Hot Springs weekly star. (Hot Springs, S.D.) 1892-1917, 1893-10-27
THArcATnoL,coN MATTER N 4
A Full Statement Of the Case BY 0ns w.
Is Fully Posted In the Matter. n Il

~ u
A Full Statement Of the Case BY 0ns We
Is Fully Posted In the Matter. n
To the STAR:
1t is prOverbial that 4 certain class Of
Law yers, on losing Il case, explain to
their clients by damning the cOnrt. Il
Is Il custom resor,e ell to by tlls uilscru-
pulOus to divert the attention Of the
clien, from the very bad advice given
him III starting tlle suit, or the blullders
occasion.d by neglect or ignorancs Ut
the attorneys.
In the present judicial campaign we
have Il care in point. O.lamdO Fergu-
son, months after having Id tile ~.
tllolicon property to the Catllollcon
Hot Springs company. concluded that
lae wanted the hotel bacA again. Act
ing under the ad /. ice of Attorney CleyV-
land he. by stel til aud stratagem, got
intO.tlle hotel aud then held Possession
by the assistance Of ~, armed moo, tile
lead rs of which were kamable. AMdUr-
sun and the Clevel ,mds. 1t wUnld be q
sad conmen AIRY OH our system "f gov-
ernMent IT such wrongs rs were per
pe rated by Ferguson aud his muscular
lawyers could not be redressed except
by resort to brute force. y hearing in
the matter was had ut ilie Instance Of
the company before Judge Gardner at
Custer. the result of which was that the
Judge Issued an "rd,r restraining Fer
g',so" aud his mob from keeping Jos
session OF the hotel, p-ndin. the suit.
And to fully role..t Ferguson against
any damages he might sustain, lie re-
quirtd thr COMPANY to give Il bond OF.
$l5.M0. Ferguson at % cr appealed aoss
the supreme court. whic, precludetl the
company from taking possession under
he order
On June Bird the case was again taksns
brfO.e Judge Gardner al Iiapid City ~
tile attorneys for the company on
motion for Judgment OH the ground
that Ferguson's answer was frivolous.
TO fu' tller delay the case. Cleveland. as
FergusOh's attorney, thea made an OBJ.
jecti"n to further action in tile case ,,e-
cau>e the company had not filed tue
bond fur $l5.MO. Judge Gardner rui+d
that. although thu company was pre-
clud-d by the appeal from taking pos-
session ot the property tile bond sl,nu d
have heen given. but allowed ti,~ case
TO proceed upon the promise OF the ut.
torney for the company that tile bond
would he tiled on the following Mo,l-
day. he motion for Judgment 0n
frivolous answer is u m .tter which adj
mits "f no argument 81 the question
was submitted. with the understanding
that tile decision of the Judge should
not br made a matter OF record until
after the bond referred to hid been
tilsd. NoOt.er agre. ment was male
III any way and that agreement was
kept in the letter and spirit. In the
afternoon of tile same day Judge Card
ner, In the court room in ltapid City, in
the presence of Messrs. q. O.. Word. G.
W. Brown. z. j. i.uell. li"yd. Lake and
Others, anll"nnc' his decision in tile
case in the most public Dan,ler MIR.
Cleveland was not present. But ii lie
preferred to br canvassing the city ON
the question of the judgrslir instead Of
attending tn tile lnteres' of his- client
the blame certainly was not with Judge
Gardner.
The article in the Herald on the case
contains numerous false statements.
and If written by AN attorney tile writer
knows them to be ia Sc. For instance.
the statement tina, Judge Gardner at
Custer, held l'ergnson's answer to be
gond. Judge Gardner ut uster si,nply
stated that for the purpos of that
hearing it was assumed that the answer
was you'd. But most prominen, il the
false assertion that Ferguson WAS by
Judge Gardner's act ''cut off from his
tight to appeal to the supreme conrt."
MIR. Ferguson has not been cnt off from
any such right. 1t is not with N the
power Of circuit judge 10 prevent an
appeal being taken from any decision
he may render. The fact is Ferguson
h 's made no attempt to appeal. The
lawlessness of Ills lawyers has been re-
buked by Judge Gardner. They abuse
the cOurt. l.. s. GULL.