Fergus County Democrat. [volume] (Lewistown, Mont.) 1904-1919, 1916-05-25
DAMAGES
ARE DEMANDED
UNPLEASANT INCIDENT AT WIND
HAM Is AIRED IN THE
DISTRICT COURT.
WILL GO TO THE JURY TODAY

An unpleasant incident that oc.
Cured at Windham ON July 81 last
and was made the basis of an lion
to recover $35,o0o for defamation of
character was thoroughly aired in the
district court yesterday when the case
or FRANCES dAutremont against Mar
garet Mcdonald came on for trial The
evidence was completed during the
day, the instructions settled last eve
nlng and the arguments will be made
today. Belden T. DeKalb and T.. G.
Worden appearing for the plaintiff and
Judge +. K. Cheadle for the defend
ant. The jurors trying the action are
l.. Sparger. Irwin Jones, w. w. Wat
son. b. +. Quaintanee. ]. l.. Parker.
J. d. Slanger. j Finnegan. II. p.
Welch, Allan l.. Wilson, d. NJ. Good
win, II. M. Packard and J. NJ. Sulli
van
In this suit Mrs d'Autremont asks
for $4,000 actual damages and S25 900
exemplary damages. Mrs. dAutre.
mont related that on July 81 the de
fendant came to the d 'Autremont st ore
the postoffice being located in the rear
/, of it, making il public place, and
made statement to the effect that
| the plainlff was trying to get The de.
lendant's husband. with some insinu-
atlons in regard to her chastity The
testimony in a general way was cor
| rObOrated by Mr.. d'Autremont. who
ordered Mrs. Mcdonald out of the
place 4e
Mrs. dAutrenlont was very positive
III her statements as to the language
used by the defendant on the occa.
sion in question. The plaintiff under
took to show that the statement had
done some actual damage by calling
Justice John Ferns. but it developed
that whatever was said, his judgment
had not been affected by it.
Mrs. Margaret Mcdonald. the de
fendant, was the first witness for the
defense. She said She went to the
d dAutremont store on the occasion in
question to mail letter and as she
was coming out Mrs d'Autremont
entered, whereupon the witness says
she told the plaintiff that on the occa
! sion Of the picnic and dance at lie.
high Mrs. d'Autremont had conc home
with Mr.. Mcdonald in the Mcdonald
car while the defendant had to hire
a car and she ,SSnted her to stay out
Of the Mcdonald car. The witness
then went on to relate that Mrs.
d'Autremont called her three kinds
of liar and other things and finally
| advanced upon her with her fist
| clenched. She denied she had used
the words specified in the complaint
and said she did not then nor now
suspect that there was anything i'm.
proper between Mrs d'Autremont and
Mcdonald. She got angry when til"
! plaintiff called her the names and
said she would break Mcdonald and
| put him behind the bars
Jennie Greer, who was employed by
Mrs. Mcdonald at the latter's hotel.
and who accompanied her to the
d'AutremOnt store on July 81, cor
roborated the defendant as to tho
quarrel at the store Her examination
| in chief was difficult and the cross
examination almost impossible, the
witness coming to dead halt sew
eral times, but she finally finished her
statement such as 1t was
Joseph Dunsmore testified to seeing
Mrs. d'Autremont and Mr.. Mcdonald
come from the picnic and dance al
Lehigh in McDonald's car. They were
alone in the car.
Alma Edwards testified to seeins
Mrs d'Autremont get in the car with
Mcdonald and leave Lehigh on tina:
occasion.
Joseph Mcdonald, husband Of ths
defendant, when asked il he brought
Mrs. d'Autremont in from Lehieh IN
his car at the time OF the dance sale
he was pretty well "stewed' at tht
time and was not very clear as t.
what occurred. He was asked il Mrs
d'Autremont had spoken to him yes
terday in regard to testifying on tina
point. and strenuous objection from
Mr.. Belden developed the fact that h
had supposed a general objection pre-
viously made to the introduction o
any testimony at all in relation t,
this trip stood The court had not s,
understood it and matters were finsll,
Strengthened out by the court rulin1
out all of that testimony.
The plaintiff put MIR. and Mrs
d'Autremont on the stand in rebuttal
both denying Mrs. McDonald's state
ments as to names called the defend