The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-05-20

compromise. He said he would not pay
more than $780, and Marsh said he
would go and see Jones and ask him If
he would accept n settlement on that
basis. Marsh came back and said he
was authorized to settle. They went
outside and when they came back
Fisher paid over the $3.50. Witness
wrote out receipt and Fisher objected
to having the amount stated. SO asked
to have another made out reading mere
ly Settled in full" On the evening Of
the 9th Jones came in to settle and
Marsh gave him $780, Jones signing the
receipt for SIS.
Martin Mitchell constable, said he
was in an adjoining room when Marsh
and Fisher settled. Afterward Marsh
came in and said he had settled for $3.50.
Cross-examined, he said he did not see
the money paid nor did he see Walsh
write out receipt on the typewriter.
according to his statement, although
the machine was in the same room
with witness.
w. Netting said he saw Fisher pay
Marsh $3.50. Walsh made out a receipt
on the typewriter, which was signed.
The next time Fisher called Marsh
asked him what all this talk about
$500 settlement was about. Fisher re-
piled that he must square himself with
those people somehow Witness was
also present when Marsh settled with
Jones and saw him pay Jones $50. He
signed, as witness. the receipt which
Jones gave Marsh for $75.
Marsh took the stand and told this
story: ION the 5th of the month l went
to my office and found Jones there with
Mr.. Walsh Jones had a letter from
Evan Fisher to his JonesD wife and
said he wanted ito get rid of Fisher. He
said he employed a detective, who
caught Fisher and his (JonesD wife in
compromising situation and called
him. He threw Fisher out Of the house,
but he came back the following day
and took Mrs. Jones for a drive to Crys-
tai Springs, when the mishap which
was the cause of all the trouble oc-
Cured. Jones thought he had been
greatly injured and wanted to get even
with Fisher. 7 did not think he had a
very good cause of action, but as Fisher
had evidently wronged Jones / thought
he might be made to pay Jones the eX-
pense he had put him to in Doctors
bills. etc, so I begun a suit against
Fisher in Justice Lewis court at Walk
erville. Before it came to trial Fisher
came in and wanted to settle. He said
he would not give up more than $780,
and l went to see Jones, who told me
to accept it. I settled with Fisher on
that basis and paid Jones SIS as per
contract. Later Mrs. Jones come in in
toxicated and said Fisher told her he
had paid 5000 and she wanted a larger
division. The affair in justice court
at South Butte was simply this: Mr.
and Mrs. Jones accused me of receiving
5000 and I replied I received $3.50. All
this talk about 5000 is rot, and these
people have perjured themselves"
Cross eXamined, Mr. Alley asked:
"Will you say you did not say in JUS
tice Bliss court that you paid Jones
s60?"
The witness answered he did not.
Attorney Booth also assumed the role
of a witness and told of having. seen
the receipt for SIS signed by Jones on
the Sunday following the Issuance of
the warrant on Saturday last.
Jones was recalled for the purpose of
laying the foundation for impeachment.
He was asked if 1t were true or not that
he had said in the presence of one Mil
Ter that Marsh had paid him $75 and
he was satisfied. He said that was not
true
At this time a continuance was taken
to next Wednesday to enable both
sides to procure more evidence.