Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-03-01
The Plaintiff in a Suit FIR
$4,000 Damages
CALLS THE DEFENDANT
A Liar While the Latter is Giving
Testim0ny--Wetb vs.,
Hess,

The trial of the $40, 900 damage suit
brought by John Webb against Lou Hess
for alleged defamation of character on or
about the LIST of March, 1898, took place
in department No. 1 of the district court
this morning. The plaintiff was repre-
scented by j. M. Hinkle and the defendant
by Robert Mcbride. The following gen.
tlemen composed the jury:
Robert Turner, Richard Kemp, John
Fitzgerald, Adolph Reichle, George w.
Farlin, John Murray, William j. Walsh,
Charles l.. Smith, John d. Jones, John
Powers. NJ. Short and Patrick McEvoy.
Prior to the date of the alleged offense
Webb was a clerk at the store and Hess
was and still is the manager. Webb was
discharged by Hess and the latter is al
legged to have said afterwards that Webb
was nothing but a thief and a - -.
The damage suit was the result.
William Tonkin, a clerk in Cans &
Kleln's store, was the first witness. He
said that Mr.. Hess was the local manager
OF the store; that on or about the first
of March Webb was let out at the store;
tina he (witness) had talked to Hess
about the dismissal and asked him why
he had discharged Webb. Hess had
said:
Dbl it, l don't want him around the
house anyway In the first place I think
he is crooked, and Cans & Klein will be
better off without him.
Il then said to Hess said the witness,
well, you were real friendly about
Christmas, but you nave finally come to
the conclusion that he is no good, have
your"
Yes; I think he's a d - an
swered Hess.
About the 3rd or 4th of March witness
said he had heard Hess repeat the re-
mark about Webb and say he could prove
he was a thief.
Asked if he knew of any valid reason
why the defendant should make such re-
marks, the witness said he did not. He
had never known of Webb having stolen
anything. Some people connected with
the Presbyterian church had afterwards
called at the store and asked Hess if he
knew where Webb had gone and what
kind of a man he was; that he was treas
urer of the church society. On this oc-
casion Hess had remarked: He is a
fine thieving - - - to have as
treasurer of a church society,"
Thomas Reitz, a tailor employed at the
store, testified that he, too, had heard
Hess say that Webb was o thief.
Mr.. Herman, the bookkeeper, gave
similar testimony, saying he had heard
Hess make use of the language on sew
eral occasions. Hess, he said, appeared
to be mad at Webb. Witness had never
known of Webb having done anything
wrong.
On cross-eXamination the witness said
that al the employees were present when
Hess uttered the remark attributed to
him.
II. Martz, another employee at the CAM
& Klein store, stated that he knew Webb
and after the latter had left the store he
h. r1 JJncc n, hn uyoc n thiap NNtt,ac1
never knew Webb to commit a dishonest
act.
Webb said he had been engaged in the
occupation of salesman and buyer since
he was nine years old; that he was a
member of the First Presbyterian church
and a teacher in the Sunday school of
that denomination
Asked how he had come to leave the
store, Webb said he had gone out to sup
per and when he returned Hess had told
him his services were no longer required;
that another man had taken his place.
One of the orion boys Ia told him of the
language used by Hess.
At 2:40 o'clock thisa afternoon the plain
tiff rested his side of the case and the de-
tense moved for a nOn-Suit on the ground
that he had failed to make out hat which
the complaint alleged.
The motion was OVerruled, the judge
stating that the allegation thief had
been substantially shown. SO far as the
other part of the alleged slanderOus Ian
guage was concerned, the court agreed
with the defense that it was not objcc-
able.
James orion was then called in behalf
of the defense. He stated that his inter-
est in the matter rested in a transaction
in which the firm with which he was on
nectei had sold the church an organ. The
sale had been made through Mr.. Webb
n ~l 1ic 1ieit TO ha ctppa of Cane g. L"lnir,
was to see Webb in regard to it.
H. NJ. Patterson testified that Webb
had told him he had been injured by the
alleged SANDER, but was not permitted
to say whether his own observations had
convinced him that Webb really suffered.
The defendant testified in his own be-
half. He said Webb had asked permission
to sleep in the store. Up to that time he
had implicit confidence in him, but one
day he discovered that Webb was wear
ing ~nightshirts bearing the Cans 81 Klein
brand for which he had not paid. After
wards he had found him wearing a neck
tie and a collar button.
Hess further stated that when James
Orion asked him What kind of a man
Webb was he answered: He is a d
thief. caught him stealing"
At this juncture Webb arose from his
seat beside his attorney and Kissed: You
lie."
The judge, however, had his face turn
ed towards the west and did not see the
man or hear the expression, but the bail
iff, in an undertone, remarked: IN have
a Job here in q minute"
On cross-examination Hess said that
Webb had told him he had taken the
shirts, but Mr.. Hyman, the bookkeeper,
had given him permission to do it.
At 1880 o'clock the testimony was all
in, but the arguments had to be made.
The Relief Corps will give an entertain