The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-01-31

J. l.. Wines went to Helena yesterday
| afternoon and this morning will file the
answer of the respondent in the case
of the state of Montana ex rel. Guy W.
Stapleton, county attorney, relator, vs..
William Wilson, stenographer of the
Second judicial district court of Mon
tana. The respondent moves for an or
der striking from the affidavit of Guy
w. Stapleton the following parts:
Laughed aloud in open court and
told the jury that that would not do
at ALL also the following: They,
however. refusing to sign the verdict
in the handwriting of the court above
quoted, but returning the same with
the other papers unsigned" also the
following: Under stress and by the
coercion of the court also the follow
ing. That the only case in which
counsel are anxious for transcript of
the testimony in addition to the case
of the state of Montana against Frank
Moody, is the case of the state against
ID. N Dickinson, in which the defend
ant has given notice of his intention TO
move for d new trial and which case
was tried prior to the case of the state
against Moody, the charge being grand
larceny" also That affiant believes
judge of Department ii, Hon. William
Clancy, is seeking. by indirection and
unfairly, unlawfuliy and illegitimately
controlling the action of the respond
ent herein, to prevent the appeal on
the part of the state. from the order
aforesaid from being perfected within
the time allowed by law. and charges
on information and belief unequivo-
cally that the said judge has either an
undue influence over the respondent
herein. whereby he is seeking to cir
cumvent the states attorneys in their
efforts to appeal from the ruling of the
court or that the said respondent here
in is in collision with the said judge
and conniving at and assisting in said
attempt to prevent the perfection of
said appeal within the time allowed by
law"
Various other portions are also asked
to be stricken out The grounds and
reasons given are that 1.-The whole is
surplusage, redundant, irrelevant i'm
material, frivolous, impertinent, scan
dalous and contemptuous, nor does the
same nor does any part thereof state
any facts which show or which tend to
show that the state of Montana is en-
titled to the writ prayed for in this ap-
plication, and that the same for the
reasons stated ought not to be spread
upon nor become "a part of the records
of this honorable court"
Among the affidavits is one from
John Ii. Meclernan, who says that he
was present in court on Oct. %, when
the cases of Moody and Franey We're
called to be set for trial, and again on
Nov. p, when the cases We're to be re-
set for trial, the affiant representing
Franey. The affiant resisted the mo-
ton to have Franey tried first upon
the ground that the county attorney
had already elected to try Moody first
and the court denied the motion for
this reason. The affiant says further
that at no time was any offer made by
or on behalf of the state to show that
defendant had any knowledge of or was
responsible in any manner for any
thing concerning menaces or threats
made to witness, Lewis, and that at no
time has Lewis positively identified
Franey.
An affidavit from w. J. Naughten
corroborates the affidavit of John l..
McClernan.
LittIe's Affidavit
An affidavit from Charles II. Little |
states that he has been assisting Will !
lam NJ. Wilson in preparing transcripts
of cases reported by Wilson, and that |
since said time he has partially type |
written the case of Patterson VS.. |
Pfouts, a transcript consisting of 100 /
pages, and that since Jan. 3 he has |
typewriter for Wilson the transcript |
In the case of the state VS.. Joseph |
Shafer, consisting of 440 pages, and |
also 103 pages of the transcript in the
case of the state vs. ID. n. Dickinson.
He also corroborates the affidavit of |
Wilson in regard To Wilson's conversa-
lion with Stapleton on Jan. %.
An affidavit from J. l.. Wines states
hat he was informed by L. W. Toole
IN Jan. 20, attorney for d. n. Dicken-
son. that he would not consent. under
any circumstances whatever that the