The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-07-24

Weed, "it Ia In the publication OF tho arti-
ole, not in tho private expression Of it,
II shall refuse to answer the question:"
said Mr.. Mcknight. until / obtain the
Rentleman's permission"
''Then shall oommit you until You do
answer it," said the judge.
1t was agreed that the defendant should
have time in which to consult the "old
N ontanian."
Mr.. Campbollresd the editorial published
in last Sundays Journal headed "Ihat
Contempt Case" and stating that the lib
erty OF the press of Montana ia in danger,
and intimating that methods of Irish courts
are being transferred to Montana. He also
read the telegraphio account of last Satur-
days proceedings. Both articles were
filed.
do you think there is anything offensive
about those articles?' inquired Mr.. Nc
knight in surprised manner.
II am not commenting on that" said Mr..
Campbell.
Mr.. Weed then took the witness in hand
and to him Mr.. Mcknight said that he did
not consider there was anything offensive
in the article. He said he had studied it
over sentence by sentence with this best
grammarians in Montana and they could
find nothing in it offensive to any
court. He said further TINT he
published it as news item, not as
an editorial. He admitted that on reading
the article the second time he thought it
might possibly offend the republicans of
Silver Bow county, but had no thought that
| it would offend anyone else. The boys were
yelling for copy, SO he sent it to the
printers.
Judge Mediation then propounded few
| questions to the witness: 'What do you
understand by news item2"
"There are several different kinds of
news. One kind is gossip have endeav-
ored to inaugurate on the Journal a column
of this stuff, called The Man About Town.
All editorial opinion is carefully eliminated
from this column"
"Does news represent fact or fabrica-
tion?'
elm a strict sense news is an account OF
what happens"
"Do you consider that this happened?"
'"rhis was not strictly news. 1t was
gossip
"Did you believe it to be true?"
ooh, l thought it likely that the two par
ties might have combined to re-elect you"'
"Have you any knowledge of what is gen
orally known as Justice and equity in courts!
Do you know that the judge is supposed to
rule according to law and equity and moi
according to personal prejudice?"
"Certainly. Now think it over, cnn
see how the article might be construed
in an offensive sense. But 1 had no suct
intention. / wrote it in great hurry"
"How do you now consider the article?'
II think it is altogether too general in al
respects to reflect on any particular cour
or judge"
"Do you think from your consideration o
the matter that this charge contained il
your article, that there could not be oh
tanned in this county fair Judge or jur
does not charge improper justice on tn
judge of this court and give the impression
that the judge is prejudiced?"
Had I intended any structure on til
judge / would have put it in the editoria
column as double-leaded matter instead o
in the gossip column"
"You think you are the injured person il
this matter?' asked the judge.
, II do not.'
The case was then continued until to
morrow night to give Mr.. Mcknight tim
to ascertain whether he will divulge tn
name of his informant.