Mineral Point tribune. (Mineral Point, Wis.) 1869-1938, 1894-03-03

lSt A'"S - ''A'i i5'
Madison. Feb. 2G.-Shorty after 10
.-rlock this morning the roster contract
ease was called for trial by Judge X.
a.. Siebecker in the Dane county circuit
.gurt. Attorneys John NJ. Onn. of
Madison. and NJ. G.. Jenris. of James.
vile of counsel for the plaintiffs. were
nr hand bright and early. loaded down
t,.,h documents galore. Their clients,
,t.,Ir.e and Robe DOW. W. A. Tracy
anl ". f. f.. NLcFaiI were also on
land carry. All of the defendants,
,,oy. pc-N. Attorney General O'Connor,
ASSISTANT Attorney General CIancey.
,N.prylfe s,Icr;lry Clark cx-Ad-
miami General Doe and Senator Bash
rru wore There al. wore all of their
attorneys win the exception of Col.
rIlNs WipalIS and liver. Of james
VILE and T. +. Villas one OF the gov
.,unr's ATTORNEYS The other defend
ANS ATTORNEYS are ]. q. FLANDERS, of
Milwaukee. sutherland & Nolan, OF
.IIuesyllle. aad II. w. Chynowcta,
Rur. W Jones. Il. NJ. La Toilette. Il.
D. Lamb and g. j, stevens, Of Madison,
An accomplishment of surely great
moment was the securing Of a jury
the first day Of such an important trial.
At the opening OF court Clerk Feb
.dndt called the jury roll with the re
salt that but twenty odd were found
80 be present As soon as the judge
had called the case, Attorney Olin
asked permission 10 add an allegation
20 the complaint 10 the effect that the
defendants consplred to cheat and de
fraud the state ana as necessary
part and step to that conspiracy TO
cheat and delraud the plaintiffs in this
action
Nh. ChynoWeth said that he did not
know but the plalnuiis mad concluded
that they could not SHOW conspiracy
70 detraud the plalnuns, put might
nave enough left to show conspiracy
70 detraud the state. The two theories
were at right angles It might be that
me very Iallure OF Jhe ueIeuuahtS 10
cOhsmre 10 delfaud the state cons u
'u'eu sne c0lSi'ii"e! - u'ii"uu 'Le
''''-n ''ii''
II was point winch the pElntius
attorneys ala not care enough ABOUT
winning TO spend much ume u afsu-
MeAt MI Olln stated mat the 0llclaL
positions Oh the defendants ana tlelr
'lhclaIs aeIs, as SHOWN III aIl Ihe Plead
-usS ana evidence InNNFeu tAls Ques-
Lon necessarily lie should not ask
OF expect 10 recover unless IL was
SHOWN Ihat the DEFENDANTS conspIed
70 ueIrdud Jhe plalhullS, Dul the at
'elnpt 10 deIraud the state was nee
eSSiuy part OF that conspiracy.
Mr., Jelrls explained mat the new al
-eGauon was probably fuuy covered IN
me complaint, but they wanted to make
sure OF IT. lie wished to inform the
gentlemen, ana this was a proper time
mat they were not trying this case for
newspaper reports and the defense
would ind 1t out. They were trying
Lhls case for $4,000 and if, as Mr..
Chynoweth said, the allegation was op-
posed to the recovery Of the money,
me defense could not complain
The court denied the amendment as
Unnecessary and il might lead 10 mis-
conception. If he understood the com
plant the allegation was that defend
ants conspired to defraud plaintiffs.
~ the testimony should show that there
was a conspiracy to defraud the state,
IS was purely a matter of evidence and
would stand as such.
There was a luIl in the proceedings