The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-01-23
DNLIe DepuTEWeVE.
SHE GOT THE MONEY
CAPTAIN Mccormick Leaned q Woman
Cash Without Security.
AND HE HAS TO SUE FOR 1T
Madame Melvina Mitchell. Who
Possesses a Valuable Secret.
Denies One Allegation of
Cool Thousand.
AND HE HAS TO SUE FOR 1T

81 900 Indebtedness was lTleu Delole a.
Jury in Judge McHatton's court yes
terday and turned out considerable Of
a sensation and Lawyers Lippincott
and John 7. Baldwin, who appeared as
attorneys for the defendant, once more
fell under the displeasure of the court
and came in for a severe scolding.
Capt. John Mccormick was the plaint-
in in the case and the defendant was
Madame Melvina Mitchell, proprietress
OF "a valuable secret for the removal
of all blemishes." The evidence how
cred on the edge of a sensation all
through the trial, but developed only
when Judge Mediation took a voice In
IL. The defendant was not on hand
when the case was called yesterday,
and Mr.. Lippincott modestly asked for
a continuance claiming that Madame
Mitchell was sick and unable to APP
pear. John Lindsay. counsel for Mr..
Mccormick. objected to any continu-
ance, saying that Mrs. Mitchell had
been seen on the streets early in the
morning and could therefore not be
very sick.
The court said no continuance would
be granted, and then Mr.. Baldwin got
up. and in his easy and leisurely man
ner stated that he had just returned
from Helena and would like a little
uIllll ne d
DOCTORS certificate of Mrs. Mitchell's
illness.
II will not encourage any of this
twelfth-hour business" said the court,
you had plenty of time to get the GER
tificate before court convened"
Mr.. Baldwin then asked for time in
which to prepare an affidavit on mo-
ton for a continuance, but the court
again declined to grant any further
time. Mr.. Baldwin then asked for half
an hour, and IT was evident that the
court was beginning to lose patience
and ordered the trial to be proceeded
with. Mr.. Baldwin, however, was not
yet ready. I'VE desire to save an ex-
ception." he said. and the court very
sharply said he would not allow the ex-
ception either, and Mr.. Baldwin took
his seat and the trial of the case was
commenced.
After the jury had been sworn Mr..
Mccormick was called to the witness
stand and testified that on April II,
1895, he loaned Mrs. Mitchell 81, 900 I'm
cash to allow her to go to Chicago to
purchase a stock of millinery. He went
to'the State Savings bank and drew out
1000 in currency. giving his personal
note as security, and then took the
money and gave II to her in her room
in the Caplice building. He had no
security at all for the money, and gave
Ii to her at her request and for her
accommodation. Mrs. Mitchell left for
Chicago a day or two afterwards for
the alleged purpose of buying the
goods, and while in Chicago she wrote
for another $1,000. The letter was long
and was dated May 8, 1895. Mr.. Lind
say offered the letter in evidence and
Mr.. Mccormick read from it as fol-
lows:
Il have some of my goods ordered
and paid for, but find now / cannot
get half a stock and 1 have nearly all
my money spent now. / will have to
get you to go to Murrays bank and
get a thousand dollars more, for IL
cannot get that amount 1 will lose
what i have. / cannot get all my
goods at one house; have to buy from
hve or six houses so have not enough
money TO go around. 1 will give you a
chattel mortgage on my goods when
get back. Can pay you one thousand
dollars one month after my arrival
and the other as fast as possible.
have made arrangements to bring 10
Butte with me a very stylish milliner.
1 wall have to get thousand dollars
as soon as you can send 1t, or l will
lose what have"
Mr.. Baldwin asked to have the letter
stricken from the evidence. but his re-
proceeded with his testimony. He said
that upon receipt of the letter he went
with the woman's husband, Edward j
Mitchell, to Murray's bank and ioined
him in note for another 81. 900 and rot
the money. The note was for 30 da.ys.
and he paid IL when ii came due, but
he had no security for It. As soon as
he obtained the money he sent II to
Mrs. Mitchell in Chicago, and that was
the last of II. The indebtedness on N
however, was not denied, but she did
deny ever having received the 81. 600 on
which the suit was brought and which
Mccormick had to pay at the States
Savings bank
AT the conclusion of Mr.. McCormick's
testimony, the plaintiff announced his
case closed, and then Mr.. Lippincott
wanted more time. He said he wanted
10 draw up a motion for a non-sIft for
the reason that the plaintiff had failed
TO show that the defendant had not
paid the note in question, but Mr. Lind
cay called attention to the fact that the
suit was not on a note but for money
loaned and without security of any
kind. He also said that Mr.. McCor-
mick had stated in his Testimony that
the money had not been repaid. but IN
order to satisfy counsel the plaintiff
was recalled, and said the money had
never been paid him. The court then
oNcIIuAtu the HODOn Tor a nOn-suit and
again refused 10 grant the defendant
any further time. The last request for
time was the last straw on the courts
pa thence.
The court has paid some attention
TO the proceedings in this case" said
the court, addressing the ATTORNEYS for
the defendant, and you gentlemen
should be aware. and the court certain
ly Is, that you have been guilty of the
most despicable kind Of pettiGogging In
the conduct OF this case. You are re
eorting to what is called fighting the
clock. and l want you TO understand
that IL you are prepared to take your
chances in that kind OF conduct YOU
may proceed, but / will tell you that
this court VIII no longer be subjected
20 any annoyance of that kind"
Mr.. LippincOtt was fir-t on his feet TO
dssclaim any intention uf annoying the
court or delaying the trial OF the case.
The court said he wished ne could be
lieve what Mr.. Lippincott said. but in
timated that he did not believe him.
Mr.. Baldwin also disclaimed any ffrt-F-
. - - II