The producers news. [volume] (Plentywood, Mont.) 1918-1937, 1920-05-07
HIGH COURT RE-
VERSES DECISION
Continued from Page One)

a number of politicians who records
indicated they were a,lhercnts of the
Anaconda Copper Mining company,
took advantage of Il communication
from the national war council, PULP
and paper section, which requisite cd
that as Il means of conserving spruce
for airplanc production, newspapers
of the country already established cut
down the number of pages. and urg-
ing that no additional publications be
founded. Although The Bulletin was
already established and had already
announced it's status as daily pa
pier, and although thousands of sub
scriptions for the Daily Bulletin had
been secured and the paper supplies
ordered, the state council of defense
issued an arbitrary order designed to
prevent the issuance of The Bulletin
as a daily.
Because of this order the Bulletin,
in one of its last issues as a weekly,
carried an editorial attacking the
members of the state council of de-
Tense as individuals and announcing
that despite the actions of the men,
bcrs of the council, The Bulletin
would appear on the scheduled day
as a daily.
Testimony at the trials of Smith
and Dunn indicated that w. A. Camp
bell, editor of the Helena Indepentl-
cnt, a copper company organ at Hell
ent, and member of the council of
defense had secured a ceo'y of The
Bulletin editorial in question and had
visited both the county attorney of
Lewis T. Clark county and various
members of the council of defense,
urging prosecution of The Bulletin
staff. Dunn and Smith were sum-
monc.l to Helena to appear before
the board, where without the benefit
of counsel, they were cut through an
inquisition, on which u great deal of
the testimony in the cases was based.
In February. 1919. w. f. Dunn
was tried before Judge Robert Lee
Word, after all efforts of the defense
for change of venue on the grounds
that a fair and unprecedented trial
could not be held in Lewis and Clark
county had been denied. Before
Judge Word who, in the opinion of
Helena attorneys who were Specta-
tors, displayed by his ruling Il degree
of prejudice uncNamplcd in Montana
courts, and L jury. Il number of whose
members were admittedly either hi
;lSed against the defendant or we're
in fear of repriSalS should their ver-
dict be favorable to the defense, Dunn
was convicted and punishment fixed
at a fine of $4,000.
Last June the case of X. Il. Smith
was called before Judge Robert Lee
Word, who during the course of the
trial compelled the attorneys for the
defense to insist on reading into the
record of the case charges Of bias
and prejudice against Word. 1t was
even charged that on occasions the
judge would halt Witness whose
testimony seemed to favor the de-
Tense, and leaning across his bench
would inquire of the prosecutor, Les
ter Loble, if he had any COLLECTIONS
to offer" In such instances, it was
stated by witnesses of the trial, the
prosecutor would interpose an objec-
ton and Judge Word would immedi-
ately grant it. Clashes between
Judge Robert Lee Word and Attor-
neys B. K. Wheeler and L. p. Dono-
van for the defense, were frequent
during the trial.
At the conclusion of the Smith
trial, which lasted a week, the Jury
finally returned a vretlict of guilty
with recommendation to the Judge
for extreme clemency." Judge
Word acted upon the suggestion by
fixing Smiths punishment at II fine
Of $4,000.
1t was ascertaincd at the time that
The principle dissension among the
Jurors was as to the amount Of the
fine, after two of the jury had failed
on several ballots to secure Il verdict
Of acuuitt,h. On one of the final bal
lots, it was stated, that number Of
the jurors were in favor of fixing the
fine at $500, while the highest sum
suggested by any of the jurors was
81 500.
The cases of both Dunn and Smith
were carried to the supreme court,
and the decision handed down this
morning is the result. It is not
known whether the county authori-
ties Of Lewis and Clark county will
al ~ II thu f,,, u