The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-07-19
James A Mcknight, OF the Helena
journal, Appears Before
Judge Mediation.
He Says He Docs not Think the
Case Involves ANY
Law.
Tho Judge Replies That He win Decide
That Mattcr--Case Continued I'm
til Thursday Next.


Knight. of the Helena journal, appeared in
Judge McHatton's court to answer to tho
charge of contempt in M article that ap-
peared in the journal Of July 7. George Il.
Boos and f. II. Bowie did not appear, but
their written answers were received. Each
claimed that he knew nothing of the arti-
q in question until it appeared in print.
Their answers. however, were not entirely
satisfactory to the court. and Thompson
Campbell, as prosecuting attorney, moved
that these gentlemens 8 bail he 70; feited and
bench warrant be issued to bring them
forthwith. This motion WAS denied by
Judge Mediation on Mr.. Meningitis ngrce-
ing to produce his associates when they are
wanted. Editor Mcknight engaged no
counsel. AS Mr.. Campbell was areu-
ing for the forfeiture of the
bonds MIR. Mcknight several times inter
rupted him and finally Mr.. Campbell ex
pressed his opinion that Mr.. Mcknight
should be represented by counsel Mr.. Nc
Knight, however, still neglected to procure
legal assistance.
II suppose it is the duty of the court at
this time" said Judge McHatton, "to ask
the defendant whether he is able to employ
counselT"
'Do you refer to me individually or to the
Journal Publishing company" asked Mr..
Mcknight.
ITO you, individuality"
Individually, am."
The judge then said that he could not un-
der such circumstances appoint counsel for
the defendant. and it would lie with him
aI. B,,
counsel.
81 do not want a lawyer" said the de-
fendant, "because ! do not consider that
there is any law in this matter"
1.-The court will determine whether there
is any law in this matter or not" replied
the judge.
Mr.. Mcknight continued that he had not
wished to involve the journal Publishing
company in the cost of a long suit at law,
as he thought simple explanation by him
would be all that the court would require.
He declared that he alone wrote the article,
and he alone knew anything about it. But
if the Base was to be tried he would ask a
continuance. The case was accordingly
continued until next Thursday evening at
which time it was ruled that all the defen-
dants should be present. The following is
the answer of Mr.. Mcknight:
In the second judicial district court of
the state of Montana, in ana for Silver Bow
county. III department No. 1.
State of Montana VS.. George E. Boos
James A. Mcknight, Il. II. Bowie Now
comes James A. Mcknight. one OF the above
named defendants, and for answer to the
citation OF rne Hon. John j. Mediation
judge of the aOove named court, issued by
the said court on the 18th dav of July. 1891.
First H. admits that thu arli,le set
forth in the order of arrest an citation
herein to rnswsr for conten pt of the court
was published in tho Helena Dally journal
on the lth day of July. 1891.
Second, He admits that he is tie manag-
ing editor of tue Helena Daily Jou nal, tue
paper i'll which the article mentioned in
the warrant of arrest and citation was pub
lished.
Third, But said defendant denies that the
matter therein uttered and published as
uttered and published in said article, re-
tlected upon the judicial character and
honesty of said court. or the honorable
judge thereof, and denies that said matter
as publish d and uttered is or was dsre-
spectful or intended to cast odium upon
said court or the honorable judge thereof,
or to bring said court or SAID honorable
judge into dsrepute.
Fourth Further answering, defendant
alleges that the article i'll question, a copv
of which is set forth in the said warrant of
arrest and citation, WAS written and inses t.
ed in said paper by himself. That he had
no intention of committing and did not
| commit any contempt of court in said pub
lcation. Therefore having fully answered
all matters and things contained in tie
citation of the honorable court, said de-
fendant prays that he be discharged and
may go hence with Judgment for his costs
herein expended.