The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-03-12
IT'S ALL IMPORTANT
A Matter of Widespread Interest
Brought Out in Court.
STANDARDS" CIRCULATION
jackson g. Yank's Case Comes
Up Before Judge Speer-The
Value Of the Newspapers
Report in This Matter.
STANDARDS" CIRCULATION

matter of more than usual inter-
est was brought out in the trial OF
case in Judge Speer's court yesterday.
1t had to do with a question of news
paper circulation and the Standards
figures became a part of the court rec
ords. The figures. however. referred to
the circulation at a period over two
years ago at a time when IL just be-
gan to climb upwards at rate of
speed that has been making some al
legged competitors feel dizzy. The fig-
ures, as they appear on the court rec
ords, show that on Jan. Is. 1894, the
general circulation Of the Standard was
9,255, and that the circulation In the
city of Butte was on that date 4.1s5.
The question of circulation came up in
the trial of the 5000 damage suit OF j.
H. jackson against John Yank, for an
alleged malicious prosecution. The case
was tried before a jury, and Howell q
Harvey appeared as attorneys for jack
sen and John w. Cotter and George
Haldorn for the defendant The jury
in the case was composed of James
Burns, Will L. Clark, j. A. Elliott,
Howard Adams, b. H. Dutton, David
Hogan, Frank Ambrose, Alfred Tippet.
John L. Carroll, Thomas Sturiridge.
George E. Sherman and Isaac Nadeau.
The trouble between jackson and
Yank grew out of some business diff
1894, jackson had been in the wood bus
mess in Butte and became indebted to
Yank and turned the business over TO
him in satisfaction of IL but remained
| in Yank's employ as general manager
of the business. They soon had some
personal difficulty which resulted in
Yank's arrest and fine in the police
court Yank smarted under the arrest
and started out to get even and on Jan.
| IL 1894 he had jackson arrested on the
charge of petty larceny for the alleged
| stealing of trunk
| jackson was in charge OF an officer
for several hours and paraded about
town in search of bail, and he finally
| gave a 500 bond and was released.
Yank also had a search warrant issued
and ransacked Jacksens house and
| took out a trunk. jackson had trial
before Police Magistrate Naughten and
was discharged and the trunk restored
| to him.
jackson was the first witness on the
| stand yesterday morning. He testified
that about noon of Jan. IL, 1894, a po-
lice officer and Yank and a man in
Yank's employ came to his residence
and forced their way into the house
and said they had a search warrant for
trunk. They also had a war
rant OF arrest for petit lar
| ceny. They said they wanted to
and they went through 1t and threw
everything out except an old memoran-
| dunn book and some old receipts relat-
ing to the wood business some years
previous. The trunk was removed to
the police court and jackson was also
taken down in charge of Police Officer
Hallahan- He was in the officers GUS
tody between three and four hours. At
the trial he was released and the case
against him dismissed. The trunk In
the case had previously been kept at
the Office of the woodward, but IL be-
longed to jackson and Yank had never
made any claim on 1t until the search
warrant was issued. jackson was
asked as to some previous trouble be-
tween himself and Yank The defense
| objected to the question but the court
| overruled the objection on the ground
that the testimony was proper for the
purpose of proving malice. jackson
said that on the fourth of January he
had Yank arrested for assault and bat
terry and from that time their feelings
toward each other were not of a very
friendly nature. jackson said he was
very much Inundated, mortified and
his feelings harassed because of his ar
rest and parade around the city In
charge of an officer, and the publica-
ton of the fact of his Arrest and tria
for petty larceny caused him great
, mental anguish and damage.
Mr. Haldorn, on cross-examination
tried to show that the sale of the wooc
business by jackson to Yank Included
the trunk and its contents, consisting
| of Jacksen's personal effects, clothing
private papers, etc. The court, how
ever, ruled out most of the question.
]. j. Hammill bookkeeper for the cir
. culating department of the Anaconda
Standard, was called as a witness 4
testify as to the publication of the ar
rest of Mr.. jackson. The item appeared
in the Standard of Jan. IL, 1894. and re
lated that Mr.. jackson had pleaded no
guilty to the charge of petty larcen!
for the stealing of a trunk belonging Z
John Yank and that his trial had beer
! set for several days later.
What was the circulation of the An
aconda Standard on that date?" aske'
Mr.. Harvey.
; THE total issue on that date wa
{ 9,255 copies" was the answer, after MI
Hammill had consulted figures takei
: from the circulation books.
How many papers were circulated Il
: Butte on that day."
-Four thousand. one hundred an
eighty-five."
what is the Anaconda Standard"
: 1T is the newspaper"
Where does IL circulate?"
1T is a state paper. and circulates 4
every part of the state
is tndt All the iteiil sdys-thdt IL
pleaded not guilty. and that his cas-
was set for trial?" asked Mr.. Haldor
on cross-examination.
THAT is all"
That concluded Mr.. Hammilfs test
n | mony II was brief but interesting.
Mrs. Remack testified that she wa
: present when the officer and Yam
A came 10 Jacksen's house with tn
search warrant and order OF arres
& Mr.. jackson was recalled and testifie
that Yank had told him he was wort
$40. 900. but the testimony was ordere
! stricken out. The judgment roll of I'll
police court. showing Jacksen's arres
and subsequent discharge on IN
e charge OF petty larceny, was introduce
in evidence showing that jackson wa
discharged without having been requil
| "a 70 introduce any testimony. and n