The Butte inter mountain., 1902-10-28

CONTINUED from Page One)
and treatment of DIR. Cayley after he was
wounded, and up to the time of his
death"
In reviewing, the complaint says: "hnd
said article throughout imputcs to this
plaintiff and concerning this plaintiff that
he had not sufficient medical or surgical
skill to give to the said Cayley the proper
and correct treatment for the injuries he
had received, and the said article imputes
to and concerning this plaintiff lack
of sufficient knowledge to properly perform
an autopsy upon the body Of the said
Cayley."
Referring to the damages the complaint
says: Said article was intended to and
does cast upon this plaintiff reflections
and charges as to his professional skill and
ability as a physician and surgeon, and
is calculated and was intended to injurc
this plaintiff in the minds of the people
throughout the city Of Butte and the state
of Montana, wherever said article was
circulated, and to injure and destroy the
plaintiffs practice of medicine and sur
gerry, and was intended to and does create
in the minds of the readers OF said paper,
wherever the same was circulated, bias
and prejudice against this plaintiff and
against the medical and surgical skill of
the plaintiff to such an extent that it very
greatly Injuries and damages the plaintiff
in the estimation of the public as a skill
full practitioner of medicine and surgery"
It Injured His Practice.
Further it states: That said article
Injuries this plaintiff in his profession so
that he is not enabled to maintain his
practice and standing with the public gen.
orally, and causes the public to withdraw
from the plaintiff their patronage and
tends to destroy and does destroy plant
iff's means of maintaining himself and
his family.
The complaint concludes with this para
graph That by reason of the publica-
tion and circulation OF said article and the
charge therein imputed to and against
this plaintiff and by reason Of the fact
that his standing, skill and ability as
physician and surgeon has been attacked
in said article, and the mind OF the pco-
pie generally has been poisoned against
this plaintiff by reason of said article, he
has been damaged in the sum of $50, 900,
for which SUN, together with costs, the
plaintiff prays judgment"
Following the regular mode Of legal
procedure tne ue1endant, the Butte Miner,
will next file an answer to the complaint
The case will probably not come to trial
for some time because Of the extent Of lti-
CATION already in the courts.
Appeared Last Saturday.
The article referred to appeared in the
Miner in the form OF an editorial in the
edition OF last Saturday
in relating the incident of the shooting
the complaint says that Immediately after
the shooting Of the said Caylcy, said Kelly
telcphoned for the plaintiff herein to come
to the assistance OF the said DR., Cayey"
Subsequently the words, said Kelly are
family traced out and over them are
written the words. AT the instance of said
Cayley someone
Dr. Hanson in his complaint states that
he was the principal physician and surgeon
having in charge said DR.. Cayey and the
treatment of the wounds of the said
Cayey. Robert B. Smith is attorney for
DR.. Hanson.