The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1896-01-10

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posing q fine Of five thousand dollars as
the maximum. The complaint before
the court charges one John Connolly and
j. W. Rogers with having caused this
publication. This court does not care to
assume the role or tire position of prose-
c'1tor in these cases. There is county
attorney and an assistant county attorney
IN this county. whose duty it is to look
alter these matters. Unfortunately, this
afternoon the assistant county attorney is
quite ILL., He has been forced to 90 to
his bed, and at the representation of the
defendants attorney that it would be a
hardship on this man Connolly, who is
employed in Butte. to detain him any
longer by the postponement Of this case.
q stipulation WAS entered into between
the attorneys interested in this case
whereby this hearing should be had.
1t is clearly the duty of the prosecu-
ton in this case to show. under our
statutes, that this publication was mali
clous, that this libel, alleged, was pub
shed At the instance and request Of these
defendants. The state has subpnntpd
here the only witnesses likely to know,
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ard, who the parties were that authorized
this publications: to prove by them
whether or not this is a milicous attempt
to defame and blacken and impeach the
reputation Of this mans character in this
community. The first essential of that
matter is to shnw that these defendants
We're instrumental in securing the pub
llcatlon Of this alleged libel. The court
is constrained to say that the evidence
anduced here this afternoon is not suffi-
| cient to show that these defendants were
in any way instrumental in securing this
| publication. There is no testimony to
show that this article was signed by
either Of these defendants. There is no
testimony before the court to show that
either Of these defendants, in person or
through an authorized agent, sought to
have, or requested to have, this publica-
ton made in the Anaconda Standard.
Now, the court takes it that it would be
entirely within the limit of human pos
sibility for this article to have been
signed by some person with the names
OF John Connolly and J. w. Rogers and
taken to the Anaconda Standard and
published at the instance 81 a third
party, III whom these people had no in
terest. and possibly with whom they had
no acquaintance. There could be no
| reason for assuming that these men
should be held under those conditions
The court is constrained to say, in a
general way, in passing upon this kind Of
a case, that it is a most deplorable thing
when men who have to labor for their
living become involved in this kind of
disputes. This man Clark, to the Courts
own knowledge, has q wife and little
children here. They depend upon his
daily labor Whatever fault the labor
organization may have to find with Clark,
or any man like him, they can surely
have no fault to find with Clarl's limo
cent family. 1t is one of the unfortunate
results, often, of these disputes that the
innocent are compelled to suffer, and are
not held harmless under the operation of
the kind of machinery that is invoked to
secure what laboring men believe to be
their rights. II the Court were in po-
sition to offer advice to these men. it
would be, in disposlng Of a case of this
kind, that an effort be made, for the sake
of the parties in interest, as we'll as the
innocent parties depending one upon the
other for support, to patch up these, diff
ferences and difficulties without going to
court. The constitution of the state Of
Montana and the constitution Of the Uni
ted States fortunately gives to every man
the right of liberty and the pursuit of
happiness. This man Clark feels that
his rights have been abridged. There is
no evidence, however, before this court
to show that these parties charged with
this offense have been guilty Of the crime
alleged against them, and the court does
not feel justified, under the circumstan-
ces, in binding them over to the district
court, and in accordance with that con-
clusion judgment will be entered for the
defendants in this case. The bondsmen
of the defendants will be discharged and
their bonGs exonerated
One evening not long since, Sam Powell
who lives in the Third ward, was held
up about nine o'clock in the evening on
the corner Of Cherry and Fifth streets by
TWO masked men who took his watch and
rit1ed his clothes for money. Luckily he
did not have much of value about his
person. The men, after taking Powell's
watch, ran down Fifth street towards the
foundry. Powell came down town anC
told the officers, and the police immedi
ately started out to find the highwaymen
The search was unSuccesSful There