Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-06-26

Three appeal suits were disposed of in
Judge Lindsay's court today. In the
case of Levi Pierce VS.. George H. Woody
a motion to dismiss was sustained. The
setting in the suit of S. Hornstein ct al.
vs.. Jacob Sablotzky was vacated and
the action entitled B. j.. Fine VS.. A. K.
Erwin was dismissed as settled.
Argum ents for and against the de-
murrer and motion to strike out portions
Of the complaint in the 500, 900 libel suit
brought by Fred Whiteside against the
Miner Publishing company and those
composing it We're heard in Judge Lind
says court late Saturday afternoon, and
at their conclusion the judge took the
matter under Amusement. Frank E.
Corbett appeared for the defense and W..
F. Sanders and T. j. Walsh of Helena for
the plaintiff. The motion was disposed of
first. Its mission was to strike from the
complaint all matters relating to the al
legged bribery business at Helena last win
ter and also some of the alleged libelous
language published in the Miner in con-
nection with it. In presenting it to the
court Mr.. Corbett stated that before a
libel suit could be sustained it was neces-
sary for the one instituting it to first
prove that he had been damaged by the
publication and that the publication was
untrue. He further said that the phases
or the senatorial contest which formed
a basis for the publication nd all the
allegations of the complaint concerning
affairs at Helena during the
meeting of the Legislature has no bust
ness in the complaint and should be ex-
plunged from it. He maintained that if
the document. was allowed to stand as it
now Is il. would take until the day of
resurrection to dispose of it. Under it's
allegations it would be necessary to
prove that w. A. Clark was a candidate
for United States senator that G. w.
Clark and John B. Welcome were his
accredited agents in the interest of his
candidacy and that the latter had paid
Whiteside $4,000 to be used in the our
chase Of votes. If those things were ma
terial in the pleadings it would be neces-
sary to prove them. MI. Corbett also
collars stricken from the complaint. He
said they We're not libelous under the
law.
The demurrers of A. H. Wethey and
Alex j. Johnston were argued. Messrs.
Wethey and Johnston were made de-
PENDANTS to the suit because they are
trustees for the Miner Publishing COM
pany. MI. Corbett contended that they
were not personally liable for the alleged
wrongful acts of the corporation.
In replying to this. Mr.. Walsh stated
that at the trial he would rely upon the
uCSISiOn VI Tie supreme court Ill the case
of Cameron US. the Kenyon-Connell
Commercial company to prove the per-
sonal responsibility of trustees. He
thought the entire contents of the COM
plant necessary, as they would show the
significanc e Of the alleged libelous ar
ticle. The alleged testimony taken be-
fore the Investigating committee, he said,
was necessary because the publication
made it appear that Whiteside had per-
jured himself.
Colonel Sanders said the alleged libel
Gus article accused Whiteside Of con-
splracy perjury and assault, which, in
his opinion, was sufficient to constitute a
libel without the necessity of alleging
that Whiteside had been subjected to rid
icule. .scorn and contempt through the
publication.
In putting the finishing touches on the
argument, Mr.. Corbett said the worst
that could be published about some men
would not damage or libel them, and
therefore the simple allegation of the
matter published was not sufficient, 1t
should be followed, he argued, by allie !.
cations Of damage and that the plain !
TIL had been subjected to scorn, ridicule
and contempt.
In view of the fact that John D. All !
port died in Jefferson county, the will
alleged to nave been found among some
old papers in this city a few weeks ago
will be offered for probate in the courts
of Jefferson county. 1t was filed in this
district, but on Saturday the attorneys
learned the court here would not have
jurisdiction and withdrew the petition.
Ex-Governor Richards has petitioned
the district court for letters of adminis-
tratlon on the estate of James Edwards.
dead. The estate is valued at $12, coo. /
Edwards died in Massachusetts, on the
Both of August, 1896, and his widow,
Sarah E. N. Edwards, was appointed ad-
ministratriX of the achusetts prop
erty, which is valued at $210, coo. No one,
had ever been appointed to look
after the Butte end of it.. The heirs re-
side at Quincy, Mass.