Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-07-10
DEFENDANTS OBJECT
TO CROSS-EXAMINATION
Wording of Yesterday S Motion for
Continuance and Judge Lindsay's
Ruling-Night Session.

On account OF, the action of the defend
ant in the trial of the Spectator suit yes
terday morning, in making a motion for a
postponement of the trial on the alleged
ground that the account of the proceedings
of last Thursday, as published in the Inter
Mountain of the day following might have
a tendency to influence the jurymen in the
case, and the order made by the court yes
terday keeping the jurymen together until
the trial is over, Judge Lindsay held a ses-
sion of court last evening.
E. A. Nichols. whom Gen. G. s. Warren
said on the witness stand had received
from p. A. Largely $1,000 more for his in
terest in the Spectator mine than he him.
self and that Largey had thereby film
damned him out of $1,000. testified and
as the amount he received for his interest
was concerned.
This morning the deposition of Senator
Portions of It met with objections and at
recess the judge. took the matter under
amusement until 2 o'clock, as he desired
to read the testimony. AT 2 o'clock he sus-
tanned in the objections in part.
Relative to yesterdays motion of the de-
PENDANT for a continuance IN presenting
May it please the court. since the adj
journment on Friday last up to the present
time certain matters have transpired which
attention of the court. In the issue of the
Inter Mountain Of Friday, July s, 1900, there
is an article referring to the case, with
come to the attention of the jury; if not,
it easily could lave come to ther attention,
and we desire to call the attention of the
court to it. ] do not know whether the
court has seen the article or not. | do not
care to read it in the presence of the jury.
We feel that it is an effort on the part of
the paper to influence and prejudice the
jury in the matter. and it is our duty to
call the matter to the attention of the
court. Of course, the court realizes, as
everyone does, that in matters of this kind
the jury should try the cause upon the evil
dence that is before them, and not Upon
the comments of outsiders or newspapers,
and that the matter should not be preju-
the court needs no assistance whatever in
these matters in determining rights or
wrongs of the parties. AS it is, we feel
that the very source of justice is poisoned
and we desire to call the courts attention
to an authority or two relative to this mat
ter and ask the court what course to pur-
sue in reference to it. The matter came up
in the United States court not long since
in a case tried in Helena, known as the
Michael Davitt case, and the motion for a
new trial was argued upon the ground that
the newspaper articles could not be pre-
sumed to be otherwise than damaging to
the parties and that something should be
lone in order that relief might be granted
to the party who was injured in this re-
spect. Upon the presentation of the mat
ter to the United States court authorities
by the parties who represented the liti-
| giants who were on tha side that newspaper
| evidently was in that case, that a new
trial should be granted under the circum-
stances, but that no proper objection had
been made on the part of the plaintiff in
that case"
After the matter had been argued the