The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-03-09
SMALLEY LOST THE SUIT
The Jury Returned a Verdict for
Savage.
A CONTRACT IN QUESTION
Savage Alleged That Part Of 1t Had
Been Erased-A Condition That
the Write-Up Should Sell
the Mine.

E. V. Smalley, publisher Of the North
west Magazine at st. Paul, publica-
ton which for years has been known in
Montana, chiefly because of its attacks
on the labor unions and the industries
Of the state, lost a suit he had against
George II. Savage for an alleged write
up, which was tried before jury in
Judge Clancy's court yesterday. Small
ley claimed that Savage signed a con-
tract to pay him $500 for a Write-up of
some mine at Marysville, but Savage
denied it. and said he permitted the
write-up for the benefit Of the Smalley
Magazine and not for his own benefit
and that the contract that he signed
by which he agreed to pay Smalley say
/ Msrs conditioned on provision in the
contract that the write-up should bring
about the sale of the property. This al
legged provision did not appear in the
contract sued on, and Savage made the
charge that it had been erased after he
had signed the paper. the contract hav-
ing been made out in lead pencil. The
jury found verdict for Savage, and in
effect concluded that the contract had
been changed after Savage had signed
it.
The case of the plaintiff was set out
in the deposition Of Charles II. Saun-
derS who represented the Northwest
Magazine He testified that in June,
1895, he was acting as agent for Small
ley's publication, ana met Savage in
Helena. He asked Savage, who said he
was a promoter, for a Write-up, and
Savage said he would give him one pro-
vided he. secured an option on certain
properties. Saunders told him write
up in the magazine would cost $1,000,
but he would get one for him for $500.
Savage got the option and saunders got
DR.. A. H. Hersey to write up the mine,
which was located at MarysNille. Saw
| age read the write-up and said it was
all right and he signed a contract by
| which he agreed to pay Snalley $500
| within one year for the WIite-up and
100 copies of the magazine delivered to
| him. Saunders said there had been no
| change or alteration in the contract
since it was signed by Savage. On
cross examination the Witness denied
that there was an agreement by which
| Snalley was to procure sale Of the
Marysville mine. or that the payment
| of the Write-up was conditioned on a
provision that the write-up would be
| instrumental in effecting a sale of the
| property. Saunders said there was no
conversation about such q condition
whatever.
A man named Gould. who was put on
| the witness stand as an expert, testi-
| fed that if something had been erased
| from the contract the paper would show
| it, and he found no evidence of such
erasure. although he inspected the pa
| per under microscope.
Attorney Leehey, who represented Saw
| age, asked Gould if he found any evil
| dence of any erasure at all on the con-
tract, and the witness said there was
| none.
Fer the defense. Savage and a man
named Taylor testified that on Tuesday
| evening they We're present when AttOr-
| ney leehey wrote the letter M in tho
| contract, and then erased it. the testi-
mony evidently being offered to dis
| credit Gould as an expert.
/ Savage also testified that when he
| signed the contract it contained a pro
| vision that he should pay the $500 pro
vided the wrlte-up brought a purshasel
| for his mine, which it did not do.
| The jury was out only a short time
before reaching verdict for Savage.