The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-07-14
Manager Boos, Editor Mcknight and
City Editor Bowie Put Under
Arrest.
BY Order of Judge Mediation, OF
the Silver Bow District
Court.
Contempt of Court Is Alleged In q Publi-
cation ine the Helena journal
OfJuly7.

BUTTE, July 13.-ISpecial. This after
noon an order was issued by Judge McIiat-
ton summing the editors of tho Helena
journal to appear before him on Saturday
next to show cause why they should not be
punished for contempt OF court. Under
Sheriff Gallagher left for Fl LENA this af-
ternoon to arrest this staff of that paper.
The warrant Of arrest allows tho defend
ants to be bailed in the sum of $1,000.
Supporting the action is an affidavit filed
by Judge Mediation, setting forth the fact
the Davis will case is now pending in his
court, and was at the time certain article
published in the Helena journal of July 7.
1t is asserted further that the defend
ants were responsible for the pubii-
cation of that article, and that
tho charges therein were false and con
temptuous. The article on which the ar
conversation with an old Montanian and
was headed "Whv There's Prejudice" The
order issued by Judge Mediation to-day is
as follows:
In the Second judicial district court of
the state of Montana, in and for Silver Bow
county, in department No. l. The state of
Montana vs. George Z. Boos, Mcknight,
whose first name is unknown, and John
Doe, whose real name is unknown, the state
of Montana to the sheriff of Silver Bow
county-Greeting:
Whereas, The above named defendant,
George e. Boos, is business manager, and
Mcknight, whose first name is unknown, is
the editor, and John Doe, whose true name
is unknown, is the local or city editor of
the Helena journal. newspaper of general
circulation published mt the city of Helena,
in the state of Montana, and,
Whereas, There was ut former term of
this court, a certain cause pending therein,
| in department ] thereof, before John j.
Mediation, judge thereof, and known as
the ''Davis will case" and involving the
probate of an alleged will of A. j. Davis,
deceased, wherein John A. Davis is the pro-
ponent and Henry A. Root and Maria Cum
| ming are contestants, and
| Whereas As it further appears that the
said George L. Boos. Mcknight, and John
Doe, dld, on the 7th day of July, 1891, and
while said cause or matter was still depend
ing and standing for trial in said depart
ment of said court before said judge pub
lished and uttered in said Helena journal,
II newspaper of general circulation. and
with which they were connected and en-
gagged as manager. editor and city editor,
as above stated, the following langu age and
statement concerning the matter and said
court and judge, to-wit:
WHY THERE rs PREJUDICE.
An old Montanian who is very familiar
with all the ms and outs of the Davis will
case, was discussing yesterday the subject
of the change OF venue asked in this cele-
brated case when he said: prejudice?
| Why of course there is prejudice. The
money involved in this case has turned the
| head of every man, woman and child in Sill
| yer Bow county. Republicans and democrats
are sworn allies and friends in all that per-
| tains to keeping the estate in the hands of
| the Butte parties; and they stood togeth or
| for the reelection of Judge Mediation
| solely because they knew that he could
| never be won over to any other view of the
will than the Butte view This was why no
| Republican nomination was made, and
why Notation was so readily
adopted as the can lidate and elected by so
pleasing vote. / tell you there is money
enough IN this business to corrupt every
corruptible man in the state, and it has
| caused a deadly bias in the minds of some
men who could not be bought with money
at all. There nre not moro than one or two
cases to-day before the courts of this coun-
try in which the stake involved is SO great.
Nothing like fair trial can ever be had in
Silver Bow county, as neither a Judge nor
jury could be obtained there that would
render decision in accordance with the
evidence. Therefore, unless change of
venue is granted the jig is up for the con-
testants of the WILL"
And Whereas, Said newspaper ia circu-
lated in Butte City, Montana, where said
court is held and is now sitting, and where
the judge thereof resides and said newspa-
per and the matter therein uttered and pub
lished has come under the observation of
said court and judge and reflects upon the
judicial character and honesty of said court
and judge in said matter, and is disrespect-
full and intended to cast odium upon said
court and judge, and bring them into dis
rel ute, and an affidavit to that effect has
been filed herein; now.
Therefore, You are hereby commanded
forthwith to attach the bodies of the above
named George T. Boos manager; Mcknight,
editor, and John Doe, whose true name is
unknown. city or local editor, of the Hole-
na journal, and have them before our said
court ut ten O'Clock a. M. on July Is, A. d.,
1891, then and there to show cause why
they should not be punished for contempt
in uttering, publishing and causing to be
uttered and published said language and
statement.
Witness, tho Hon. John S. Mediation,
Judge, and the seal of said court this 18th
day of July, 1891.
(Sign cd) WILL l.. CLARK, Clerk.
BY PERRIN IRVINE, deputy.
The GentIemen Arrsstcl