Daily inter mountain., 1899-09-13

cusing Edward Dougherty. J. W. Fair
field, the jeweler, took his place. Mr..
Fairfield said he had read something in
connection with the publication, and at
the time formed an opinion as to the
guilt or innocence of the defendant, but
presumed he could sit and try it fairly
and impartalfy without jeopardizng the
substantial rights of Mr.. Brown.
The defense excused William Blakely,
and Mr.. Rodgers concluded to replace
Patrick Conlon with another man. The
name of Thomas Mulholland, ex-chief of
police. was drawn from the box. Mr..
Mulholland said he was operating mine
leased from the Anaconda company. j.
A. Schamber, manager of the Chequame-
gon restaurant, told the court he had read
the article and formed an opinion, the
changing of which by testimony he
doubted. He was excused, and as his
name was the last of the panel the judge
issued an order for special venire of
five, making it returnable at o'clock.
When court convened this afternoon
only few minutes We're consumed in
securing the requisite twelve men to de-
eide the fate Of the alleged offender. They
are as follows: Joseph H. Case. E. L.
Mayo, R. A. Day, George E. Daley, Ed
ward Evans, A. j. White. D. w. Tilton.
r. c. Foreman. j. B. Dobry. George w.
Fisher, Charles Beaudin and w. T.
Boardman.
The prosecuting attorney first defined
the law on the matter a issue and the
statutory punishment for it's violation,
following it with presentation of the
Indictment found against Brown by the
grand jury He then stated what he
expected to prove in connection with the
charges adding that the government
would satisfy the allegations contained
in the indictment.
The defense waived the right to a
statement, and Postmaster George w.
Irwin was called upon to testify. He
stated that at the time the copies of the
paper containing the alleged objection
able article were deposited in the post
office he was postmaster and he knew
Brown to be the publisher of the paper.
He had assisted in the assortment and
distribution of the copies. but at that
| time he had not noticed the article. His
attention had been called to it a few
days later. He knew not upon whose
application Brown had been given regu-
lar newspaper rates.
This was all Of the direct examination.
On cross-examination Mr.. Irwin said
several persons had complained to him
about the article among them John B.
Welcome.
w. E. Headings testified that in 1898
he acted as solicitor for the Butte Times,
but was not on duty during the whole
month of September. Besides the solicit
ing of subscriptions. job work and adver-
tisements, he sometimes attended to the
mail and wrote an occasional article for
publication. He was shown copy Of
the Times bearing the date of September
10 and asked if he. as rule did not
mail the papers. He answered "some-
times' He did not know. he said.
whether he had deposited that particular
issue in the postoffice; had read the OBJ
jectionable article. but did not know who
pre- pared it for publica ton. He was not
questioned by the defense.
Thomas j. Flavin, the assistant post
master, said to the best of his recollection
the Times had been mailed as second
class matter on the application of Brown.
He could not state positively who mailed
the Objectionable issue.
George c. Fitschen testified to having
received copy of the objectiona bic issue
through the mail, and Joseph K. Clark
did likewise. both saying they We're sub
scribers at that time.
The action is one having it's origin in
an attack made on Senator w. A. Clark
the political fight prior to the fall election
last year. Under the caption. "Butte's
Disgrace there appeared the cut of a
donkey which it is alleged was intended
to represent Mr.. Clark The reading mat
ter beneath the donkey was worded in
manner calculated to offend some one,
and this in connection with the cut
caused the complaint to be made to Unit
ed States authorities.
This afternoon the two sons of Mr..
Clark and Joseph X. Clark. the senator's
brother, We're present in court. but they
We're the only representatives of the fam
lily on hand to witness the proceedings.