Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-10-02
Called on to Testify in the
WhiteSide Case.
THE CASE IS POSTPONED
As the Notary Was Not Sure Whether
He Could Compel Witnesses to
Bring in Bank Books.
Special to the Inter Mountain.

Special to the Inter Mountain.
Helena, Mont, Oct. 2.-Representatives
of Helena banks We're called before A. l.
Loeb, notary public, today by counsel for
Fred Whiteside in his libel suit against
the Butte Miner to answer certain ques-
tons relative to transactions had with
w. A.. Clark. his agents, or members of
the Legislature during the memorable sem
atorial fight.
Whiteside and his counsel, w. S. Hart
man and c. P. Connolly. We're present
when the proceedings commenced this
morning in department one of the district
court. E.. c. Day appeared as counsel for
the defense, assisted by j. b. Clayberg.
Very little was lone during the morning
session. G. L.. Ramsey, cashier of the
Union Bank & Trust company, was the
only witness called and he only partially
testified, the proceedings being adjourned
to give the notary time to look up the
matter of his authority to compel witness
to bring the books of the bank into court.
questions asked as immaterial and hay
ing nothing to do with the libel suit.
Witness said that Representative
Stephens of Missoula and Senator Camp
bell of Park county were the only two
members who had opened accounts with
the bank since Jan. l, 1899. Witness de-
MED that any certified checks had been
issued to any membe of the legislature
since Jan. l. He also denied that any
drafts or checks drawn Upon w. A. Clark
or William A. Clark had been honored
since Jan. l. AS to the bank handling
bills of large denominations. the witness
said there were constantly SO many trans
actions of that kin that it was hard to
recollect.
Il will ask you," said W. S. Hartman,
"to bring here your large bill register,
out of town draft and check register be-
fore l can ask you any further ques-
tions.'
After an objection by defendants coun-
sci Mr.. Ramsey aid
Mr.. Hartman, l shall be obliged to re-
fuse to bring any Of our books into court.
l am perfectly willing. and ] came here
this morning to testify to anything with
in my knowledge so far as any members
of the legislature are concerned, but as
a banking mar 1 don like to establish
the precedent of letting anyone go
through the books of the bank, and for
that reason I shall decline"
"Now, if the officer please said Hart
man, I'VE will ask that the witness be
required to produce the books and papers
cdlleu IOT.
Day objected on the ground the bank
was not a party to the action. He also
objected as attorney for the bank. Notary
Loeb said he would have to consider the
matter n adjourned proceedings until
this afternoon.
The supreme court met for a few min
utes today to make some orders. Argu-
ments upon the appeal in the case of the
Washoe company VS.. Hickey ct al, APP
pealed from Silver Bow county, were set
for Oct. Is, and respondents were given
until then to file their brief. In the case
of Forester and MacGinniss VS.. the Bos-
ton & Montana company, the court grant
ed the respondent Forester until Nov. 1
to file his brief. A motion was submitted
to reinstate the case of the state VS..
Nixon, from Silver Bow county.
The following cases We're reset: State
VS.. Peel, changed from Oct. 8 to 16; state
VS.. Shepherd, from Oct. 10 to II: Penwell
vs.. Lewis and Clarke county, from the
18th to the 18th; state. ex rel Independent
Publishing company VS.. Smith, from the
18th to the 10th. Court then adjourned
for the June term and will meet again
tomorrow, when the October term will
commence. Justice Hunt is absent from
the city, but is expected to be back very
soon.