
Q. Do you know or did you ever know that that Company was a corporation or not?
A. I don’t know anything about it further than that.
Q. Then you do not know whether it was a foreign corporation, a home corporation, or a co-partnership?
A. I do not.
Counsel for Protestant offers to introduce in evidence as a part of the testimony to the protest now under consideration also to be so considered in connection with the protest of F. A. Twitchell for the Alaska Southern Wharf Company and that of Emery Valentine and others, a certified copy of an agreement between Bernard Moore and E. E. Billinghurst, which is attached to the original protest of J. G. Price and others and is now a part of the record in this case. There being no objection the paper was received.
Here counsel for Protestant J. 0. Price, and others, closed his case, and the hearing was thereupon adjourned to 9 o'clock A. M. the following day.
[signed Mrs. Annie Leonard]
I hereby certify that the foregoing testimony was by read and corrected in the presence of the Witness, and it was then subscribed to by her at my office in Sitka, Alaska, this 4th day of April, 1898.
[signed John W. Dudley]