The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-02-28
IT WAS EXCLUSIVE"
A Story Without Foundation or Fact
Printed in the "Miner."
GRAVE CHARGES ARE MADE
The Only Thing Wrong About the
Article Is That II 10 All
Wrong-Honorable Men
Falsely Accused.

With its characteristic penchant for
getting things wrong, the Butte Miner
yesterday morning published an "ex-
elusive" story to the effect that &C. W.
Stapleton. one of the attorneys for the
Butte * Boston company in Its re-
Gently decided suit against the Lexing-
ton Mining company. handed Judge
Mediation a bunch of afiidavits yester-
day which were to the effect that the
losing company in the action was seek
ing TO dispose OF it's property in order
to avoid payment OF the verdict for
$l25.00 returned by the jury" and fur
Their. that Judge Stapleton was in
formed that the Lexington company
was disposing of its property TO Judge
Dixon and John w. Cotter, its attor-
neys, and that several transfers had
been made, some prior to and some
since the trial OF the big suit"
The sensational article also said that
the "affidavits were handed to Judge
Mediation by Judge Stapleton who, in
a few words told the nature of their
contents" whereupon Judge Mediation
replied: Let me take the papers;
what you want is an order in con-
tempt" The story was topped off with
a scare head" implying an unlawful
collision between the Lexington COM
pany and its honorable counsel with
intent to defeat the ends of justice and
the orders of Judge Mediation.
The only thing wrong about the arti-
Gle is that there was no bunch Of afli-
davits" filed: that not a word was said
TO Judge Mediation about an alleged
assignment of its property by the Lex
ington company; that there had been
no inference from Judge Stapleton or
any one else that the company was
seeking to dispose of tbs property in
order to avoid payment OF the verdict
for $l25, 000;" that not the remotest ref
erence was made to any such thing
and that Judge Mediation did not say,
What you want is an order in con-
tempt" in fact. nothing of the kind
was brought before the court and, on
the authority OF Judge Stapleton, moth
ing OF such a nature was ever contem-
plated. because there was no reason
for It,
There rs not a word OF truth I'm IT,"
said Judge Mediation yesterday. and
how such a story could have been
made up / cannot imagine. The only
thing that was before the court in the
Lexington case Wednesday was the
affidavit of Henry Phillips. the sub.
stance of which was published in the
Standard. Phillips said he was in the
employ of the Butte & Boston and
knew that the Lexington company had
y
a Wine in the disputed ground. Judge
Stapleton said the affidavit had been
made and he was requested TO present
IL to the court, but he did not know
that there was anything to be done OF
that the presentation of the affidavit
was the proper proceeding. Judge Me-
Hatton replied that IL there had been
a violation of the courts injunction
the proper proceeding would be an ap-
70 CHI
why the offender should not be pun
ished for contempt. Judge Stapleton
agreed that that would be the proper
proceeding but said he did not know
what there was to the charge made by
Phillips, and he would therefore file
the affidavit with the cerk and let the
matter rest at that. That was all that
there was to the matter" and Judge
| Mediation did not take the bunch OF
| affidavits and intimate II may be Q
matter of contempt"
Yesterday Judge Stapleton inquired
| into the facts and found that the ore
complained of by Phillips had beer
some that had been mined on the 800.
! foot level of the Wappelo and had beer
| left there when the Injunction wa.
| served. Mr.. Rueger, fearing that a
might be taken by some OF the leasers
| and that he would be held responsible,
| Tor II, had II removed TO the surfac,
where II remains undisturbed and sub.
ject TO the final result of the suit In
regard to the charge that the Lexing.
ton had transferred its assets. Judg,
Stapleton, who is one of the Butte &
| Boston attorneys, said that the Lex.
ington company had transferred moth
Ing since the judgment was obtained
| by the Butte & Boston, and whatever
cash II may have paid out or property
transferred prior TO that time IL had :
| perfect and legal right to transfer. The
company still has property sufficient
TO cover score of $3.50 Judgments
IL Is probable that something NOR,
VIII grow out OF the affair." as TN,
charges or limitations made aCains
| Hon. w. w. Dixon and his co-counse
for the Lexington company are rather
| serious in their nature