Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-08-12
THE NEWS IN BRIEF

Helena: The evidence is all in in the
big damage suit Of the St. Louis Mining
company, which has been on trial in the
United States court for several days. The
witnesses for the defense who concluded
the DEFENDANTS case yesterday were c. W..
Goodale, formerly consulting engineer Of
the Drum Lummon, Alex Burrell, the gen.
eral manager of the company, and w.
Philiputs, the superintendent. Professor
Parke and William Mayer were recalled
and the taking of testimony ended. T. c.
Berch Of counsel for the complainant ad-
dressed the court, summing up, after
which court adjourned for the day. At
torney Morrison of Colorado followed this
morning for the defense. E. c.. Day and
w. E. Cullen will close for the defense
and ex-senator Brown Of Utah will close
for the complainant. The case will prob
ably be submitted to the jury this after
noon.
Livingstone: At the Methodist confer
ence here yesterday the lay delegates, rs
in number, elected William Linsey of
Miles City as delegate to the general con-
ference at Chicago next May. A. p.
Stark of this city was chosen chairman of
the meeting. Last evening a meeting was
held m the interest of the Montana Wes-
leyan university, at which Wiley Nutting,
L. r.. Collins state treasurer; eX-Gover-
nor Richards, Thomas Van Scoy and
Bishop Joyce delivered addresses. The
address of Ex-Governor Richards was
particularly fine. Over 81, 800 was raised
by voluntary subscription at the conclu-
sion of these addresses. This money will
be used to pay the interest on the univer-
s.ty bonds, which is due in October. Last
evening a meeting Of the board Of direc-
tors of the Montana Wesleyan university
was held, Hon. Richard Jockey, first vice
nrDCiIont in thn aho;r Sto%o TC- ~ -
Collins, who is, treasurer of the university,
and Ex-Governor Richards We're in atten-
dance. They are much encouraged at the
outlook for the school,.
Helena: The clerk of the supreme court
yesterday received the transcript of the
evidence in the case of the state VS.. S. M.
Nixon, the Butte man adjudged guilty in
June, 1897, of libel;ng w. O. Speer in the
campaign of 1896, and sentenced to three
months in the county Jail. The supreme
court August l dismissed the appeal in
this case because it had not been present.
ed in the usual manner no transcript
having been filed. Counsel for Nixon
made a motion to set aside the order dis
missing the appeal and to have it rein
stated, claiming that a proper showing
could be made that Nixon had been de-
pr.ved of his rights through a misrepre-
sentation as to the appeal being perfected.
The court granted until yesterday to
make such showing. The transcript was
accordingly filed along with some afidav-
its. f. W. Harvey, counsel for Nixon,
makes affidavit that October %, 1897, his
counsel. f. B. Howell, filed a bill of ex-
cept.ons. and CAV the usual motion for a
new trial and of intention to appeal, Afi-
ant was absent from the state, and not
until last February did he learn that he
appeal had not been perfected and the
transcript transmitted to the clerk Of the
supreme court. He endeavored to find the
papers in the case for the purpose of per-
fecting the appeal, but claims he could
not. He was not asked by the clerk Of the
district court to file a written praecipe for
the transcript. Last June he was served
with a notice of a motion to dismiss the
appeal. He was ignorant of a rule Of the
supreme court requiring answer in 10 DAYS
to a motion to dismiss. He always in
tended to make an appearance before the
supreme court and resist the motion. and
was very much surprised to read in the
papers that the case had been dismissed.
clinton Clark, clerk Of the district court.
made AFFIDAVIT that he always believed
the appeal had been perfected. s. NJ.
Nixon sWears he always presumed his
case was being attended to in the higher
court, and was very much surprised when
he heard it had been dismissed,