The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-12-10
FOR $4,000 DAMAGES
The Big Suit Of 3. L. Frank Against
Steele and Others.
A SEALED VERDICT IN HAND
Hoge. BrownIee d Co Obtain Jude-
ment for SIT. 90 Against the
West Side Racing AssocIa-
tion-Court Business.

The $4,000 damage suit of H. L.
Frank against ]. H. Steele and others.
owners of the Clarendon house prop
erty on Main street, was tried In Judge
McHattons court yesterday before a
jury composed Of Simon Hauswirth, s.
Slater. A. w. Barnard. John Doyle, @.
w. Farlin. John Long, r. M. Campbell,
Inn Tucker. Cyrus Simons, James H.
| tucker, +. II. Symons and Charles
Skogland. The suit was an outgrowth
or the old trouble over the lease on the
Clarendon house which was at one
time held by Mr.. Frank but assigned
by him to another person. The place
was vacated and the owners tried to
hold Mr.. Frank for the rent and finally
brought suit against him for a small
amount alleged to be due. Notwfth-
standing that Mr.. Frank was financial
~ good for any judgment that might
De obtained against him. an attach
ment was issued and the sheriff levied
on his stock Of liquors at Mr.. Franks
place or business on West Broadway
and threatened to close up the place or
take out goods enough to cover the
amount of the suit. Mr. Frank was
compelled to put up bond to prevent |
the attachment.
The matter of the suit was tele- |
graphed to the mercantile agencies in |
the East and published in their re- |
ports, and some goods that had been |
shipped to him were stopped on the |
way and Mr.. Frank claimed that the
whole affair, so far as Steele and his
partners were concerned, was malicious
and that the action was instituted
against him for the purpose of dnjur-
ing him In business. The suit for dam
ages followed.
When the case was called for trial
yesterday the plaintiffs attorneys.
John w. Cotter and G. w. Stapleton.
asked leave to file a replication. wbicb
was denied. Stephen De Wolfe, for the
defense, then asked for a continuance
until after the trial of the attachment
suit out Of which the damage suit
grew. He said the latter suit should
not be tried until the original case was
disposed OF. His motion, however. was
overruled. MIR. Frank in his testimony, ,
said he owed Steele and his partners
nothing at the time they brought THE
'uit against him. MIR. Frank was asked
what IL cost him to employ counsel On
ne attachment case, but the question |
vas ruled out, and the court decided
he witness could only testify as to the
actual expense of the attachment, and
he was not allowed to testify as TO the
mount or damage to his reputation as
| business man or introduce cores
,ondence he had received from cred
tors.
The lease on the Clarendon was in
reduced, and it was shown that II had :
'een made out to Mr.. Frank and later :
ssigned by him to Bert Hubert. and
'teele signed his consent Hubert paid
is rent for is months and got several
and the rent was finally put | 7
own to $500 month. Hubert wanted
further reduction, but Steele would
OF give 1t and Hubert moved out. 4,
teele then said he would hold Frank .
Or the balance of the rent due on the =
nexpfred lease. When Hubert moved :
ut steele had possession of the prem !.
es and ior several months was remod- :,
ing the place and making improve ;,
rents and wanted to collect rent for :.
lat time. The defense to Mr.. FRANKS y
ut was that he owed the money for
Mich he was sued and there was no !.
alice in levytng the attachment =
The case was given to the Jury about II
O'Clock and they remained out until d
oout O'Clock when they returned "
it'll a sealed verdict which will he D
'ened this morning. c.