The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-06-30
C~OlE-WHlIESlOE CASE.
II Is Possible That 1t VIII Not Get to Inc
Jury.

special Dispatch 10 the STANDARD.
Helena. June court meets to-
morrow il will probably be a matter of
doubt whether the Cole-Whitesidc $4,000
damage case ever goes to the jury. \ con-
tingency arose this afternoon just pre-
vious tn adjournment that may result i'm
a continuance. This was when the de
PENDANT took the stand and his counsel
sought to admit testimony which counsel
for the plaintiff claimed could not be in
PRODUCED under the ~pleadings. After ar
gument the court permitted the defense
TO change its pleading so as to admit such
testimony. and this gives rise To some
doubt whether the case will proceed I'm
the morning. as the attorneys for the
plaintiff say they were unprepared for the
change and might move for a continuance
of the case. Beyond this the case was
as featureless to-day as it was yester-
day.
George r. Mann. the architect. was the
first witness called to-day. The defense
called him TO submit "A question of minor
Importance i'm regard to trying to cash
the certificates received from the capitol
commission.
Ex-Governor Richards was the next
witness. The ex-chairman of the commits
sion told the story of the award of the
contract and various other circumstance
substantially the same as had eN-Secre-
tary Marsh and Architect Mann. When
asked about the adjournment of one week
directly after the contest had closed and
before the award was made. he said he
guessed 1t had been taken for personal
reasons. He had desired a vacation for
some time and had planned "A trip to the
park and To the apment of the ma
tional guard. He admitted being i'm the
park at the same time as Architect Mann.
When asked IL he saw anything of the
mirage mentioned in Representative
Whiteside's report. he said no. but he had
seen a mud geyser. Asked If he had con-
versed with Mr.. Mann i'm Wonderland, he
said he believed he had borrowed a fly
from him and tried to fish. The ex-gov-
ernor said that all during the deliberation
over the selection of the plans he had
voted for No. AZ. those of Cass Gilbert.
Asked In regard to a certain letter or
threat that is reported to have been re-
ceived by members of the commission no
tifying them that Mann was trying to
bride the commission. the witness said
that concerned a dead man 81. &. Paul
SOM. and he desired not to refer to it..
w. NJ. BiCkford, another member of the
late commission. was the next witness.
He went over the same GROUND covered
by previous witnesses, giving the details
up to the time that Mann's bond was
finally approved. He, too. denied that the
commission did not exercise fairness in
the selection of the plans.
Massena Bullard. II. NJ. Parchen and
Henry Klein were called as character wit
nesses. They testified that they knew
nothing against the reputation of the
plaintiff.
G. X. Cole, the complaining witness.
was on the stand "A few minutes. Only a
few questions were put to him. He told of
the manner Of engaging the advisory ar
chitect. Seymour Davis. and reiterated
what former witnesses had said about Sc
lecting the plans. He c%orroborated eN-
Governor Richards about what brought
about the weeks adjournment. lie knew
Of no recommendation of the advisory ar
chitect that Cass Gilbert's plans be ac-
cepted. Ex-Secretary Marsh was recalled
to answer several questions and the
plaintiff rested.
II. S. Hepner of counsel for the defense
made the opening statement for the de-
Tense, stating in substance that White
sides report and his subsequent letter
were based upon what he believed to he
facts CLEANED from what parties had told
him and the committee.
Fred Whiteside. the defendant. was then
called to the stand. After the usual pre-
liminary questions he was asked to state
with whom the legislative committee con-
versed. This brought forth a
objection from the plaintiffs counsel as
inadmissible. The court excused the jury
I'm order to hear arguments upon the
point at issue. He decided that he would
permit the defendant TO amend his an
sver so that such testimony could be in
troduced by way of mitigation. Counsel
for the plaintiff objected, but the court
held that it was right and after some legal
sparring court was adjourned with the
understanding that i'm the morning, II the
plaintiff desired. he could continue the
case until such time as he was red
for the new situation.
Late tonight it is understood that the
plaintiff has decided to go ahead and try
the case, but a change of plan may be
agreed upon I'm the morning.