Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-03-17
Causes P0stponement ofMichael
Dewitt Case.
REFER TO GRAND JURY
Mr.. Weed Believes That Course Should
be Taken With Wheeler's
Affidavit.

Owing to the illness Of John F. Forbis,
one of the counsel for E. Rollins Morse,
the hearing Of the motion for a new trial
in the Michael Dewitt case in Judge
Knowles court went over until Monday.
When court convened this morning Mr..
Evans. law partner of Mr.. Forbis, stated
that the latter was too i'll to leave his
home. He had tonsilitis, and some time
ago received a severe fall, from which Mr..
Forbis feared he had sustained a broken
rib. Mr.. McIntire, associate counsel in
the case. stated to the court that there
were some points IN the case upon which
Mr.. Forbis was more fully posted n he
would move the matter be continued until
next week..
WELL, as this is St. Patrick's day. I
suppose the court is entitled to a holi-
day." said Judge Knowles. II will take
up the matter again Monday morning If
Mr.. Forbis is able to appear"
During the reading Of the afidavits
yesterday by Mr.. McIntire. Mr.. Weed
said tina under the circumstances and
in justice to himself and he Jurors who
had been u~njustly accused he believed
that it would be prope for the court to
refer the aff1davits Of Wheeler to the
grand jury. Thu court declined to do SO.
however, and Mr.. Weed was instructed
that he cot take the matter before the
grand jury himself of he desired to do so.
Mr.. Weed said he would do so.
h articles published by the Helena
Independent during the trial Of the case
in Helena formed the basis for a long ar
gument by Mr.. McIntire and MI. Forbis.
In the af1davits fled by the jurymen
they claimed that they had not read the
articles which h plaintiff claimed were
prejudicial to its side of the case. Mr..
McIntire commended that it was not nee
essary to show that the jurors had read
the articles; the fact that they were pub
liahed during the progress of the trial in
the same community. being sufficient to
form the basis for a new trial. Several
decisions granting new trials in similar
cases We're quoted.
Mr.. McIntire read some Of the articles
published by the Independent. They were
mainly roasts on the Amalgamated Cop
per Co., the Standard Oil Co., and Marcus
DAILY. A dispatch from Butte being an
alleged account of the decision of Judge
Clancy in h Johnstown-P Pennsylvania
case, which was published during the
progress of the trial was made a particu-
lar feature of Mr.. McIntire's argument,
who claimed that the publication OF all
such articles was not only improper, but
sufficient grounds upon which to de-
mand a new trial. tt
At $3.50 o'clock Mr.. Forbis relieved Mr.,
McIntire. Mr.. Forbis devoted his re-
marks principally to the contention that
the evidence in the case did not Justify
the verdict. He had intended to 60 into
the phase of the case more fully this
morning when he would have the models
of thu mine workings in court. He dwell
at considerable length on the actions OF
the Independent during the trial and Its
references to the Amalgamated-Hein
suit, when as a matter of fact, he said
there was nothing at all in the evidence
to connect E. Rollins Morse. the plaintiff
with the Amalgamated Copper Co. Tit
Jurors were bound to be Influenced by
such publications. The jurors went tt
their homes each evening and read the
paper there.
Just before court adjourned the de-
PENDANTS offered to introduce two new af'