The weekly miner. [volume] (Butte, Mont.) 1878-1881, 1879-11-18
Court Room Pieasantrles.
Especial Correspondence of the MINER.

lSpSclul correspondence u ue MlNEH.i
Several interesting episodes have occurred
in court during the progress of The Fox trial.
Some one was whistling very loudly, in the
lower hall, on Tuesday, when Judge Wade
ordered U. S.. Marshal Botkin to proceed with
all haste and "suppress that music" Col.
Sanders arose, and in his most submissive
style, said he hoped the Court would be as
lenient and merciful to the offender as pos
sible, in view OF the fact that !" PinafOre " had
been performed here with great succe.s;
whereupon His honor's brow contracted, and,
as he was readjusting his spectacles, he said !:
"You will please contine whatever mouth
music you have to examining those gentle
men in the box to see if they are qualified for
jurors in this case" All the other counsel in
the court room ducked their head at once. 1t
was presumed they were not crying.
On Tuesday afternoon Mr.. Chadwick re-
ferred to Col. Sander as the hired man." or
hired attorney of the Government. On We'd
nesday morning Col. S. fired back. His
broadsides were quite broad. Subsequently,
Judge Wade announced emphatically he
would enforce the rule rigidly and promptly,
and not permit counsel on either side TO in
dulee in personalities.
Many OF the merchants are complaining
because they are forced away from their bust
ness to undergo examination for jurors. The
~. % allDNS lIlCul OLly WV llu ~ doss
Jurors get three dollars a day in Territorial
cases and fair mileage. The U. S. mileage is
almost nihH.
There is some indication that the Fox trial
Cor trials) will last several weeks if proceeded
with now.
The scene in the court room on Tuesday
afternoon, when the mol pros. was entered OH
the Indictment a jury had just been obtained
to-. try, was quite sensational. Counsel ON
both sides spoke vigorously. Mr.. Andrews,
the US. Attorney, was III the Grand Jury
room presenting additional facts on which an
indictment was subsequently found. Col.
Sanders had moved the mol pros. Toole,
Chadwick and other counsel of Fox were
pressing to so to trial on that Indictment.
Finally the Court ruled the not pros. could
be entered then, the jury not having been
sworn to try the case yet. In thirty minutes
afterwards the Grand jury returned into
court with an Indictment somewhat similar to
the one just not pros'd. Officers were sent
for defendants counsel, to- have defendant
plead. Then defendant was anxious to plead
at once. The situation was changed. Yes
terday morning a strenuous effort was made
to get the old indictments disposed of. The
Court ruled as l have already, stated.
The court room is filled with spectators
daily.
There is some amusement connected with
getting jurors. One man told the U. S. mar
shall he could not possibly come because he
had to bake but he came. Another appealed
to a Deputy U. S. Marshal to let him off, be-
cause, as he said, 81 voted for you, you know,
and did all l could TO get you elected, and
now you drag me away from my business
He came, too. Marshal Botkin caught anoth-
or individual playing poker with some friends;
The game ended there.
The papers are becoming SO voluminous i'll
the Fox case that the clerk of the court thinks
he will have to buy a Saratoga trunk to keep
them all in.
The Court called up the Fox case again this
morning, as set. Sixteen indictments have
now been found. To the new one before the
Court, defendant plead not guilty. Challenge
to array filed. Overruled. Change of venue.
Overruled. Demurrer. Overruled. Proceed
ed to get a jury. Twelve men in the box
W undergoing examination when the Court
adjourned at noon.
The Court room is filled with spectators
daily.
Counsel for the United States Andrews, U.
S. Attorney, and Col. Sanders, Assistant U. s
Attorney. Counsel for Fox; Toole, Chuma-
sero, Chadwick and DeWolf, of Butte.
HELENA, Nov. 10, 1879. NEZ.