Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-11-06
WELCOME
CASE STARTS
Arguments as to the Meth
DDS of Procedure.
VARIOUS POINTS ARGUED
Court Decides That WhiteSideS
Must Furnish Full
Particulars.
IT COMES UP TOMORROW
And Unless Something Happens the
Case Will Go to Trial-Supreme
IT COMES UP TOMORROW
And Unless Something Happens the
Case Will Go to Trial-Supreme
Court Renders Decisions in Sew
eral Cases, Two of Which Were
From Butte.
Special to the Inter Mountain.

~fNNA ~ AK llltI MOUNTAIN.
Helena, Mont, Nov. 6.-No progress
was made in the Welcome disparment
proceedings before the supreme court to-
day, the morning being devoted to argu-
ments between respective counsel as 20
the methods Of procedure, after which al
Journment was taken until Tomorrow
morning, when unless some unforeseen
contingency arises the famous case will
be heard.
There was an unusual crowd Of specta-
tors IN the court, the gallery being open
ed Tor the first time in years. Owing to
the non-appearance of William Wallace,
chief counsel for Welcome, who was en-
gagged in the United States court, the pro-
ceeulnSS uld not until eleven
O'Clock. From then until noon Wallace
ana Nolan, as friend of the court, argued
various points that arose from requests
made by Wallace in his clients behalf.
Wallace opened the argument by max
ing a formal emand that the accused.
who was being tried for felony, be tried
Dy a jury or his peers. The court over
ruled the demand stating that cases OF
that character could be heard by a ref
cree or by the court. Wallace said that
as there was no appeal from the order an
exception was ~unaVailing but the accused
would protest against the order. The OBJ
lection Wallace raised was that the ac-
cusation lacked specific elements COM
mon in ordinary criminal proceedings,
the elements Of time, places and amount
claimed TO have been paid in the alleged
bribery being lacking. He argued that
the charges We're too general and should
be made more specific, also that TIE ac-
cused was entitled to the right of having
more of an mixing Of what it was pro-
posed to prove.
The attorney general argued against
giving such information in advance and
the court after considering the matter
held that the request of the accused was
but just and that the accuser CWhileside)
must furnish the accused " bill of par
ticulars including names, times, places,
and amounts with proof which would be
offered under the entire charge. The
attorney general said he could furnish
the same about four or five O'Clock. The
court made the necessary order qualify
ing it i'll some respects 81, that di~screDan-
cleS as to exact amounts might not oper-
ate against a continuation of proceed
ings and then adjourned until tomorrow
morning. Many members of the ie2is-
lature and 100 we'll known attorneys of
state We're present ana closely followed
the arguments. 1t is apparent that VIM.
Wallace, r. G. Day. f. L. Corbett and j.
b. Roote, counsel for the accused, pro-
pose to fight determinedly every inch of
ground and that the disbarulent pro-
ceedinSs will develop into the biggest
thing before the court since the famous
3. & NJ. receiVership.
The court denied the application of the
Independent Publishing company for a
mandamus to compel Judge d. r. Smith
of Ftlatllead oHnty to show cause why
he had not granted the motion of the de-
fendant in the libel suit of Whites;de
against the Independent for a change of
venue to this county, holding that a man
damus is not the proper proceeding.
The court dismissed the appeal of the
defendants in the case of the Washoe
copany VS.. Hickey and others from the
district court of Silver Bow from an order
made in injunction proceedings instituted
by the plaintiff to prevent the defendants
from entering the Oden lode claim.
The ruling of the district court of Deer
Lodge was affirmed in overruling the mo-
ton for a new trial in the case of the
State against Charles Sheppard. con-
victed of murder In the second degree in
killing John Benson in Deer Lodge coun-
ty. He will have to serve his life SEN
tance.
The Judgment Of the district court of
Lewis and Clarke was affirmed in the
case of the Montana Mining company,
a eainst the st. Louis company. an action
to recover damages under an undertaking
on anraaI.