The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1889-11-07

The last act in the great trial was played
to much smaller audience, though to on,
thoroughly interested il was easily apparent
that the decision on the appeal was the gist
of the whole trial aud the crisis in the man.
danIus proceedings. Popular interest has
wearied of the long strain and the court
room was not filled. Court convened
promptly nt Z O'Clock, and Thompson Camp.
bell began his argument. MIR. Campbell
went at once 10 the California cases. in
which the appeal and stay Of proceedings
held good in mGndamus cases. He re.
ferred TO the same cases that had
been cited by Judge Knowles. From this
he passed ON TO answer JUDGE McConnell'e
| argument that the attorneys for the defense
were not authorized 90 appear for the mp
peal. AZ this point Mr. Campbell asked
leave TO file nm affidavit of George W..
Sproul. controverting the affidavit of Caleb
h. Irvine. 10 the effect that the latter WIS
present when the board employed an
| attorney.
Mr.. 1oole objected TO the filing of the
affidavit. but Judge DeWolfe oyerruled the
| objection. The court said the proceeding
was irregular, but inasmuch as he had
allowed so much latitude 10 far, he would
allow the proceedings TO 90 on; neverihe-
less. he was quite severe In his reflection ON
the filing of additional aftidavits nj late
hour in the argument of the chse. The
democratic counsel nc once claimed the
right of filing additional affidavits in rebut-
tai of the ailidayits of Mr.. Sproul. Mr..
roole stated that he would also introduce
the returns in the morning, with the inten-
tion of showing the interest and animus Of
the man Hall in this case. The attorneys
then agreed 10 continue the argument with
h. ,A.f.f a nslfN la Flu int Na al
the right 10 file additional aiiidavits 0t Z
o'clock in the morning. Mr.. Campbell then
proceeded 10 read the Sproul affidavit,
which WIS ~ follows;
George w. Sproul being duly sworn,
says that ON the l4th day of October, A. d..
1879. he was acting as one of the Gle Ks for
the canvassers of the election of October 1,
1889: that on said day shortly after O'Clock
be was in the probate court room, when
Caleb Il. Irvine, one Of the canvarsers and
the probate Judge of said county, came
in, when atliant asked him whnt the
clnvassers we're doing: that the said Irvine
then and there made answer that they had
adjourned and we're going 10 advise with
and retain an attorney 10 attend 10 the
mandamus proceedings, but that be did not
need an attorney and would make or write
his own reply" Gro w. SrRoUL.
Mr.. Campbell continued his argument MS
10 authority to appeal from The standpoint
Of this affidavit. He was followed by
Judge Knowles, who supplemented his
argument by reading some more California
authorities.
The argument WIS closed by 4. w. Toole,
who made an exhaustive aud comprehen-
give statement diyesting the case Of the
legal rubbish which had been thrown
around IL by the republican counsel AZ
the conclusion Of his speech the court took
an adjournment until y O'Clock tomorrow
morning. The case would have been fin
ished tonight but for the dilatory tnctics
of the republican counsel IN introducing az
fdayits just Ht the close of the argument.