The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-05-29
A CONTINUANCE GRANTED
Case of the Doctors VS.. the Law
yers Is Postponed.
A HISTORY OF THE SUIT
Involves Many Points OF Importance
That Hav Bearing on Future Ac-
ions OF Like Nature Will
Be Tried Next Saturday.


tors of Anaconda are plaintiffs IN the
come up yesterday afternoon in the
baseball department of the district
court, has been continued for n
week. The continuation was granted
without argument. as counsel for both
sides gave their consent to the post
ponement.
The suit IL one which INVOLVES a very
small amount Of money. but IL of great
Importance otherwise, for its determi-
nation will establish presidents that
will decide grave questions that have
been i'm the courts for many years.
The beginning of the litigation Is now
almost prehistoric. II started by the
doctors films "A complaint against all
Of the professional classes I'm town,
wherein they alleged that they were
the sole owners and proprietors of a
certain valuable thing known as the
champion professional baseball club.
located In Anaconda: that they had ac-
quired the said championship in a law
full and legal manne to-wit: by de-
feating every other for the
same: that at the time of the filing OF
the complaint several organizations of
professional men had asserted that
they were the real champions and the
plaintiffs claim to the championship
was fraudulent and without good
ground. The plaintiffs therefore prayed
the court to place the cause on the cal
endar for trial at an early date.
During the years which have inter-
vened between the date of the COM
mencement of the original suit and the
present time, the doctors have won
each and every Ease upon trial before
an umpire and a jury of 500 good and
true men, women and children. Since
the beginning of the first suit a num-
Der Of suits in intervention were
brought by fat men, lean men, Clerks
butchers. grocers n several others.
These have all been disposed of, each
case being tried and a verdict re-
turned for the plaintiffs, the doctors.
After the preliminary suits were
| cleared away the present great legal
battle was still to come to trial. The
lawyers are the last of the long list
Of defendants, n they have fought
hard and long. Three years ago the
case Of the doctors n the lawyers
first came to trial. The doctors won,
but the lawyers took so many excep-
tons to the rulings of the sitting
Judge and their statement on motion
for a new trial was so voluminous and
alleged so many thousands OF techni-
cal errors of law that a new trial was
finally secured. A change of venue
was secured and the second trial was
had before Rev. @. w. Healy. who had
been appointed special master. Tn
doctors again won, but the lawyers
were prolific in their exceptions, and
they threatened to appeal the case to
the supreme court unless they were
granted a new trial. The plaintiffs this
time did not oppose the motion, and the
third trial was held before Elder q. f.
Barnaby, Once more the verdict was
Mo tNfa
was held last year.
The lawyers. however, again secured
leave TO prepare and file a statement
on motion for a new trial. The grounds
set forth were all of "A ma
ture and covered nearly 5000 pages
of closely typewriter matter. -.osI
of the alleged errors were alleged to
have occurred on questions of law, and
only a few errors were on questions OF
fact. The principal exceptions with
reference to the latter were that the
Judge of the court before whom the
case was tried appeared on the bencf
I'm n blu sweater and a red bandan
handkerchief around his neck, all OF
which is contrary to good usage II
court and unbecoming the dignity of Z
Judge. IL was further set forth that thu
red handkerchief and the blue sweater
so disconnected the defendants and 50
distracted their attention from tn
careful ~propounding of flies anC
g%rounders and the deliberate analyz
ing of in-curves. drops and out-shoot
that they were placed at a sadva
tage. II was also alleged that all q
their objections were overruled before
the could be properly argued. An
other groun was that DIR. stephens
who had at all times before the tria
denied that he was a %sprinter, ran 81
fast tina he resolved himsel
into a streak. DIR. Evans wa
charged with being a ringer" AM
DR.. Spelman's line of cross-exam
ination was set forth to be outrageous
inasmuch as he stopped many base hit
with his shins and even caught one II
his hands. The testimony Of Drs
Sligh, Macdonald. Rochelle and other
with reference to batting was allege'
To be improper and incompetent. Fur
thermore. Rod williams delivery wa
said to he illegal. wrongful and with
out warrant of Law n was mad
with the intent to 'wilfully defrau
and deceive" the defendants batsmer
Wherefore the defendants asked for
new trial. The statement OF the mo
ton was published in fun in the Stand
ard some time ago. The doctors agar
; did not oppose the motion and the cas-
was set for trial before Judge Harr
!, Burton yesterday afternoon. A me
ton for a continuance was granite
without argument and the court Sc
the cause for trial next Saturday aft
5 ernoon at which time the court roor
at the athletic park will no doubt b
/ crowded with spectators. The cas-
has created a great deal of interes
owing to the important and peculia
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