Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-02-28
SUIT
SETTLED
McGahan Agrees to Accept 3d.
900 From M. 0. +. co.
FIVE ACTIONS FOR TRIAL
In Judge Clancy's Court Fall By
the Wayside--A Libel SUIT
Among Them.
FIVE ACTIONS FOR TRIAL

The $50 600 damage suit OF George MIC
Gahan against the Montana Ore Pur-
chasing company terminated abruptly in
department No. l of the district court
this morning, but the result was not a
water-haul for the plaintiff.
The trial Of the case was to have been
commenced yesterday, but a continuance
until today was asked for and granted by
Judge Smith.
THE suit of George McGahan against
the Montana Ore Purchasing company is
to be tried this morning." said the judge,
shortly after court convened. .
w would like to have five minutes"
answered Attorney Cotter, who represent
ed the plaintiff.
Arthur P. Heinze, representing the de-
PENDANT; Mr.. McGahan and MI. Cotter
had their heads together. Mr.. Heinze
was writing, Mr.. Cotter was making sug-
g~estions and Mr.. McGahan was listening
and watching the proceedings. At the
expiration Of the time mentioned Mr.. Cot
ter asked that the setting of the case be
! vacated, for the reason that a compro-
mise was being discussed, and it would
probably assume definite form and do
away with the necessity of a trial. The
judge granted the request, after which
Mr.. Cotter filed the following document
in connection with the suit:
1T is hereby stipulated and agreed that
thea above entitled cause may be dismissed
as settled. The defendant is to pay the
plaintiff $1,000 in full settlement of all
claims and demands to date and the
costs of this action; also the plaintiffs at
torney's fees; it being understood and
agreed that the payment Of said amount
jS RI f1111v Sctflp and 1iSnnSa Of oil claims
for damages on account of the injuries
and accident complained of and all other
accounts. If said payment is not made
within five days judgment may be en-
tered in accordance with this stipulation
for the above amount"
The suit had it's origin in an accident in
shaft No. 9 of the Rarus mine on March
6, 1897. McGahan was employed in the
mine and had occasion to descend from
one level to another. At that time a tank
was being used to raise water from the
stump. McGahan signalled the engineer,
Frank Hyatt, to lower the tank to the
level at which he was working and the
signal was obeyed, but while McGahan
was getting into the tank the engineer
began to hoist. Not having secured a
firm hold, McGahan was thrown back
ward away from the tank and landed on
a ladder platform. In his complaint for
damages he alleged that one of his arms
was DIOkCll dllu he WAS OlI11iW Use SO DAD
ly injured that it was doubtful if he ever
recovered. He further alleged that Hyatt
started the machinery without having
been ~signalled to do so.
Five suits We're to ave been tried in
Judge Clancy's department of The district
court today, but the setting in each was
vacated. The most important one of the
lot was that of William r. Benham
against the Standard Publishing COM
pany for damages alleged to have been
sustained by him through the publication
Of an article rejecting on his character.
Yesterday it was supposed that When the
matter was called up this morning it
would take the course of the majority Of
alleged libel suits, be dismissed for want
of prosecution and defense. This belief
had it's origin in the fact that Attorney
A. 3. Elder, who brought the suit for
Benham, is now in Manila assisting
American soldiers in the work Of reform,
and the head man of the standard is in
Washington, D.. c., trying to keep w. A.
Clark out of the United States senate.
But it seems hat the plaintiff did not al
low the absence of Elder to cut much
figure, for he employed Attorney Bach
elor to take his place. William Scallon,
one of the Standards attorneys, was pres
ent for the purpose of seeing to it that
snap judgment was not taken. When the
matter was called Bachelor stated that
ne naQ just Dcen employed by the plalnllII
and had not had time to digest the vari-
Gus parts of the complaint. For this rea-
son he would ask that the setting be va
Gated. The court complied.
In the case Of j. Roller VS.. J. Fred
Loeber, the setting was also vacated at
the request of Attorney Robert Mcbride.
Owing to the absence Of John B. Well
come from the city, the damage suit of
Kate Clarity against the Inter Mountain,
| the trial of which was scheduled to begin
tomorrow, will not be taken up until later
in the season. Mr.. Welcome is one of
the attorneys for the defendant.
So far as the custody of the child and