The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-11-22

mentioned, from and including tAe 10
| day of August 1899. and including the
| 4th day Of August, 1899, out Of the said
Lewis and Clarke county: nor was the
defendant further from the SAID cry OF
| Helena than the patch of TIMBER, mere
| tnbefore mentioned.
| That Thomas Smith is a material wit,
ness to this defendant; that aHant ana
defendant could prove by Said lhomas
Smith If present as witness, ana the
| said Smith would testify, that the de-
fendant was continuously in the CITY OF
Helena, Lewis and Clarke County,. SUIT ~
| of Montana. from the evening OF the 4ei
day of August. 1899. to the morning OF tns
10th day of August, 1899: thai ~ salu
Thomas Smith was present at this triai
| the said Smith would testify thai the oe-
| PENDANT slept with him (Smith5, at
| house near the Northern Pacific aepo., II.
| the said city of Helena, on the 1isn's "
| the 4th, 9Th, 9Th. It'll, 9Th and 9th Q, AZ
! gust; 1899: that the defendant anu tis
| said Thomas Smith first met IN ti.e saio
| city of Helena on the street opposI'e 20
| place called Hay Market and az WHICH NJ.
place there was then a Dog SnoSM -, INA.
| the defendant first met the said sf1len d
about 7:3O o'clock on the said AN ~. way III ~
August, 1899: that thereafter on me hn
| day of August. 1899, at the salu Guy =.
Helena, the denfendant and .ne s .,a
Thomas Smith met one Alex Horn d. .ne
place hereinbefore mentioned as tne nay
Market that the defendant ana Tue saiu
Smith talked with the said Aiex norm
about work: that Alex Horn tolo the ue-
PENDANT and said Smith that "oIk was
hard to get: that Alex Horn I'M. ihlornleu
them, the defendant and Smith, tia. .hey
might get work at the smelters, out that
the work was bad and hard on tne eyes
| and lungs; that thereafter, on the sun
day of August, 1899. at the sa1o clty OF
Helena. the defendant and the saio oIllth,
while together in front of a sa1ooh nearly
opposite to the I x L. RESTAURANT met
one William Jones; that the de1endaht
and said Smith and Jones talked ABOUT
getting work: that said Jones remarked
that he had been trying to get 'oo AZ
blacksmithing.
That Alex Horn is a material witness
for the defendant; that the de1endaht
| could prove by the said Horr1, ana me
said Horn will testify. that he, the de-
PENDANT, was in the city of Helena, Lewis
and Clarke county, Montana, on the th
day Of August, 1899; and, further the &C.
PENDANT could prove by the ealu Horn
the matters and things herein related OIL
the said witness, Horn.
That William Jones is a material wit
ness for the defendant; that the deiend-
ant could prove by the said Jones II
present as witness. and the SAID Jones
would testify, that the defendant was IN
the city of Helena. Lewis ara clarke
SouitS, OH the 9Ln uNs
gust, 1899; and, further, the DEFENDANT
could prove the matters and things here-
inbefore related of the said witness,
Jones'
BIZ. And, further the defendant could prove
by the said Smith. if present as Wit
ness. and the said Smith wouii.a TESTIFY.
that it was physical impossiniilty lor
the defendant to have been at American
gulch. in Deer Lodge county. STATE OF
Montana, OH the days and nights OF the
4th, 9Th, 9Th. 18th, Sth and 9th ana the
morning Of the 10th of August, 1sss
That on the 18th day OF NoVemper'
1899. an order Of this court was duly
made directing the clerk of this court to
issue subpoenas for each Of the said
witnesses-Oscar Ward, Thon1as smith,
Alex Horn and William Jones; mat on
the 18th day of November, 1899, the clerk
Of said court issued subpoena LOT each
OF said witnesses; that thereafter the
Judge Of said court Endorsed on the sud-
poenas issued as aforesaid an order di-
recting the witnesses named "lthn-
Ward, Smith, Horn and Jones~to attend
said trial of said cause at the, time and
place named in said subpoena; that there
after the subpoenas issued and lndorsed
as aforesaid were placed in the hands OF
John Conley, sheriff of Deer Lodge coun-
ty. for service; that thereafter on the
2oth day of November 1899, tue sherlft
returned said subpoenas into TINS court
with his Endorsement thereon mat the
said witnesses-Ward, Smith, horn ana
Jones-could not be found
That the defendant through MS coun-
sci, has been diligent in their efforts to
secure the attendance of all the SAID wit
nesses; that he has exhausted the pro-
cess of this court; that letters nave oeen
written and other Inquiries made endeav-
orng to secure the attendance OF said
witnesses at the trial of this actlon; that
hfa ,f rpI, =
material, and that it is not cumulative;
that the facts hereinbefore stated cannot
be established by any other knoWn Wit
ness or any other witness whose tesh-
mony can be secured that If a contln-
uance Is granted said witnesses can be
found and their testimony secured at
future time; that each of said witnesses
Is now, as affiant verify believes, and
so says, within reach of the process OF
this court; that each Of said witnesses Is
in. or in the immediate vicinity or the
said city of Helena; that the uefehdaA
desires to, have said witnesses personally
present in this court, then and there to
testify in behalf of this affiant and de-
fendant; that this is the first application
Tor continuance: that this application is
not made for delay. but is maze IN GOOD
1alth that affiant may have lalr trial,
ana that justice may be done.
mat John Persinger, the father OF sad
continuance is granted, use his time
and money in endeavoring to find said
Smith, Ward. Jones and Horn; that said
John Persinger will endeavor to have
subpoenaed and brought into this court,
then and there in said court to testify in
behalf o. atlantis; that if continuance
Is granted said witnesses, or some of
them, can be found.
Wherefore, Affiant asks that this
cause be postponed for the term.
ELLIS PERs1NGER."
Other Affidayits,
Another affidavit was that of Attor-
neys Self and Trippet in which they
claimed the states intention to put Ben
son on the stand surprises them unfairly
1t was further shown that they desired
to secure witnesses from South Dakota
to impeach the testimony of benson and
prove him to be of bad character. An
affidavit made by John w. James was
introduced also in proof Of surprise. Mr..
James affidavit was simply that he had
acted as counsel for Charles oliver Ben