Daily capital journal. (Salem, Or.) 1896-1899, 1896-06-24
srArEsMAN-M'K M'KrNNEY SUIT.
On Trial Before Justice Johnson
Pleadings and Trial.


Pleadings and Trial.
: The suit of the Statesman Publish
ing Co. VS.. Addison Dilley, TO recoVe
! 30 cents due on subscription, was Sc
for 10 O'Clock today. Hayden X Nc
Nary appeared for plaintiffs. an'
Bingham, Holmes & Kellogg for de
J fendant.
John McNary appeared and filed
demurrer at 10 O'Clock and then coun
sci asked for an hours further time u
prepare for the conflict. The court
had beautiful boil on It's left cheek
and while its appearance did not eX
actly command respect, Justice John
son was backed up with the arm OF
tho law-Deputy Sheriff Cooper sit
ting at his right and the telephone tC
call out the Oregon militia at his left
If necessary.
1t was the rather unpleasant duty
Of JOURNAL reporter to be obliged
out OF respect for the public demand
for news in an important matter td
chronicle this trial which involves an
esteemed contemporary in the tolls OF
law.
THE PETITION
sets forth that plaintiff Is a corpora
tion engaged in publishing a newspa-
per known as the "Daily Oregon
Statesman" and delivering the same
TO subscribers.
That at request Of one ADDISON Dill
ley the paper was furnished him from
May 18th to May 3lst, and that the
reasonable value Of the same was 30
cents, in lawful money Of the United
States
That defendant Dilley has failed to
pay the same and now owes the SUN
Of 30 cents, for which palntltl de-
mands judgment and costs.
THE ANSWER
of defendent Dllley, by his attorneys,
is as follows I'm substance. That on
Jan. 3, 1895, defendant became sub.
scrlber, that the paper was delivered
up to May 3lst, 1896, that he never
agreed to pay plaintiff 30 cents or any
other sum.
He alleges that he ordered the pa
per OF John w. Mckinney, who was
the exclusive owner OF the exclusive
right to sell and deliver the Oregon
Statesman In Salem and It's suburbs.
Then follows a copy Of the States
mans contract and agreement with
Mckinney, made May II, 1895, for one
year as follows:
To lease its routes in the city Of /
Salem to said John w. Mckinney to !
deliver and collect for same paper at /
10 cents week, to pay at the oiilce |
10 cents a week for the papers; when
the list shall have reached 200 copies /
he was TO have Is copies free; he shall |
bear expense Of delivery and "at ex-
piration Of contract by limitation or
through neglect to fulhll It's pro-
visions he shall deliver up To the !
above company the lists Of said sub
scribers."
"This contract shall be renewed
Turing the strict performance OF its
provisions. Signed in duplicate, by
statesman Publishing Co., G. b.
irvine, manager.
PART STRUCK OUT.
On motion Of counsel for plaintiif
was ordered struck out by
ourt: THAT the said John w. Me-
Kinney, previous to entering into the
aid contract had paid large sum OF
money To the previous owner thereof,
o-wit $500, with the knowledge and
cqulescence OF the plaintiff thereof"
The motion TO strike all OF answer
utIwas not allowed
John w. Mckinney alleges strict
with the contract and
otiied plaintiff that he desired n ,
enewal in compliance with the terms
hereof; that he Is the owner OF the
Dutes and is the only person entitled
D receive money on subscription TO 1
he Statesman at Salem or its sub {
TBS; that defendant Dilley is willing
, pay to said Mckinney and To no
ther person.
PLAINTIFFS REPLY.
Al IL o'clock counsel for plainun !,
led a specific reply and the four legal /
adiators gathered around table To {
sSect Its contents. The reply sets =
nth that defendant Dilley had notice d
publication of the severance OF the il
'ntract between the Statesman a
Co. and Mckinney o
nd had no right TO pay McKin- c,
aE or refuse the Statesman. "
A JURY TRIAL. =
I'm view OF the fact that Justices s
'nerally side with the plaintlff, We
I'VE concluded To ask for a Jury
ial," said lawyer Holmes with a =
lile.
The justice remarked: 1.-The first
ing we want is 50 put up"
Mr. Holmes: "That will be forth