The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1890-12-16
ASSOCIATION.
How for a Small Amount it Was
Used to Destroy Mans
Credit.
A Civil Suit Which Assumed a
Different Aspect on
Trial.
The Jury in the Case Agrees to Disagree
Another Hearing Will be
the Result.

Judge Fleischer's court was the scene of
trial of considerable interest yesterday
afternoon. It started off as civil suit
brought by the Montana Lumber and Man
ufacturing company against Joseph Often.
a painter, to recover the sum of $3.50. A
jury trial was had and both sides we're rep
resented by counsel, Il. &. Davies appear
ing for the plaintiff and j. W. Kinsley for
Often. The defendant acknowledged the
Indebtedness in answer, but brought
counter claim for damages to the amount
of $299 based upon the allegation that the
plaintiff had injured his reputation and
business by publishing or causing to be
published his name in dead beat list
and by notifying him through the agency Of
a threatening letter that unless he paid his
bill of $3.50 he would be published as a
dead beat, and would thereby lose his credit
among the merchants of Helena. 1t was
further act up in the answer that he was
published, and that the injury done him
was prompted by malice.
1t developed in the evidence that there is
an association of between fifty and sixty
merchants Of Helena who report through
the Andrews q Odds Protective association
who is and who is not good pay. Often re-
ceived a threatening letter from the asso-
troyed it, though she told her husband of
its contents. On going to the grocery store
of +. X. Turner few days later he was no
tilted that he was on the dead beat" list
because he did not pay the lumber company
$3.50. Mr.. Turner offered to pay the bill
for him, but Often declined the offer. He
was then told that hereafter he had better
run his account with the store in his wife's
name. He did SO and his credit went on.
Mr.. Southmayd, of the Paynter Drug
company had also been notified through
the association that Often was on the black
list. Often owed that company 500 and a
clerk was sent to notify Mr.. Often that his
credit with them would have to stop on
that account. 1t was shown, however, that
Often had running account with the
firm. He paid up part of his bill as often
as the account was presented, and in Octo-
Der the firm was indebted 10 Often.
As to the $3.50 due the lumber company.
Often claimed it was not due when the suit
was brought. He had considerable business
with the firm and frequently did work for
them. He said that short time ago Mr..
Gebauer, of the lumber company. told him
he would have some work for him and Dit
ten depended on this to balance his &C
count, as had been his custom.
The other side set up in defense that
there was no evidence to show that they
had sent the threatening letter, or did pub
lish Often, and if they had done SO it was
perfectly legitimate and not libelous. In
his remarks to the jury Mr.. kinsley ad-
mitted the indebtedness but pleaded for a
verdict, even though it were nominal, to
put the seal of condemnation upon such
petty and malicious practices as these,
brought out by personal feeling. He open
ly charged Mr.. Rector, the lumber COM
pany's agent, who was in the court room,
and who prompted his counsel during the
examination, with having been the author
of the libelous and malicious attack.
"You are liar" said Mr.. Rector.
81 would not stand much of that from
you on the outside,' retcrted Mr.. kinsley,
and at this juncture the court raped order.
posed of L. w. Spencer. Homer hewins, A.
Dougherty, o. Sohoenfeldt, j. j. FAINT.
The jury failed to agree. standing
three to three. A new trial will be
the result. A man who overheard the talk
III the jury loom, stated that one of the
jurymen wanted to award Mr.. Often SD
damages to his reputation, while the same
man afterwards insisted that the verdict
should 80 against him.