Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1901-03-27

In the district court of the Tenth judicial dis
trlct of the state of Montana, in and for the
county of Fergus.
John Fisher. by 6. w. Fisher, guardian adj
litem, plaintiff, versus John NJ. Vrooman, de-
! fendant
1. That at all times hereinafter mentioned
the defendant has been and nowis the editor
publisher and proprietor of that certain news.
paper of general circulation printed and pub.
lished at Lewistown Fergus county, Montana
styled and known as the Fergus County
ARGUS.
.. That on the 10Th day of March, 1901
George w. Fisher was by the Honorable Ed
win h Cheadle, Judge Il the Tenth judicia
district of the state OF Montana, appointed
guardian ad. litem Of John Fisher, minor o
the age of eighteen years, for the purpose q
bringing and conducting the above entitled
action for aud on behalf OF the said minor.
3. That on or about the 18th day of Febru
airy, 1901, at Lewistown, Fergus county, Mon.
tana, the said defendant published among the
/ news items in the local column OF the regua
issue of his said newspaper an article which
contains words OF and concerning this plaintiff
which were so printed and published by the
said defendant with slanderOus and libelou'
intent to injure the reputation and impeach Tho
virtue OF said plaintiff and expose him Il
hatred, contempt aud ridicule, which word
were rs follows, to.wit
Last week the community at Utica were
somewhat excited over the attempt to lynch :
young man by the name Of John Fisher, VIII,
lives at the ranch of his father. George W
Fisher. about Two and half miles from town
From the information we are able to gather ir
regard TO the matter it appears that body o
seven men appeared at the Fisher ranch abOu
dark Saturc ay evening and inquired for young
Fisher. but as he was absent they did not fine
him and have not been able to find him since
They carried a rope and all the necessary arti
cles icr cnndEct n we'll regulated. orderll
lynching affair and announced their intention
of ending the young mans reprehensible ca
reer If they should find him. II is known tina
Fisher in the past has erected for himself ;
most unenviable reputation. having been be
fore the district court during Sheriff Waite
incumbency. charged with assault in the frs
degree. but through the intercessOns Of hi'
| father he was convicted of assault in the thirt
degree and served term in the county jai
therefor, and this time he is wanted by the
neighbors for seducing and running girl abou
| fourteen years of age who lives with wild
owed motherint the vicinity of Philbrook. The
neighbors have evidently taken the law into
their own hands in this case, and, while We dc
not advocate lynch law, II would be a whole
some lesson TO others OF his kind il the spirit o
Justice should be meted out to him as all of hi
ilk really deserve"
l. That copies of the newspaper aforesaid
concerning the aforesaid false and defamator,
matter were circulated and distributed to th'
regular subscribers TO the said newspaper II
Fergus county and elsewhere, and were sole
and otherwise distributed to divers and sundr,
persons in Fergus county, Montana by the saic
defendant. his agent and employees, and thu
statement aforesaid published in the said pape
of and concerning plaintiff was read and in
tended by said defendant 10 be read by sucl
persons and by personal friends and acquaint
ances of plaintiff, and by the citizens of tn,
said county generally. and copies Of the saiI
paper were likewise by the defendant sent am
circulated among persons residing in othe
counties OF said state, with the intent that sucl
defamatory statements should be read and be
leved by the readers of said paper, and tn
same was by the said defendant thereby pub
lshed throughout the state of Montana.
5. That the said publication was printed ant
published by the said defendan, as aforesaid
and was read by divers and numerous persons
and that the said publication was. and Is, false