Evening capital news. (Boise, Idaho) 1901-1927, 1912-12-23

dDle 10 get without dppiSlHS uircStiS
to the office or some other place-if
II is necessary, l can procure the files
of the paper and offer them from
those-I desire. IL there is no obJec-
tion. TO offer these exhibits. as they are
attached to the information: the pub
LEGATION is admitted. Any objection?
Mr.. Fraser-No objection to their
admission because we don't deny the
publication of those articles.
Justice Stewart--They may be adj
mitted.
Attorney General desire to file the
following stipulation. In explanation
will say to the court, expecting to
proceed with hearing the testimony
morning, Z. on Friday. issued sub
poenas which have been served and re-
turn made of service upon witnesses.
In preparing the case for trial, I pre-
pared a statement Of facts the plain
tiff In this case was able to prove;
yesterday, I submitted this to the at
torney for the defendant Cruzen; and
this morning we have entered into the
following stipulation:
The Stipulation.
1T is hereby stipulated by and be-
tween counsel for the respective par
ties hereto that the witnesses on behalf
Of the plaintiff now subpoenaed, would.
If sworn and called as witnesses, testi-
fy to the following state of facts:
(Signed) ID. C. M'DoUGALL,
Attorney for Plaintiff
(Signed) "a. A. FRASER,
attorney for Defendant Cruzen.
IL That, on the 2Sth day OF Jan
uary, 1910, The Capital News Publish
fishing company issued chattel mort
gage to the Boise Title and Trust COM
pany in trust, to secure the payment
Of sixty bonds Of said publishing COM
pany. for $1,000 each.
re- That one Timothy Regan held
at one time block Of said bonds.
49, That afterwards. Governor
Brady had control OF block of said
bonds, or guaranteed the interest
thereon, which was held by him up
until the summer Of 1911.
"A. That the defendant Cruzen has
made statements to various persons
that he had purchased and owned the
interest formerly owned by Governor
Brady.
20 That. in February, 1912, defend
ant Cruzen stated and declared that
he owned the control of said paper.
and particularly that he had control Of
the political policies thereof. That he
made this statement to persons inter-
ested in the commission form of gov
eminent campaign i'll Boise. and he
outlined the policy that The Capital
News would pursue in that election,
and that the paper pursued that policy
20. That, during the local option
campaign in Oda county. In June,
1912, defendant Cruzen called on the
committee in charge Of the wet side.
and told them that he was In control
of The Capital News, and If they would
adopt a certain platform and policy,
his paper would support the wet side
in that campaign. That the committee
adopted the platform and policy as
suggested by him, and that defendant
Cruzen had articles written and pre-
pared upon the issue in that campaign,
which articles were signed by parties
procured by the committee, and were
afterwards published in said paper, and
that the paper followed the policy out
lined by Grnzen. and did support the
vet side IN the campaign.
~ That defendant Gruzen asked
the same committee To interview
number of business men who had with
drawn their advertisements from the
said paper. and asked them To again
patronize the same, and stated 70 them
rs a reason therefor, that lie now was
running the business. and that such
action would be an assistance TO him
in his business.
IS. That, IN the said election. de-
PENDANT stated to various citizens that,
IT. 1t had not been fer the position tax
en- b. his paper. that the county would
have gone dry
No. That at the Lewiston conven-
ton, IN --, 1912. Crnzen stated to
a number of people that he was in con-
troll of the political policy Of The Capt.
tai News.
10. That, during the primary CAM
paign ending July, 1912, defendant CRU
zen told to a number of candidates and
other persons, that lie controlled the
political policies of the paper, and that
it would only support such persons as
MORE
he recommended, and that nothing of
q political nature or OF their candidacy
would be published IN the paper during
the campaign that wasn't countenanced
ana approved by him. That he con-
Versed freely with candidates about the
action of the paper WITH reference to
their candidacy, and 10 certain ones
stated that the attacks that the paper
had been making upon them would
cease, and thereafter such attacks did
cease.
III. That, after the November cleo