The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-08-05
HIS APPEAL
Nixon Is Making Big Effort in
His Libel Case.
IN THE DISTRICT COURT
objection to the Dismissal OF tie Case of
T. P. Hall VS.. Cobban and Cohn.
Kirk Not the Plaintiffs
Attorney.

Sam Nixon and his attorneys are
making strenuous efforts to make q
showing before the supreme court in
support of a motion to set aside the or
der dismissing his appeal in the libel
case. The appeal was dismissed on
motion of Attorney General Nolan be-
cause it had never been perfected, and
now Nixon and his lawyers are trying
to shift responsibility for the failure
to send the transcript and appeal pa
pers to the supreme court. Nixon is
inclined to blame his lawyers and the
latter blame the clerk of the district
court. The fact is, however, that yes
terday, for the first time, the clerk was
directed to make up transcript. Nixon
was convicted of criminal libel in June,
1897 A motion for a new trial was
overruled and his attorneys gave notice
of an appeal, and pending the appeal
Nixon was released on bail. Nothing
further was done in the case and no
praecipe for a transcript, as required
by law, was ever served on the clerk.
During the past six months Judge
Clancy cited Nixon into court half a
dozen times for sentence because the
appeal was not presented, but his at
torney got a continuance, yet nothing
was done to get the case before the su-
preme court until after the appeal was
ordered dismissed.
few days ago a stipulation was
filed in court for a dismissal of the suit
of Thomas P. Hall against George A.
Cobban and Louis S. Cohn, it being
stated that the suit had been settled.
The stipulation was signed by John
n. Kirk, as attorney for the plaintiff.
Yesterday an objection to a dismissal
of the case under the stipulation was
filed in court by Attorney ]. l., Wines,
who also made a motion to strike the
stipulation from the files, for the rea-
son that John n. Kirk is not the
plaintiffs attorneys and was never en-
tered in the case as such with the
knowledge or consent of Wines and
Wines, who are Halls attorneys, and
they object to dismissal of the case
especially for the reason that they were
not consulted and have a lien of 800
for services against the cause of ac-
ton.
Judge Clancy will hold a session of
court this morning and will hear the
following matters which are on his mo-
ton calendar: Joseph A. Coram VS.
Andrew ]. Davis and Charles H. Pal
mer, demurrer; the state of Montana
VS.. Edward Mahoney, settlement of bill
ing company VS.. Boston Il Montana
Consolidated Copper and Silver Mining
company motion for continuance
Charlotte Weissberg VS.. Lorne Weiss
berg, plaintiffs proofs; Fred Lohse vs.
Peter Stury, motion to set aside Judg-
ment; John M. BOWes VS.. e. II. Sher-
man, motion to enter Judgment on find
ings of referee; f. f. Lown VS.. Pat
rick DWyer, return of order to show
cause; j. ]. Byrne VS.. Northern Pacific
railroad and Colorado Smelling ana
Mining company. demurrer and motion;
o. II. Burbridge VS.. Tim V. Lowney,
demurrer; James II. Maloney ct al. VS..
Silas King ct al, motion for order to
survey and order to show cause; So
phie James VS.. w. j. Dawson ct al, de-
uurrer of defendants Neville and DaW-
son: Edward Hickey ct al. VS.. Washoe
Copper company, motion for order to
work; Sarah Pearl vs. Rice Pearl.
plaintiffs proofs.
In the action of Coroner Julien VS..
]. M. Peck for an alternative writ OF
mandate to get possession of the per-
sonal property of Joseph Grill, deceased,
the defendant yesterday filed an answer
in court. He says he obeyed the writ
and has turned everything over to the
coroner.