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Show COMPANIES VICTOR IN SMELTER SUIT i Affur Seven Hours of Deliberation Delibera-tion Jnry Returns Verdict for Defendants. PLAINTIFFS ASKING FOR HEAVY DAMAGES Surprise Sprung by Defense at the Last Moment Turns the Trick. After being out seven hours, the jury in tho case of Charles J. Shoup and others against tho United States Smelting company and tho Utah Consolidated Con-solidated Mining compauj' roturned a I verdict for the defendants at G o'clock vest onlay afternoon. Tho caso was : giveu to tho .-jiuy boforo tho noon recess, re-cess, and after debating for several hours thov returned to the court room and sought further instructions from I tho court. Thirty minutes later the' reported thoir verdict. The case has attracted widespread interest among sheep raisers throughout through-out tho state, us many future court actions ac-tions depended upon tho vordict rendered ren-dered bj' the jury. In this case Mr. Shoup and Mr. Jnyucs sued the two concerns for $10,$50 damages each and for an additional $10,000 each punitive damages. Tho plaintiffs alleged that as j tho rosult of smoke from the smelters sottling upon the grass in tho sheep ' ranges, whro tho sheep were being fed, soveral hundred of them wero poisoned and died. The defendants declared de-clared that this contention was not possible, pos-sible, and just before resting their caso on Mond.13', sprung a surprise upon the plaintiffs which was not looked for. "Worm Is tho Cause. Evidence was introduced at the very last moment by the defense, through an expert, showing that tho sheep met their death from a parasite known in Montana as tho "fringed tape worm." This worm fastens itself upon the gall duct of tho animals, and after destroying destroy-ing their digestion, death almost invariably in-variably ensuos. Dr. Gardner, tho ex- Eort, testified that ho had caused to be illed and cut opeu several sheep which had been allowed to feed in the districts mentioned tn tho complaint of tho plaintiffs, and in tho majority of cases ho had found the existence of this new parasite. Tho introduction of this evidence camo as a thunderbolt from a clear sky to the cause of the plaintiffs, and undoubtedly un-doubtedly was tho one point which turned tho tide in favor of tho defendants defend-ants and caused a verdict for them. Up to that time, experienced lawybrs assort, as-sort, the case was strongly in favor of tho plain tiffs. Arguments Aro Closed. With tho opening of court yesterday morning counsel for tho defense closed the arguments in behalf of their clients and tho plaintiffs' counsel followed. The chargo of Judgo Marshall was brief, and he gave tho caso over to the .-jury shortly before tho noon adjournment. ad-journment. Many sheop raisers last evening expressed ex-pressed themselves as astonished at the verdict, saying that, in their opinion, a verdict for the plaintiffs should have boon roturuod. Thoy claim that during tho long trial, which lasted, over a week, thoy had boon present all the time, and were thoroughly convinced that the death of tho sheep was caused by eating grass which had been poisoned pois-oned by tho fumes of nrsonic comiuc from tho smelter in tho smoke which settled over tho raugo upou which tho sheop wero feeding. This was the main contention of tho plaintiffs throughout tho trial, and was naturally concurred in by the men engaged in ' tho raising of sheep. |
