The record-union., 1894-12-13
AFFIDAVIT MILLS ARE HUMMING.
They Arc Turning Out Their Grist By
the Yard.
More of Them Filed Yesterday in the
SANDER Case OF John skeluon
Against w. II. Cnmpbeil.

Another batch of aflidavits in the
Skelton- Campbell damage suit were filed
in the County Clerks office yesterday.
Last Friday Hiram w. Johnson, Skol-
toms attorney. read an all idavit, in which
Shelton stated that he had good, valid
and meritorlous cause OF action, and that
the delay in bringing the case TO trial was
not occasioned wilItully by him, but that
since the case was set for trial on January
y, 1891, he had been very sick, which in-
capacitated him for u considerable time
from attending to his business. SHELTON
further stated that the delay III bringing
the case to trial was agreeable and salts
factory to Campbelrs attorney, Isaac
Joseph, and that no objection would be
made to the delay.
1t was also averred in the affidavit that
a Mrs. Birdsall, his principal witness, at
the time the action was commenced re-
sided IN this city, but that some time in
1851 she went away, and SkeitOm did not
know where she had gone, and could not
communicate with her or take her depO-
sition; that she remained out of the city
Tor more Lhan a year aud u half, and he
did not know exactly Wnen she returned.
Skeiton further stated That he and
Campbell were mem Ders of the same
lodge at the time the action was COM
menced, and that alter a day had been set
Tor the trial OF the case he was ilnportuneu
by members OF the order TO refrain from
pushing tue case TO trial, and was assured
that the matter would be satisfactorily
arranged, and that ii would be better for
the interests of the order not TO push the
case.
Acting on the advice of the members,
he agreed not 10 push the case until il was
necessary to do SO. This is one OF the rea-
sons why the case was not brought TO trial
and he supposed that this delay was with
the knowledge and assent OF the attor-
neys for Campbell. He believes that
Campbell mover at any time had the case
set for trial.
After the affidavit was read, Superior
Judge johnson gave Isaac Joseph, Camp
belPs attorney, PERMISSION TO file u coun-
ter affidavit, which he did yesterday
In this affidavit Joseph says that, ac-
cording to his recollection, one OF the
firm OF Johnson, johnson y johnson,
some days prior TO January 22 lS9l-the
time the case was set for trial-intormed
him that ali the members of the firm eX-
pected TO be busy with other matters on
the day fixed for the trial, and that they
would be greatly lnconvenieuced if de-
tendanJ insisted that the case be tried on
that day, and requ ested Joseph TO consent
for a continuance tor the term, which he
did. He denies that he ever told or gave
the plaintiff, or any of his attorneys, to
understand that the delay in the prosecu-
ton of the case was agreeable or satlstac-
tory to him.
Joseph also filed atfidavits by Mrs. A.
J. Cooper formerly Mrs. BirdsalD, Belle
Quarles, W. a. Stephenson Secretary
Capitol Lodge, l. o. y. r., Thomas Nc
Canrey and w. X. Campbell, defendant
in the suit.
Mrs. Cooper states in her affidavit that
she left this city III 1891 for Dunsmuir
and remained there about a year, after
ward returning to this city, where she
has resided for more than two years last
past, except during il period of about
three weeks subsequent TO the late rail-
road strike, when she resided at Duns-
muir. She also lived in Washington,
! \ olo County, for four months. Prior to
| leaving tnis city Mrs. Cooper states she
| informed Skelton that she was about 10
! go to Dunsmuir, which would be her
| future home. Shortly after having re-
| turned to the city, in 1892, she informed
SHELTON that she had returned, and since
then has met him frequently. Nine
months ago, Mrs. Cooper states, she e!i-
! ployed Skelton TO haul her household
! effects from her home at 4lT5 IL street to
! 40 L street, aud about TWO months after
Wafu size again eln DIOyeu MIN 10 transfer
! her effects from this city 10 Washington
! Holo County.
William y. Stephenson deposed that
! from 1891 10 1874 olelton. W no is a MEM
ber OF Capitol Lodge, was sick but two
weeks, for which he received The sum of
| IS for benefits.
| Thomas McCaifrey in his affidavit
states that his place of business adioins
! that of Skeletons woodward, ana that al
most daily during the last four years lie
/ had seen SHELTON i'll and about his wood
/ yard engaged in attending 10 his busi-
ness.
! Campbell, against whom Skelton
/ brought suit to recover -, ,0JU damages
/ tor defamation OF character, and V hich
/ about eight weeks ago was dismissed by
! default, avors III his affidavit that he
never said that the delay in bringing the
! case to trial was agreeable to nim. He
| never requested any member of the
/ lodge to lmportune Skelton to refrain
! from pushing the case Campbell further
! states that he AMI SIX elton belong to the
1 order OF Chosen Friends, ana they have
met frequently In the loigerooin. Skel-
/ ton has for the past four years appeared
! to have enjoyed the best OF health, always
attending in person to his wood and coal
! business, except for about two weeks in
/ this fall, at which time atliant is informed
| Six elton was confined TO his home from
/ the effects of a stick OF wooG falling on
his leg.