BERNARD MOORE FOR CLAIMANT
Bernard Moore was then called in behalf or the claimant and after being first duly sworn testified as follows:
Q. Who hired this man Geo. Buchanan?
A. I did.
A. In Juneau.
Q. What place?
A. Found him digging post holes for Archie Borne on the beach, I hired him there.
Q. There is $100 mentioned in a letter introduced here that you wrote to Mr. Buchanan that you wanted from Koehler & James, who was that money for?
A. It was for Geo. Buchanan.
Q. When did you first hire George?
A. I don't exactly remember the date now, but I think it was between the first and fourth of July, 96.
Q. Was he still in your employ in '97 as your foreman?
A. Yes he was working for me and my father.
Q. Will you swear, Mr. Moore, that he was not taking orders from Escolme and Billinghurst?
A. He took orders from me and my father. He sometimes took orders from Escolme and Billinghurst that came from my father.
Q. Did the orders that Buchanan took that are referred to in the two letters introduced as well as your letter go from your father at Skaguay to Billinghurst and Escolme in Victoria, B.C. and then be transmitted from them to Buchanan at Skaguay, is that what you mean?
A. I don’t know that it was particularly to them letters. My father was up on the trail when those letters were written if I remember right.
Q. If George Buchanan was working for you and your father, Mr. Moore, and the three of you were at Skaguay and in the vicinity of Skaguay, explain why it was that any orders given by Billinghurst or Escolme would come from your father back to Buchanan as testified by you before?
A. I ain’t sure whether those orders come [sic] my father to Victoria.
Q. When I asked you in a previous question if George Buchanan did not take orders from Billinghurst and Escolme, did you not answer that he did but that they came through them from your father?
A. I think I said they may have come.
Q. Then it is not a fact that Buchanan did take orders from those men that did not come directly nor indirectly from your father?
A. I suppose that he did take some orders that did not come directly from my father.
Q. That letter marked protestants “Exhibit E” in testimony, is that written by you?
A. Yes sir.
Q. Mr. Moore in your affidavit for final proof you state that the saw mill upon the premises is part of your improvements upon this land in controversy, that the same is under your management and turning out some fifteen thousand feet of lumber per day, I will ask if it is not a fact that in an affidavit, or sworn complaint made by you in on action brought in the District Court of the District of Alaska, Bernard Moore and the Alaskan and North Western Territories Trading Company, plaintiffs, against Davis et al. defendants, you did not therein state that the saw mill with five acres of land adjoining was and had been under the exclusive control and management of the Alaskan and North Western Territories Trading company?
Counsel for the applicant objects to the insertion on the ground that it is a reopening of the cross examination as to the applicants
original case and not in line with, or responsive to the direct examination now had.
The objection is overruled, whereupon the witness under the direction of the counsel declines to answer.
[signed] J. Bernard Moore
I hereby certify that the foregoing testimony was read by me and corrected In the presence of the witness, and that it was then subscribed to by him at my office in Sitka, Alaska, this 6th day of April, 1898.
[signed] John W. Dudley
The hearing was then adjourned until one o'clock p.m. April 6, 1898.