Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-02-10
Ludwig Rey Prefers More OF
the Latter
HE DOES THE X M
His Suit For Alleged Libel Against
the Inter Mountain Now
Being Tried.

The suit of Ludwig Rey against the
Inter Mountain Publishing company to
recover judgment for $4,000 damages al
legged to have been sustained through the
of an article touching upon
the quality of some meat sold by him as
a butcher was called for trial in depart
terday afternoon. The plaintiff was rep
resented by attorneys Lewis A. Smith
and 0. M. Hall: the defendant by Jesse
B.. Root and Frank w. Haskins.
At the time for adjournment a jury had
not been secured and the matter was car
ried over until thism morning.
At about 1890 o'clock the requisite IL
men as follows were sworn to hear the
testimony and decide the issue: Richard
Kemp. Patrick McEvoy, John w.
Shackleton, John GUILTY, J.. J. Murphy,
]. H. Trerise, John Atkins, A. NJ. Day,
Adolph Reichle, William Mathews, L..
O'Toole and John Fitzgerald.
The complaining witness was the first
to occupy the chair, but before he could
answer the initial preliminary question
~propounded by one of his attorneys Mr..
Root objected to the introduction of any
testimony on the ground that the con-
tents of the complaint We're not Of suffi-
Gent strength to constitute a libel. He
presented his views to the court and
backed them with authorities having
their origin in the trial of similar actions.
In the publication of the fact hat an
East Park street butcher had been SELL
inc hnrcn 1,nnt for Gncf thnpn boI hnnn
no libel, he said, because it was possible
that the plaintiff had been imposed upon
by some jobbing butcher. By way Of
comparison he said a merchant named
Spence, who conducted a business in a
town of 1000 inhabitants, had sued the
proprietor Of the town weekly for libel
because the paper had stated that he was
selling olemargarine for butter. In that
case the judge had held hat the words
used in the article were not a~ctionable.
AT the conclusion of Mr.. Roots remarks
Judge Leslie took the objection under
adviSement long enough to satisfy him.
self as to it's merits and then granted the
attorneys for the plaintiff an opportunity
to be heard. Mr.. Hall acted as spokes-
man. He said he had not anticipated
such a move on the part Of the defense
and was not entirely prepared to oppose
it in a manner commensurate with the
occasion.
us there a law on the statutes Of Mon
tana against the sale of horse meat?'
asked the judge.
mo, your honor, there is not" replied
Mr.. Hall.
At this point Mr.. Root again took occa-
sion to call tie attention of the court
and attorney to the fact that the COM
plaint was weak. Hall convinced the
Judge that the document was solid
enough for all practical purposes, and he
objection offered by Root vas oVerruled.
An exception was taken.
Rey then began his testimony. He said
he had been in the butchering business
ten years, was an Italian, and on the 9TH
of December, 1897, his shop was located
at PA East Park street. He had been
there four years and one month. His
trade was purity" good, amounting to
$40 or $3.50 per day.
What do you know about any horse
meat having been sold from our shop?'
asked Attorney Hall.
"None never sold," was the reply.
Where did you get your meat?'
"From the B~eayerhead Meat company;
and sometimes when I got a chance to
buy a good COW I would do it. Some
times my clerk bought sonne.'
"Were you present when a piece OF
meat was brought into your shop by the
meat insDector?
mo: l was out collecting. l talked to
the inspector about it,
Rey testified on cross-exanination that
he kent no books save cash books, and
the later We're in the hands of the Beaver
head He said they showed his
sales prior to and after the publication
of the alleged libelous article.
"I will ask you" said Mr.. Root, IF,
prior to the publication, you purchased
any stale, impure or unwholesome meat
of any kind or whether you bought any
horse meat?'
An objection to the question was made
and sustained in general. but the wit
ness was permitted to answer it with the
"horse meat" part left out. He said he
had not.
You have testified that the falling off
in your trade was about half after the
publication. Now you say that your cash
receipts were about $40 prior to the pub
LEGATION and about $50 afterwards; is that
correct?"
couivocal way: he thought the cash sales
had fallen off about $50 and the book
sales about 500 per day. He could not
tell of any one person that had QUIT
dealing with him, but on being pressed
real hard said that Joe Lazzeria and Pete
Nadeau were two. Both had returned.
one at the expiration of two weeks and
the other two months.
Did you rave a slaughter house IN
Browns Sulch?'
Yes. sir" "
On redirect examination, Rey SAID ne
had left the East Park street shop ana
gone to his ranch after the pupnca-
ton.
Harry Wesson of $40 West Copper
street testified that ait the time of the
publication of the article he was sani-
tarv inspector for the city, and as such
had seen the meat alleged to have been
Il .Anrt nf a horse Il WAS at the