The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-07-04
THE ARGUMENTS CLOSE,
A Large Crowd Fill the Supreme
Court Room to Hear Col.
Ingersoll.
He Speaks of the Prejudice Inlu-
encing Judge Mediation in
His Decisions
A Plea for u Change of Venue md AN
Impartial Judge aud
Jury.

The announcement that Col. Ingersoll
was to address the supreme court in tho
Davis will case filled the small court room
yesterday afternoon. Among the ladies
who had seats near tho lawyers we're Mrs.
Blake, wife of tho chief justice; Mrs.
Campbell, of the Broadwater; Mrs. Meyer
and Miss Maude Ingersoll. All tho seats
were taken by members of tho bar, court
attaches and others. Every inch of room
in the narrow gallery was occupied and the
doors leading into the room were choked
with people treading on each others feet in
attempts to get n glance of the eloquent
Ingersoll, whose large, bald head, with its
fringe of silvery hair, could be seen bob
bling about as the speaker emphasized his
remarks. At times whom he grew impress
slve his voice sank to a whisper,
and could not be heard but by
those close to him. Ingersoll went all
through the history of the case up to the
time of the rulings made by Judge Nc
Hatton at Butte and the taking of the APP
peals to the supreme court. The point up
on which he dwelt at length was the CON
tention of the Root people that Judge Nc
Hatton was unconsciously influenced in his
rulings by prejudice, and that a full, fair
and impartial trial could not be had in
Silver Bow county because of the
feeling of prejudice displayed against
the Root people. Ingersoll said
he did not charge corruption against
the Judge nor attack him in the citadel of
his honor. He would not say one
word against him before the su-
preme bench which he would not
utter to his face. Yet he thought
| - Eli N~onvn fpp,t +hn rnNnrl nrI In
affidavits of George Q. freeman, there ex-
listed in Silver Bow county a feeling that
the money belonging to the estate of the
millionaire should be allowed to remain in
that locality. OF this spirit, he said, Judge
Meditation unconsciouslv took part. Even
the comments of the newspapers, published
in Butte showed that prejudiced existed III
the community. The attention of the
court IN this point was directed to the afii.
davit of Freeman, where he states his inter
view with Phil Julien, a Butte reporter
Mr.. Julien's statement to Freeman was II
effect that he had talked to a great many
people in Butte and nearly all of them ex-
pressed the desire to have the
money belonging to the estate
remain in Butte. why don't the
+ Davis people got an affidavit from Julien
thathe never made such statement" asked
Col. Ingersoll. He looked through his big
j, gold-rimmed glasses at Congressman-elect
Dixon and waited a few seconds to see thu
effect of the shot. cullen" he said, "dit
not dare go on the stand and swear that ht
did not make the statement"
The relatives of the dead millionaire re-
ceived some attention. They we're likenet
to v~ultures sitting about on fence rails
Most of them were not loving enough to e
to Butte and live off the old man while HI
was still alive, but stayed way in othe
states where they enjoyed his bounty
These we're not to be compared for a mo
ment with those who did stay by the oil
@ gentleman as long as there was a dollar il
@ , sight.
were rounded off with & joke or a story
. creating much laughter and which caused
. the chief justice to unbend and join III
while the associate justices had a hare
. struggle to look digniied. When speakin,
y of the lower court, to which he did not de.
sire to be understood as referring in an I'm
. becoming manner, Col. lngersoll told
story we'll known to judges and lawyers
1t was of the lawyer who had been address
. ing the court at length. Finding some
D thing in the actions of the judge which dit
not please him he slowly gathered up hi
. . books and started to leave the room. H
1 was stopped by the judge who asked him i
he was attempting to show his contemp
: for the court. mo, your honor was tn
reply. Pm trying to conceal it,"
; Talking about the prejudice which h
: claimed existed in Butte against the Roo
people some more laughter broke fortl
when the colonel pleasantly referred to hu
b man nature in that town. He said he nn
derstood human nature enough TO under
stand that it would work even in Butte.
The argument closed with an eloquen
appeal tor Il change of venue, where tn
judge and jury who are to try the case ma,
= be impartial. The most sacred place OIL
earth. said the speaker, was that tribuna
where justice was melted out between maj
' and man in n calm and impartial manner
Z just as Col. Ingersoll concluded the chief
. justice directed the bailitf to adjourn cour
9 until Monday morning at 10 O'Clock. TIL
case is now in the hands of the judges VIII
will pass upon the questions concerning tn
change of venue. NJ announcement wa
n made as to when a decision might be locke,
for.
. 1.-THE Woven Web at st. Aloysius Hall-th
most thrilling domestic drama of the day. AC
mission 80 Csuts,