Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-03-12

avoid reading any articles In the news
papers bearing upon the case on trial;
that he was very careful to avoid such
articles whenever he saw by the head
lines IN h paper or In any other way
that they referred to the case at issue;
that he read one of the articles in said
paper. but was not Influenced in the
slightest degree by the same; that he
was not In any way influenced in render
Ing his verdict by any articles appearing
In the papers or in any other way.
HI. O. Farris, another juryman, says
that he has read the afldavit Of one O.. A..
T1bbitts. a witness for the plaintiff. filed
In support Of h plaintiffs motion for
a new trial in the cause. under date Of
February %. 1900: that he denies hold
bits; that he did not ask Tibbitts
II he had seen the decision Of Judge
Clancy in the Pennsylvania case, nor
aid he say that he understood that prac-
ticaNy the same issues We're involved in
the Pennsylvania case. as in the case in
trial. nor did he state that Heinze was a
hard man to down. nor that he did not be-
lieve in one company controlling all the
mining property In a mining camp.
The affiant further says that he is one
OF the proprietors of the Capitol restau-
rant in Helena: that shortly after the
case was called for trial the SAID Tibbitts
came to the restaurant and said to affl-
VIII Nl RAC AHG Ill l" u liG0k
ticket. ! am going to stay with o for
some time. as I am one Of the expert
witnesses Fer the Boston & Montana
company in the present trial." That wal
all the conversation had until several
days after the verdict in the case. when
Tibbitts entered the restaurant While
affiant was conversing with John Owen.
Tibbitts then told him hat the reason he
(Tibbitts) was not put on the stand in
the trial of the case was that he could
not stand for Braden's correlation theory,
or that there had been a throw of the
vein of $50 feet. Farris denies hat he
.conversed with any person about the
case during the progress of the trial. and
says that he did not read any of The ar
ticles in the Independent relative to the
case. but especially avoided the same.
T. H. Emery being sworn deposes and
says, that he was a juryman i'm the case
and is at present employed in the Mon
tana National bank. He say that be-
fore he was sworn as a juryman he had
heard it rumored hat the Boston &
Montana was very anxious to retain him
on the jury since they thought he would
be fair to them. Affiant also heard 1t
rumored that he was certain to be re-
tanned OF the jury as both sides thought
him a fair and impartial juror. He de-
MES that at any time he read the articles
appearing in the newspapers. and espe-
cially avoided the same and ~endeavOred
in every way to render a fair and Inn
partial verdict according to the evidence.
Walter Passavant, another jurman, de-
MES that he read any of the newspaper
articles; that he paid personal taxes in
Lewis and Clarke county last November.
Juror Joseph N. Kenck admits reading
some articles in the Helena Independent,
but does not now remember whether he
read the articles referred to; that the
same. did not in any way influence his
verdict in the case.
Juror Frank S. Lang says that it was
his invariable custom to avoid reading
any articles in the newspapers bearing
on the case and was not influenced in
any way by what he had read.
r. c. Wallace, Louis c. St~iler, w. r..
McComas, e. c. Perret and George T.
Wickes, other jurors. all made affidavits
that they had not read the articles in. the
newspapers and were not influenced in
rendering their verdict by anything they
had read.
The motion for a new trial in the
Michael Dewitt case will be heard before
Judge Knowles ON March Is.