The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-10-03
DELAYED 4! Co. THE HEARING
Helena Bankers Refuse to Show
Their Books
IN THE MINER LIBEL SUIT
The Hearing Before the Notary Was Adj
journed to Permit Discussion
on Certain Points of
Law.
Special Dispatch to the Standard.

Special Dispatch to the Standard.
Helena, Oct practically nothing
was accomplished to-day at the hearing
held before Albert T. Loeb notary pub
NC 70 ascertain what, if anything, Hell
eha bankers knew of the financial
transactions Of W. A. Clark and certain
members of the legislature during the
late session, counsel for Fred White
side seeking thereby evidence to be
used In his libel suit against the Butte
Miner. But one witness was called and
he answered only a few questions be-
fore a snag was struck that DELAYED
the hearing in order to grant the no.
tary time in which to look up some law
points. Mr.. Whiteside was present with
his counsel, w. S. Hartman and C. p.
Connolly, while E. c. Day and j. b.
Clayberg appeared for the defendants.
The hearing was held in one Of the
district court rooms and attracted quite
an aggregation of spectators. George
l.. Ramsey, cashier of the Union Bank
and Trust company, was called to the
stand. After answering some prelimi-
nary questions, he was asked by Mr.
Hartman whether any members of the
legislature had opened accounts with
the bank since Jan. l. q. G. Day, fof
tAC uelSISS, UDJCCleO, JndL was
immaterial. Mr.. Loeb said he did not
possess the power to pass upon the rele-
vancy or materiality of the questions:
that was matter for the trial court
Mr.. Ramsey said that only two men,
bers, w. j. Stephens and Senator
Campbell. had opened accounts since
Jan. L.
Can you state, Mr.. Ramsey, of your
knowledge, without the assistance
of the books of the bank, whether any
certified checks were issued to or in ia
.vor of any members of the last legisa-
ture since Jan. /, 1892 '&2
E. C. Day objected to the question,
both as counsel for the Union bank and
as counsel for the defendant, as irrele-
want and immaterial. Mr.. Ramsey re-
piled: There were not" - 80
II will now ask you whether any
drafts or checks have been honored by
your bank between Jan. | and June L
of this year drawn upon w. A. Clark,
or William A. Clark, of Butte?"
There were not" replied Mr.. Ram
sey, after E. C. Day had again regis
tered an objection.
He was also asked as to the Issuing
or handling of bills of large denomina-
tions during that period, but said
transactions Of that sort were so com
mon in Western banks that it was hard
to recollect.
Il will ask YOU" said Mr.. Hartman,
'tto bring here your large bill register,
out-of-town draft and check register
before I can ask you any further ques-
tions."
Mr.. Day reiterated his objections,
maintaining the question was imma-
terial and that the bank was in no way
party to the action. After the law
yers had argued the matter, Mr.. Ram
sey said:
''Mr. Hartman, I shall be obliged to
refuse to bring any of our books into
court. I am perfectly willing, and 1
came here this morning, to testify to
anything within my knowledge, so far
as any members of the legislature are
concerned, but as banking man ]!
| don't like to establish precedent of
| letting anybody go through the books
| of the bank, and for that reason shall
decline
Now, if the officer please" said Mr..
| Hartman, 1--WE will ask that the wit
| ness be required to produce the books
| and papers called for in the subpoena.
| Mr.. Day again objected, and after the
lawyers had an argument, Mr.. Loeb
| said he would like to have time to con-
| slider the request, and took recess for
two hours. When the hearing was re-
sumed he said he had not reached de-
| finite conclusion as to his authority and
would defer a decision until 10 o'clock
| tomorrow morning, requiring that all
witnesses be on hand at that time. An
officer from each of the four banks has
| been subpoenaed to appear before the
| notary, bringing the necessary books
| that will show what if any, transac-
| lions of the kind alleged may have
| transpired during the senatorial cam
paign Whether any of them will obey
| the subpoenas as to the BOOKS remains
| to be seen. 1t seems to be the opinion
that regardless of the decision the no
tary may arrive at, the bankers will
stand pat and refuse to show their