The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1902-11-08

P. A. O'Farrell was yesterday discharged
by Justice O'Connor of Walkerville in the
case against him in which he was charged
with criminal libel in publishing, as editor
of the Reveille, a certain affidavit Of Judge
Clancy Of the district court, in which
Judge Clancy swore that d. ]. Hennessy
had offered him certain inducements to
discharge or dismiss the receiver in the
case of Forester and MacGinniss against
the Boston & Montana Consolidated Cop
per and Silver Mining company.
Those who had heard the evidence OF
O'Farrell's connection with the Reveilie
was proved beyond any question OF doubt,
and the action of the justice in descharg-
ing OFarrell came as complete surprise
to every one in the courtroom, with per-
haps one or two exceptions.
Expressions of surprise were also heard
pretty generally among the attorneys and
on the street at the result Of the trial.
From the beginning it was evident that
the defense would be an effort to sneak
out of the charge to avoid the RESPONSE
bility and deny any authorship or editor
ship of the gutter newspaper.
Brouse Has a Poor Memory.
A. w. Brouse, whose name appears on
the sheet as publisher, had marvellous
failing of memory and betrayed an igno-
rance of the origin of the publications
which appeared in his paper, that was
amusing to those who heard him.
Notwithstanding the fact that witness,
testified that in the hearing before the
United States court, in which OFarrell,
with others, was charged with sending OBJ
scene matter through the United States
mails O'Farrel himself stated that he was
the editor of the Reveille and was in en-
tire and absolute control of all matter
printed in the paper, the effort was made
to show at the trial yesterday that O'Far-
rel knew nothing of the article, and even
Brouse himself testified that he did not
see it until after it appeared in the paper.
Although Judge Clancy was arrested at
the same time with OFarrell and on the
same charge, it was noted that he put in
no appearance and that the county attor-
ney stated that no date had been set for
his hearing. When his case does come
up for trial, however, it is evident that
his defense will have to be OF different
nature from the lame one put up by
O'Farrell, as Judge Clancy swore to the
affidavit before Clerk Of the Court Samuel
M. Roberts, who was present as witness
at the trial yesterday The affidavit, as
printed in the Rcvcille, also had fac
smile of the signature OF the judge.
Where Breen Stands.
County Attorney Breen showed his dis
position not only when he objected TO
the appearance of Attorney c. +. Kelley,
Lut when he made the following remark
to Justice O'Connor Immediately after At
torney Thrcsher's motion for dismissal:
"And / may say right now that If you
so bind the defendant over, your action
will not be binding upon the county at.
torneys Office"
O'Farrell had announced in his issue of
the Reveille of October 81, last, that he
accepted the challenge implied in his ar
rest, that he had the conspirators trapped.
that he and his friends had evidence of
the most ample kind to prove the truth Of
the charges contained in Judge Clancy's
affidavit, and that they welcomed the is
sue. Justice OConnor, ably assisted by
County Attorney Peter Breen, discharged
| the prisoner after the most convincing
evidence of O'Farrell's connection with
| the Reveille and the falsity of Judge
Clancy's affidavit. Mr.. O'Farrel refused
to take the stand and make good his pre-
election boasts.
Section 43s of the Criminal Code of
Montana reads as follows: Each au-
thor, editor or proprietor of any book,
newspaper or serial publication, is
chargeable with the publication of any
words contained in any part of such book,