The Anaconda standard., 1899-08-10

court that subsequent to the filing of the
| information he had learned of facts in
| the case which convinced him that Mil
ierS action was purely in self-defense.
since his incarceration Miller has been
model prisoner. Hence his light SEN
tence.
OF course the greatest interest centered
around the Beasey libel suit which came
up on two demurrers and two motions
to strike out. Congressman Campbell,
who was associated with Attorneys Fox
and Hall for the defendants, wanted the
last motion and the last demurrer, which
were filed only last Friday, stricken from
the files for the reason that they tended
to make confusion and to obscure the
point at issue. The motion was overruled
after Attorney N. w. McConnells atten-
ton had been drawn to the fact that his
last demurrer was very largely a repeti
tion of the first one, and he had with
drawn it. Attorney Mcconnell prefaced
his argument by reading the amended an
swer of the defendants, which contained
the republication and democratic state
and county platforms. In his argument
he contended that the defendants had no
right to attempt to justify the hanging
of the effigy and said that he wanted
to get the matter down to the point where
all the jury would have to do would
be to decide upon the amount of dam
ages to be awarded the plaintiff. He
wanted the matter set up in justification
stricken from the answer. He also OBJ
jected to the political platforms and to
the accusation of bribery against Beas-
ley on account of his having accepted a
Northern Pacific pass. In fact. there was
not very much in the answer that At
torney Mcconnell was willing to have
stand, except the admission of the de-
PENDANTS that they had hung the effigy
anc posted the placards thereon. He
spoke about an hour and a half and was
followed by Attorney A. G. Hatch, who
spoke briefly. Congressman Campbell, in
opening for the defendants, contended
that the hanging of the effigy was not,
of itself. a libel: that the offense would
have been as complete had the placards
been posted on building or stuck upon
a board and that the only question would
be as to the degree of damage, if any
that the plaintiff had sustained. He
argued that the defendants had a right
to show that the plaintiff was a bribe-
taker and traitor to Sweetgrass coun-
ty, as a complete justification. And con-
cerning the statements contained in the
answer as to what other people had said
which counsel objected to as irrelevant
and immateral." he maintained that the
weight of all modern authority was in
support of the doctrine that where the
defendants in a libel suit pleaded miti-
cation and good faith, they had right
to show from what sources they had de-
rived their information. Congressman
Campbell was followed, briefly, by At
torneys Fox and Hall, and o. F. God
darG for the plaintiff closed the argu-
ment. speaking mostly in the humorous
weir for which he is so justly celebrated
The court said that it had decided that
the political platforms should be stricken
1,n tlNtit n
that while the hanging of an effigy itself
might be a libel, he was of the opinion
that the defendants had a right to show
what the plaintiffs character was in
mitigation of damages. AS to the other
matters in controversy the court took
them under advisement, to be decided in
vacation, so that a replication and amend
ed answer, if necessary, could be filed in
time to have the case at issue by the
next term of court.
BY leave of the court the county at
torney filed an information against Frank
Wetherman, charging him with grand
larceny. Wetherman was arraigned and
given until Nov. in which to plead. He
Is charged with stealing three calves. He
was observed driving the animals toward
Lambs slaughter house. and when asked
where he had gotten them he gave very
dnsa tisfactory explanation. and was taken
into custody The calves were turned
loose and followed and went to their
mothers on the range. The officers seem
to think that they have a sure case
against Wetherman. The calves are the
property of the 70 outfit and A. Lincoln
of White sulphur Springs.
Claude Wemire of Grey Cliff was ar
rested Friday upon complaint of Richard
Cosgriff who said Wemire had been
hunting him with gun. Wemire is sus-
pected of being slightly off his base and
will be examined as to his sanity before
Chairman Bailey of the board of coun-
ty commissioners, tomorrow