The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-11-08
TOMS TRIAL IS FINISHED
Argument on the Case in Chief
Still to Be Heard.
TO PROVE A CONTRACT
A Futile Attempt to Get Certain Docu-
ments Before the Court-Defend-
ant James A. Murray on
the Stand.

The trial, for the present at least, of
the case of Il. D. Toms ct al. VS.. James
A. Murray, begun Monday afternoon
before Judge Lindsay under the cross
complaint of the defendant, was fin
ished yesterday morning except that
the court has yet to hear arguments on
the case in chief on Saturday morn
ing.
The trial was mostly confined to an
effort of the defendant to prove a con-
tract with the plaintiffs Toms and ]. ].
Cusick whereby he was to perform GER
tain acts conditioned upon the perform
ance of other specific acts by the plain
tiffs. In the effort to prove this counsel
for the defendant made a series of eff
forts to get before the court as evidence
document which purported to be
written contract, which was objected to
as whole by counsel for the plaintiff
for the reason that it was only signed
by the defendant Murray and particu-
larly as to the plaintiff Cusick for the
reason that it contained nothing to
show that he had anything to do with
the making of the document. The
numerous different guises under which
the defendants attorneys sought TO get
the document in evidence We're success
| fully combatted as far as Cusick was
| concerned, but it was admitted as to
Toms. Other attempts Of the defend
| ants counsel to connect Cusick with the
deal We're also shut out by the vigorous
| tight of his attorneys, and after a non
| suit had been denied the plaintiff
| Cusick the matter was taken under adj
| visement.
At the opening of court yesterday
morning, the examination of James A.
|
Mediation and Cotter sought to con-
| meet Cusick with the Pocatello Water
company's deal with Murray by offer
| ing in evidence the shares of stock
which Murray held in the company as
showing that both Toms and Cusick
were parties to the arrangement. The
| offer was opposed by Cusick's counsel
and the objection was sustained.
On the mination of Mr.. MUIR
ray by counsel for the plaintiff, he was
asked if he could determine what por-
ton of the $500 odd shares of the water
company stock he held belonged to
him, and what portion to the plaintiffs
Toms and Cusick. He admitted that he
could not. He was then asked if it was
not fact that the understanding be-
tween himself and plaintiffs was that
when the moneys he advanced the COM
pany We're paid back to him. he
was to return one-half the shares Of
| the STOCK which he held. He admitted
that was the case.
After some further questioning the
witness was excused and Attorney L..
| o. Evans was examined as to the ser
vice of notice and as to how the docu-
ment purporting to be the written con-
tract came into his possession. With
regard to the latter he said he got it
from Attorney Edwin Norris.
Mr. Norris was then called and asked
| how he came into possession of the
document and replied that he got it
| from Toms by mail. He stated that he
had to do with the preparation of the
document and that the plaintiff Cusick
had no part in the making of it. y
This concluded the testimony and
counsel for the plaintiffs moved for
a non-suit as far as the counter claim
of the defendant was concerned. After
argument the motion was denied and
the case taken under advisement, the
court announcing that he would hear
arguments on the case in chief Satur-
| day morning.