The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-11-03
A CONTINUANCE GRANTED
Case of Toms and Cusick Against
Murray Postponed to Monday.
WILL BE SENSATIONAL
Litigation Involves the Pocatello Water
Company = DR.. Toms, this Principal
Witness, Is Missing MIR. Norris
Files an Affidavit.

| y. y
Cusick against James A. Murray, the
| trial of which promises to be somewhat
sensational, was yesterday continued
until next Monday by Judge Lindsay
on the application of the plaintiffs at
! torneys, and after hard fight on the
motion for continuance. The post
| ponement was made necessary because
Dr. Toms, one of the plaintiffs seemed
to have become lost. When the case
was called for trial yesterday morning
Senator Edwin Norris. one of the at
torneys for the plaintiff, presented to
the court an affidavit made by himself
in support of the motion for continue
ance. He said Toms is and has for a
number of years been a resident of
keyport, N. j., and has been in corre-
spondence with his attorneys ever
since the commencement of the suit
He has always been very anxious to
have the case tried and disposed of.
About the time the case was set for
trial the attorney notified Toms by tel
egraph and received a reply that he
would surely come to Butte and be on
hand for the trial He has been looked
for on every train and has been fully
'relied on to be here in time for the
| trial, but he has not yet arrived The
attorney said that Toms was some
where on the way between his home
III we" Jersey anu bullt, eHuedNDIlllss
to reach this city, but that from some
| unforeseen happening he has been de-
layed on the road and prevented from
arriving in time.
AS shown by the pleadings in the
case. Toms was the president and man
ager of the Pocatello Water company,
the corporation over the stock of which
the suit arose, and was the person
with whom the defendant had most of
the transactions concerning the stock
and property. and is the only person
who can testify thereto, excepting. per-
haps, the defendant himself Toms
| has been in charge of and has been dl-
recting the management of the case
and is required at the trial for that
f, purpose, and is also a very material
witness, and the plaintiff cannot pro-
| coed to trial without him. Mr. Norris
further alleged that if present. Toms
would testify substantially as follows:
That Cusick and himself associated
themselves together, as alleged in the
complaint. for the purpose of construct
ing the waterworks and plant at Po-
catello, and they entered into an agree
ment with the defendant, Murray, by
which the latter agreed to advance the
money necessary for the construction
thereof and to take as security there
for the capital stock of the corporation
belonging to the plaintiffs; that the
defendant acquired all of the capital
stock which he now holds. except 50
shares, being more than $500 shares,
under the verbal agreement that he
was to return the stock to the plant
ifs when he repaid his money with m
terest either out of the profits of the
company or otherwise, and he has no
other or further interest in the stock:
that since January, 1898, the defend
ant has been in sole charge and control
of the business of the corporation and
| it has been very profitable: that there
| was no other agreement entered into
| between the parties except the verbal
agreement, and only portion of the
| stock was turned over to the defend
ant by the plaintiffs originally, but the
| defendant afterward coerced and COM
PEELED them to turn the balance over
to him. 1t is alleged that Toms is also
| material witness upon some matters
| connected with the accounting to be
had, and upon that matter it was i'm
| possible to take his deposition.
Mr.. Norris argued his motion and
affidavit for continuance and in his
reply Attorney Cotter. representing the
defendant argued that the plaintiffs
! had not made such a showing rs
waould entitle them to a postponement
of the trial. George Haldorn, one of
the attorneys for the plaintiff, said
that as Mr.. Murray had counter
| claim for nearly $l00.0U0 he could read
lily understand why the defendant was
so anxious to force the plaintiffs to
trial in the absence of MI Toms. Mr.
Haldorn said that if the trial were
| continued for a reasonable period TO
! give them time to locate Toms they
would go to trial then with or without
| him or dismiss the suit.
| After listening to the arguments
Judge Linsay said that on the showing
| made he would grant a continuance
until next Monday