Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-03-08
A Bill For Advertising That
Would Not Stick.
WROTE UP THE CHILDREN
Instead of the Mines Contract the
Defendant Signed Had an AL.
legged Stipulation.

liIldlly IOullu d Jou 1OI IN JUL Ia ulo III
partment. For ten days or more all the
gentlemen did was report for duty at 3
o'clock in the morning. 1t was not their
fault that they We're not kept busy or
given enough work to prevent them from
starting in their legal occupation, nor
was it the fault of the court. The attor-
neys were responsible.
This morning the judge had four cases
set for trial and out of that number he
succeeded in getting one, that Of e. V.
Smalley, publisher of the Northwest
Magazine at st. Paul, versus George H.
Savage of this district. The action was
brought to recover Judgment for $500 al
legged to be due in payment for the write
up of a Marysville mine on which the de-
PENDANT had a lease and bond in 1895.
j. A. Shelton appeared for the plaintiff
and NJ. d. Leehey for the defendant. Only
ten minutes were ~squandered in the work
of getting a jury.
E. M. Gould, an expert penman, testi-
fled regarding the signatures and writing
in the contract entered into between
Charles H. Saunders, the plaintiffs ad-
vertising agent. and the defendant. He
examined the formation of the letters
with a magnifying glass and gave it as
his opinion that there had been no
erasures or changes. The contract was
part of the deposition of the agent.
alloI hey civ lllo lA'
terms of the contract between the agent
and Savage were conditional; that Saw
age had expressly stated and it was so
understood by Saunders that the money
was not to be paid unless the property
which Savage was handling was sold
through the publication. The purpose of
the write-up, he said, was to call atten-
ton to the fact that the property was for
sale.
Savage was the first to give testimony
in his own behalf. He said he had lived
in Montana 81 years; knew Charles H.
Saunders, Mr.. Smalley's advertising
agent. He had met him in the Cosmo-
politan hotel in Helena in 1895 and had
some conversation with him in regard to
the write-up Of mines for the Northwest
Magazine. Saunders had introduced him
self and asked if he, witness, knew where
he could get some contracts for write
ups. II told him. said Savage, that I
would introduce him to Murray Brothers
!, who were mining in the Marysville dis
trict. He asked me for a contract and l
told him I had no money to pay for ad-
vertising, as 1 was putting into the mine
every dollar I could get. In answer to
this he said he would make the Wrlte-up
and l would not have to pay for 1t unless
the sale of the property was brought
about by the publication. He inserted
this clause in the contract In the presence
of w. H. Taylor and DR.. A. II. Hersey.'
~ uSlcIlSS u IAN N<i'
tence Of the contract attached to Saun-
deIs' deposition.
The magazine article was offered IN
evidence. Mr.. Savage pointed out it's al
legged defects, and said that Saunders
had not written that which was agreed
upon. 1T does not say anything about
my mines,' said he, but it tells about
my little children. 1t gives no descr1p-
ton of the mines I was working"
One section of the article was as fol-
lows: "The owner of these mines, Mr..
George H. Savage, was found at his home
in a typical miners cabin, with his wife
and eight young children, all Of whom
had recently come from the city of Butte
to join him in his summer camp. The
youngsters We're having a rough time IN
the freedom of their new life. and 1t was
a delight to see them romping joyfully
. over the hillsides and the big, greer
meadow which lay below. The writer
was taken by the whole registering brood
.tapering from a stout 15-year-old miss
to a toddling babe-all brown as Arabs
to see the spring in the meadow where
miniature gardens had been laid out anc
to inspect a nest of young magpies tina
had been captured and lay, open-beaked
in a box. The dinner that was served
was a revelation to hungry men and
plentiful and we'll cooked in itself, wa:
!: sauced with the keen hunger coming
, from a morning drive in a keen AIR owe
a none too smooth road
Savage also stated that he had me
Saunders in Pony in 1896 and told hin
that whenever he fulfilled the terms o
. the contract he would pay him the $500
. To this Saunders said he had written tn
magazine people to the effect that n
conditioned on the sale of the propert.
. and nothing further would be done abou
it.
- In regard to the contract it had beel
. filed out with a pencil and although
:. Gould had testified that to the best OF M
! knowledge no changes in the writing
= had been made he, Savage, had seen m
attorney. Leehey. make the letter M
with a pencil beside the signatures an
then rub it out with an eraser. 1t ha'
heen lone only last night and Mr.. Taylo
had also witnessed 1t.
On cross-examination Savage sand h
had not signed the alleged contract pre-
scented in court: that the one he ma
NJ signed was conditioned.
u You deny, then. that the signature
yours?" asked Judge Clancy.
mo. sir: I do not. 1t looks like m
signature. but I deny that I signed tina
contract :,
=, fed that he was present in the hotel a
~ Helena when Saunders asked Savage
~ sign the alleged contract and Savage ha
" refused to sign the one produced. Saun
ders had then turned around and f1xe
~ the document in a way that suited Saw
=. age. 1t was mad conditioned.
81 The witness said the reputation c
Saunders for truth n v~eracity wa
~ had: that all the photographs taken say
C. that of Mr.. Savage had been produced i
A. the magazine article; that he had been
7IMnass to the erasing of the letter IN
by Leehey.
THIS closed the testimony for both side
m and after arguments covering a period 9