The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-06-28
DR.. COLE vs.. WH|IES|DE
CapitolC Commission Investigation
Straw to Be Threshed Over.
ISSUES FINALLY JOINED
The Doctor Sues Whiteside for e26. 900
Damages for Alleged Libel for
Charges Made by Him over
His Signature.

Special Dispatch to the Standard.
Helena. June 2T.-The damage suit OF
C.. K. Cole VS.. Fred whiteside came up
for trial in the district court here to-day
before Judge Mcintyre. The suit is the
outgrowth OF the famous minority report
of the member of the lower house from
Flathead county Of the investigation
into the affairs of the late capitol COM
mission. The defendants report Of the
committees finding was full of charges
against DIR. Cole and w. M. Bickford.
Later Mr.. whiteside supplemented this
with a letter in the Independent in
which he reiterated his charges. The
doctor sued for s25, 600 damages for al
legged libel. After preliminary Skin
mishes in the courts, running over a
period of a year or more, the issues were
finally Joined. with the result that the
case came up for trial to-day.
When the case was called the defend
ant was not present in court, being de-
tanned in Butte as a witness before the
coroner's jury in the death of the men
killed on the Hennessy building, he be-
ing superintendent of construction. His
counsel were not in court either. Judge
MCINTYRE decided that the case must
proceed and called upon III. 5. Hepner,
who had represented the defendant dur
ing the arguments upon various mo-
tions, TO onduc the case. He took hold
of the case and ~duc the proceed
ings connected with the selection OF a
Jury. being assisted by Emmett Calla-
han of Butte, who arrived this AFTER
noon.
This afternoon about $3.50 o'clock, after
26 talesmen had been examined. a jury
was selected. The balance of the day
was devoted to the opening statements
of counse for the plaintiff, supplement-
ed with the reading of the answer py
Attorney Callahan for the defense. NC
Council & Mcconnell, for the plaintlff
read the complaint to the jury. and an
nounced what the plaintiff proposed 10
prove. Ex-Judge Mcconnell addressed
the Jury for 40 minutes and from the
nature of his talk II is evident that the
history of the famous proceedings of the
old capitol commission by which the
award Of the first prize was made 10
George r. Mann of st. Louis is COINS
to be aired in court. The attorney was
called down by Attorney Callahan dur
ing his address for attempting to make
an argument to the jury before any
evidence had been presented. The cour'
sustained the objection and this ended
the proceedings for the day.
A. J. Campbell of Butte will be or
hand tomorrow to assist In the defense
, The defendant will also put in an ap
!, ~pearance tomorrow. A large numpe
! OF witnesses have been s~ubpoenaed ant
n Ia expected that the case will requir,
. several days in which to be tried
, Among the witnesses that have bee
: called are George r. Mann, the arcni
: tect; Ex-Governor Richards. a
Flowerree and w. M. Bickford. member
: of the capitol commission; Senato
!, Ramsdell, Representatives Elliott, Nc
: Nellv. Lindsay and McCabe. 1t look
. as though several sensations that wer
= created by the legislative investigate
: will be dragged from the closet.