The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1889-11-07
Another Day in the Silver Bow Man.
damus Case Spentin Argu-
ment.
Afildavits from Hall, Campbell and
Irvine and the Canvassing
Boards Clerk.
The Republicans at Their Old Game oi
Technicalities-A Decision Prob
able To-Day.

RtfTrP Nov 6-l Special. To-day was
the dav set for the hearing of the mnndamus
case ON the right of appeal. At 8 o'clock
this r,orniuo ,he democratic counsel, Judge
McCorreu Y w Toole and NJ. Kirk
na,r;ck sna the republican lawyers,
Tbo,,Ds,r cannhell and Judge Knowles,
,var. i, ,heir nlacas and the courtroom
mos orou,,ed with an exnectant audience.
Unfor,pnata,v to- -d,v was the openinp day
90 ,hs tau torn, 81 the district court and
,.uoh ao,ov v,as oarsed TINS demonstrating
a., ,,;sdo,,, os hoviro ,he bulk of the bust
-. .,;...,.l 80 los, ,,aal
Tha oasoosw II vapnedav. accused Of
sn,hszz,in, sGoo of the Pacific Express
on,,,,,.r,,s money while acting ns their
aoan, =, Anaconda had been set for trial
,h;s ,,rrinc hut was postponed ill to-
,.o,ro,,, -, aocou,, of the absence of wit
,aa.as Thar ,be or,,a iurv was called and
:, ,,., A.. ,,r;s,rars il, the mil of
- -, aa .,,,a,,, six were oiysn the
-. -. ,,.,,;o,, ,ha, dacl;na5
an .I,.aa .,.,.o.a;no. soo,,al ;,,arm;na-
-, !. .ra. ,,.ao o,o,o.t wbsn Judge
nsw-,so sna,,, ororrcad ,ha, ba WAS
-. a,ou,o,, on ,ho randamps
'e' - ,1sraou oaarossoa ,ho
-. -. a.. os oo, 90 Aha ,b;af
a.. .-,.;...;g, :, u,a ,ua..or
80 - A. a.,,~. ,,as ,ho, ,ho dofenaar,,s
o.'aa, as.u 'a ~, 49,, ha .n,hor;1od 90 onnoor
rys .~;.,aa a. ,,,,,,, 70 .e,ao,,;,s had hoan
s,s, -. a.. ,o,0,.o -, ,ha, ,,,;n, Tho ,onr,
;ase..,-oa ,,;,,, ,,,a. 80 s,,.t oeaov;,s ,,oro
-, en- NJ Cor,nh,,l b.a ,ado a s,a,a-
u,an, ON ,ha, no;n, u,dsr oath Inn, n had
49,, -, - . ,,,o,,ar 90 rocord o,v;r, 90
49, a.aanoa 90 ,ha oo,r, s,snoor.,hsr a,
ar .;.a
NJ Ca,hou ;,,sorr,oa r,d,o Nccorno,l
A., ~, .,s;,;o,, hod hoo, f,Iiy o,,,;nea IN
A.. .,..,,,,,,,. ona ,ha ;,d,,a mini. oo
sa~ru,.a ,,,;,,,,n, foar 90 snrnr;sos
i'i"aiu mi'no'' '' -
Judge Mcoonneii stated una, MS eNpef.
fence with technicalities in this trial had
hoo, sucb that he WAS NOT prepared to over
- ,;,,,a 80 :, 60, a,,l ,,osoro
look any NIUE matter VI 'oi"i' "''" "o,o'e
proceeding with his argument lie desired
that the affidavit of Thompson Campbell as
a. &c ro,o;, as a,,,rnav for ,ha l,,.,rd of
w ni' i''''nei "e "'.'' .'' W." "
canvassers be placed on ME- ana Hiso the
affidavit of VIM. L. Hall. in reference 10
,ba soua matter
MI nan mas SHOWN no iohohesS ior k.|
ting into court, but has remained during the
progress of the trial M Walkeryille. The
80, -.,;...,.. -. -, an, .,..,..l,
ooui. a0o'iuihhiS WIN i'o0s' va, o'oe
to allow the procuring OF the afiidavit OF
Mr.. Hall. Al O'Clock court reconvened
I'm, NJ uoll,s .f,ia,vi. uas nn, va, randy
'"s 81
ana aiter Whl'lhg 'lh ociOch, tne Hihi
! iury for the term was called, and being in
snaic;snt in npn,ber uas exeused so Il was
e'-,,-
90 cioch "neh tne "inuaNi's were hhaily
filed and the case reopened. The following
| IL tha affidavit filed bv w n Hall
,.,-,.-.... -, ...,;;.,
4" lne uistr'o' W NV VI 'ue 'o''"u lu''0i"i
distli,t Of the territory of Montana. IN and
for Silver Bow county, territory OF Mon
tnna, ex rel ). y; Mchhtton' PlaintiI. vs.
WIN. NJ. JACK, W. Il. nan ana taleb u: IT.
vine, the board of canvassers of Silver Bow
county; w. Il. Hall being duly sworn, says
that he is one of the defendants IN the
above action; that on the lith day of Oct,
lb59, he was present at a meeting OF the said
defendants as canyassers of the election
held oct l, lss:' IN SAID county; that while
so IN session VIM. NJ. sack, one of the said
defendant canyassers, was IN the presence
OF the other canvassers defendants, duly
served with writ OF mandate In the said
action; that there and then the said
JACK and anlait IN the presence of
the SAID Irvine, ana within his (lryine's)
hearing, as to consulting and retaining an
attorney III regard 10 the said proceedings,
and concluded to take the necessary steps
TO defend the same; SAID Irvine was present
and made no objection at that time in any
way: that afiiant and said Jack and Irvine
there took recess until O'Clock p. m. of
said day; that during the same recess atiiant
saw Thompson Campbell and ratified the
retainer of said Campbell as attorney having
been informed of the said retainer of the
said Campbell by SAID Jack as said attor
ney. and frequently thereafter has con-
suited with said Campbell in relation there
10; that the said Jack departed on the said
l4th day of October from this territory ON
business and pleasure trip, as oiiiant was in
formed and believes, and 80 charges the
fact to be. W. T.. HALL.
Subscribed and sworn To before me this