The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-05-07
Al Burton Being Tried Here on
4 Charge Of Criminal
Libel.
Distributed Circulars Rejecting
on n. II. GuthrIe's
Character.
Tho Cass Grows Out Of = Failure In
Business Mt Butte Inst Teb-
ruAry.

Tho criminal libel case againat A. +.
Burton. Of Butte. for distributing printed
circulars containing allegations against II.
II. Guthrie, Of Helena, was called in Judge
Hunts court yesterday. The information
containing this matter in the circulars was
read to the jury. The circular il addressed
to the people Of Helena and Butte. " says:
The object OF this sheet IL to let the people
Of Butte and Helena in particular know
what a thieving, unprlncipled rascal ID their
eI-county assessor and present deputy
United States marshal, Fl. Fl. Guthrie.
During the month Of October, 1880, Mr..
Guthrie and i'll. Davis opened q cash
grocery store at 2O2 North Main street,
Butte, Montana. giving mo employment in
the capacity Of a clerk, which position I
hold till Nov. II, 1891, when I formed a CO.
partnership with Mr.. Guthrie for the pur-
pose Of conducting a wholesale liquor bust
ness at 206 North Main street, Butte. Mr..
Davis in the meantime disposed Of his inter
est in the grocery business to Mr.. Guthrie.
The conditions Of the partnership was that
we should put into the business 81. zoo each,
and on November II, 1891, in compliance
with that agreement I gave Mr.. Guthrie a
certificate Of deposit on the Silver Bow
National bank Of Butte for $4,000 and went
to California to purchase q carload Of
wines for orr business. When I gave Mr..
Guthrie the s., 1900, I remarked: You de-
poBit this to our credit 80 I can draw
against it should I require it in purchasing
the Wines" Instead OF depositing til 9
So. 800 to the credit Of the liquor Arm be
turned it into the bank to his own indi-
vidual credit, he being Of that time unbe-
known to me behind at the bank about
$4,000.
ION Feb. l, 1892, the Silver Bow National
bank issued an attachment against Mr..
Guthrie for about $l7, 900 and levied on not
only the grocery but the liquor stock also
to satisfy Mr.. Gethrie's individual debts.
s202 South Main street he pnt $4,000 into
the business. As before stated, ! paid him
$2b,000 and w. ii. Archer had on deposit
with him $1,000. which mount he claims
he lost during the fifteen months he run
the store.
HE having treated Mr.. Archer like nv
self and deposited the $4,000 to his own
credit at the bank, Mr.. Guthrie having done
a strictly cash business, the question mt
urally arises, what became Of the ST., 50O?'
I propose to show what became Of a large
portion Of II" The circular then charges
meets his name with a Mrs. Ida Plaster at
Butte. Mrs. Florence Philbrick, who's
name is also in the circular, says she first
became acquainted with Mr.. Guthrie
through Mr.. Burton, and that q part Of the
81, 500 belonged to her. At one place in
but is evidently a misprint. Mrs. Phil
bricks card also mentions Mrs. Plaster in
connection with Mr.. Guthrie.
County Attorney Nolan put Mr.. Guthrie,
=. L. Luke and United States Marshal
Furay. on the stand for the state to prove
that three copies of the circular had been
distributed, each witness receiving ono
from Mr.. Button. The testimony also
showed that Burton and Guthrie had some
words over the s., 800 about two weeks ago
in the back part Of Turner's grocery store
one evening. When Burton handed the
circular to Guthrie the latter picked up a
stone used as a paper weight and struck at
Burton with it. Guthrie was either pushed
or knocked down by Burton. f. j.. Luke
pulled a pistol on Burton, who quit and
Mr.. Guthrie testified how Burton had at
tempted to collect the money BY threats.
Guthrie said no could NOT puy: that he did
not have a dollar. H. T.. Luke, who ex-
amined the books of the firm at Butte, said
they showed hat the business was a losing
one. During the afternoon the defendant
was on the witness stand and testified sub
atantially as related in the first
part of the circular as to his
business relations with Guthrie.
He said he entered the store one morning
and surprised Mrs. Perster and Guthrie on
married Mrs. Philbrick on April 81 last.
On cross-examination Burton was asked if
he had not sustained illicit relations with
Mrs. Philbrick before their marriage. The
court told the witness that it was his privi-
lege to refuse to answer if he saw fit. Bur
ton did not answer the question. Mrs.
Burton, a neatly dressed ind tine looking
woman, had q seat near her husbands at