Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-04-27

II dlIOlHGyS thC wv * DCo1o"
company who are seeking to secure a new
trial in the Michael Dewitt case, which
wastriedin Helena last winter, sprung a
sensation in the United States court this
morning, when they offered to produce
evidence connecting officers of the Mon
tana Ore Purchasing Co., with the publ
cation Of certain articles in the Helena
Independent, during the trial of the case.
When court convened this morning, At
torney H. G. McIntire, who with John F.
Forbis represents E.. Rollins Morse or the
Butte & Boston company, stated to the
court that he desired to call attention
to an affidavit which had been presented
to the court yesterday from ]. s. M. NeiH
of the Helena Independent. Since that
ida had been filed he had learned
thai it was false in toto. Mr.. Cotter in his
argument yesterday, Mr.. McIntire said,
had commended hat the defendant com
pany, the Montana Ore Purchasing Co..
had in no way beeen connected with the
Independent articles.
Information has just come into our
possession" continued Mr.. McIntire,
connecting beyond question the defend
ant company with the publication Of the
articles which appeared in the Indepenf-
ent. We cannot secure any afidavits, but
we ask the court to allow us to issue sub
poenaes for the parties who can give tes-
timony on the matter. We will ask the
court to allow us to get the witnesses"
Judge Cullen was on his feet in an in
slant. He was taken completely by sur
prise. he said. This case he contended
should end somewhere. The plaintiffs
had had all the Independent people sub
p~Oenaed and their testimony was on rec
ord. The statutes provided that in mo-
ions for a new trial all matters should be
presented by affidavit. No subpoenaes
were allowable. The defense had been
convinced that the plaintiffs had no right
to use depositions in the case, but they
a entered no objection, because they
did not believe in firing a 13-inch gun at a
little bird, and because they believed the
dispositions would do the defense more
good than harm. These dispositions,
Judge Cullen said. had been very adroit-
ly presented as aff1davits. Under no pre-
tense was a subpoenae to take oral testi-
mony permissible under the statutes. It
would be without precedent in the state
to admit 1t.
Attorney McIntire replied by stating
that he was ~astounded at Judge Cullen's
ignorance of the statutes of Montana,
which he believed the judge helped to
compile. The action contemplated was di-
rectly authorized by the statutes. 1T was
because they had'tO go into the enemy's
camp to secure ammunition. Mr.. McIntile
said, that they had awaited themselves OF
the dispositions. TAKE the case of Carlos
Warfield, he said. Mr.. Warfield was an
employe of the company and they could
not secure his affidavit, but going to him
as they did with a subpoenae the sue.
ceeded in getting his deposition. Now he
said, they We're in a position to show the
Montana Ore Purchasing Company's con-
nectiOn with the Independent articles.
They did not care for the testimony Of
this witness as much as they did for the
papers in his possession. He believed
<No + - rryor ~ ~Lon~~ o~,y0. - 49,
court to produce this witness.
What are these papers?" asked the
court.
"They are communications or tele-
grams by officers of the Montana Ore
Purchasing Company regarding articles
for the Independent and whel and how
they should be printed replied Mr.. Nc
Intire.
II believe I will establish a precedent
and issue a subpoenae in this matter
said Judge Knowles.
"Well. we may want to have Mr..
Heinze here,'' said Mr.. Cottec.
"Mr. HeinZe will not be connected with
it," replied Mr.. McIntire, ''but son,e OF
his officers will be.
"Who is this witness?" demanded Mr..
Cotter.
"He is the agent of one Of the local tele-
graph companies. 1t was claimed by Mr..
Neill and others that the articles publish
GA LII IoO6A ~ lC6 uldI sHdllllClS VI
news. I believe that we can, through this
witness, and the papers in his possession
connect John MacGinniss who is genera
manager and agent Of The company with
the articles, telling the Independent how
to publish n when to publish the arti-
cles."
Court then took a recess until 2 O'Clock
IN order that the witness might be pro-
duced.
When court convened this afternoon
w. K. Foote manager of the Postal Tel
egraph Cable company, was called by
Mr.. Forbis. Mr.. Forbis asked Mr.. Foote
If he had brought into court certain
papers specified in a subpoena issued
particular papers had been specified and
hat he had not brought any.
Mr.. Forbis asked him if he had not
been commanded to produce the records
of his office relative to kilograms which
it was alleged had passed between the
Montana Ore Purchasing company or its
officers to the Helena Independent, j. S
NJ. Neill or Carlos Warfield, during the
trial of the Michael Dewitt case.
The court remarked that the dates
We're too indfinite.
Judge Cullen also made a remark thai
the rules of thestelegraph were
II hat a. Operators nrsa mast f not ai VI en the e9 eon.
tents of telegramss..pnless matters are
specifically set out.
Mr.. Forbis said that 1T was not known
exactly what wasSWaHted. He was in
formed that the n1anager of the tele,
graph office had in his possession copie.
Of certain kilograms from the officers o.
Isl