Show I 1 I 1 lik RIAL OF OMAHA CASE 4 74 gives his version of the stock deal i I 1 4 1 DENIES 4 ENIES WALKERS TESTIMONY 14 ia it 41 Vs tl account of 0 his transaction with I 1 cross examination as ali tt ar Biberger aberger I 1 to 9 Bani bergers tiong company sues sties park city ml mi 1 11 if Comp Companies unies Sheep rock bock do ce i j cllon affirmed sheep ce case on 11 i tylel cattle stealing still and rob kob I 1 lr bers boost cases caes at loa 11 Z the contest bet bertcell cell J IL 1 I 1 walker volker N r on one ant side fide and V W S fugate still I 1 mon B bamberber at berger on oil tile lh othel tor for tile eager on of 0 al area of t 1110 ITO 4 s gold mining anti and maillia company L toca occupied the attention of 0 judge I 1 HUM files again I 1 during tho the forenoon fort noon and a portion ot of I 1 h he afternoon at if anoon I 1 11 anil and it f B D testified in behalf ot of I 1 mr walker Wl ler their I 1 alimony mony being a bor ot of certain POT po ilona illona of 0 the it e riven given kv by him 1 I the be preceding I 1 lay 41 the most important made boy y mr millie on oil the flaud was wag ato the effect that ill I 1 for or walker on the th omaha I 1 pioppi ty ly ho saw at M merceir Merc edcur lir end 11 d I 1 old lold by 1 e 1 that hal it 11 1 was 1 1 3 8 all right fugate toll 14 b him how honeick C r not to nil ill up lit tile the phat L W S fugate was called lute late in III the afternoon and remained upon the ml vilt am land until ourt court adjourned lie he denied emphatically that he ever en ell i i alered into any agreement with w ath walker whereby walker secured the right to t purchase ture hate the stock in fit escrow at the I 1 tank bank and be also denied that ten men ivere frere put to work on oil tho the omaha by walker u with till hla his knoll ledge or consent i I 1 DEAL MITH V ITH DAMBE at tho the J time 11 me ot of securing the of option t ion i ald lit he was waa also entering lilt into I 1 in n agreement ulila Pam bamberger berger to take lake I 1 zip ap tho the escrow and tin if bomberger bamberger paid him 1100 to aid him in securing the op I 1 tion ion Barn berrer also raid him us on oft octo october b er ant the original agreement between beaw 0 ell bamberger Bamberg cr and it maeef I 1 wag mas that 13 11 ni berger should assist him in securing the option and pay halt of 0 the expenses empens es including halt half of the tha man money ey necel arf A rf to take the stock out of ell ca crow artt after r which aney were to share equally lit jn any benenti jar laing on october howe vot hamberger Hamberg cr agreed to rut put up everything an A to his hl conventions w ith walker fuiak r USA a festl fled that lie he discussed the option nath ith him at beral times on oil the event evening n 9 of 0 november fita he met walk er at the brink bank and talked the matter over it was at tills this time that ingate tho he chich alch walker claims c 0 0 a tried the tei trip of lne the iha verbal arie e n t entered into between them tile the memorandum fugate was w artlen by him and Alfr alerted Ted after alch i IT leh lie phoeb it over aa walker FIT fukiye g denied how however ee e e ilhan walker tt b i gite nature w as att attached ached to the eran or that tho the bord to J H R will walker ke jr were upon Is it when he list lant a san aw it interviews WS WITH WALKER NO he then detailed LT c fat I 1 ea several fondi and alleged allec tid t to have hav occurred between walker and to lilt I 1 t with alth to the stock but denied deale ed that ho he ever gat gaie e walker art an option on tt or that the aart nen were mere put to vork s it at the mine with hta his know ledge or colant cone tnt walker fahed him to accompany him to mercur a and nd h he e partly agreed but did not to I 1 lie Is li flitt r s I 1 hour heard d that walker had I 1 put I 1 lit AT men on I 1 to e work at the mine on art november etli or oth and he told who m anji us in charge charee of the mine th chit t walker had no right to put PILL men to work there 0 on n nov november mb or fugate further a aid he be 9 taw a IV walker on oil the train between a and n S lake e and walker asked s ked hl him m to execute an order to lo the b bank ank for tile the dell dellary cry of the stock lock he refused and told walker 01 that a it h he suppose lie lia claimed any nl luch 11 reghl as a lie he fugate Pu Kate hid haid called it all off at hla his walkers I 1 houie walker insisted that he fix the matter up tile the following morning morn lne and finally I 1 IF le 4 to call at the iho bank next dav dar he 4 did id ian BO but walker was van engaged cusa erd anil nd no ter gation wait waft had I 1 i on it tile the evening of rotate U e con continued ho be saw walker at khe he theater and also at the bank and walker alker again asked for an lit older to ro t tha q stock saying that lie intended pay in inic for or it next day I 1 reclined fec lined so no he said to give elv me order and told W walker cikor that lie he al 0 u d be ft g against WS his lubes if if took look the stock up he told elkei though that lie linca of no aa M to keep him from IL 11 walker natly offered tl in pay him 2300 and ikc ile cure care of share of hindi I 1 for I 1 alm ilm I 1 in he mill FULL re fumed but told laid walker halt at he bould see hint him next day the ay 47 I 1 allowing walker walk r took up the lock lack and paid the bunk bank for it before to had seen him I 1 FUGATE CROSS CROS EXAMINED NED on cross examination r agato raid ili hat at he told ba I 1 liberger that they fould uld share iare equi equally lily lit in the benefits ri sing from rom tile the op option ti on bamberger Bam berter to pay till all necessary money to atlin the option still and also to put up nil 1 line e money fur for the payment of the at olk IId nt you say nay 01 on direct examination sir me dickson asked in substance BUb sub stange G that you oil told ISain berger that it lie he would help lou 9 BI t the option and pay ono one half hal of the expenses he could have one half of an mythin thine ou oil likht do it if you not got the option yes a mr agn to replied I 1 but now ou od say bay he wag to pay which lat 1 correct after fter slat I 1 was waa under no obligations ra tlona to him tor for an thing n ahen hen max till q new low this chabre nd f we had I 1 no 10 new ow agreement arpi and there ba I 1 1 no itah channe age r bl he is lerat rat offered t to i pay halt half and 1 hen h 1 to pay illy al all I 1 yes 1 ant you astonished at lili ilia liber si I 1 no ko nr mr fifth asked rug to it amb ormer or acrel reed on lafit to y a ery thing why hy it bail as that half flair ot the a 15 given to win by Dami damberger erger ati I 1 october C t bar slat na I to ill lilno 1 l anen ell the of november ai li i T 11 6 entered eit ered into betheen bumberger Bamber na in alrh he TO he e rendit of at 2750 I 1 anti and ouch cuch further im M 8 00 alight be I paid aid in prospecting in a 0 omaha tl alro I 1 find and also in which v alch si ma signed 1 to t Para mt borger erger a one half nt i it ant 8 t in the cicrow IN r tile hud not t till I 1 in e et lik alie matter to wr hen court adjourned I 1 i will appoint cu moisio 6 tin the united states circuit As ard dl die let owr coult will convene oil nil july tilt lt 1 db Ma marshall ishall I 1 will then appoint lifted n ted baat main commie boners toners tor for this thin to t succeed cc cd th the states slate i ufa court A home hino ring ma expire on jt juno no lit in pursuance 1 t I act flags od may 21 24 ak it 11 IV 1 0 a hie t at the ont tolon all be lith mill be the next rule riny day in the tha federal I coul curits ta |