The Anaconda standard., 1895-03-30
BYER VS.. BL0DGETT
The Jury Returns Favorable 10 the
Plaintiff in the Case.
HOT TALK OF LAWYERS
1t Would Appear That the Com
plainant Had An Unusually
Odd Character With Which
to Contend.

DIIIE, MARCH ZJ.-lne CnarEe ludt
Lawyer o. ]. BloClgett attempted TO de-
fraud Mrs. Louis Byer was, this morning,
sustained BY the jury that tried the suit
to set aside the mortgage. 1t was charged
that when Louis Byer was arrested for
cattle stealing Blodgett secured a retainer
of Sl05 to defend him, and afterwards got
a note for an additional $500. Tho note
was secured by n second mortgage on the
Dyer ranch. Blodgett did not think the
security sufficient and induced Mrs. Byer
to give him n chat,el mortgage on every
head of live stock on the ranch. Mrs.
Byer claims that she signed the mort
gage upon the representation that it was
q bail bond for the release of her husband.
The testimony was all introduced yes
terday and the arguments were made this
morning. Frances Brooks, one of the
attorneys for Mrs. Byer, delivered n most
scathing arragnment of the de-
fendant. lie spoke of him as
human vulture who swooped down upon
the poor woman who could neither read
nor write, and with one stroke of the pen
took from her everything she possessed.
When he secured the note and mortgage
covering every head of cattle and sheep,
and not even leaving n little lamb, he
called on all the script fiends in Butte TO
sell the note, but none of them would
take 1t until he found "this man Lloyd"
who considered it good security. Mr.
Brooks referred 10 the testimony of the
man Downey, who made n deposition that
the mortgage was read to Mrs. Byer be-
fore she was asked to sign it. "Downey
was a partner of Blodgett," said the at
torney, land God knows that is sufficient
TO taint his testimony" Blodgett got
SlO9 for attending the preliminary trial OF
Mr.. Byer, and $500 note on his promise
to defend Byer at his final trial, but he
did not put in an appearance, and II was
necessary at the last moment TO get an
other attorney, and that fact may be the
cause of Byer now being in the peniten-
tiary.
"Blodgett claims that he was sick, that
he was suffering from what he calls
the bloody fiux. Why, this man is so
cold-blooded that you could cut his arm
off and not draw drop OF blood from
him. If he were not so cold-blooded he
would have gone to Mrs. Byer, when he
found he could give no consideration for
the note of $500, and told her here are
your chickens, your four head of milch
cows and few head of sheep, / have
enough of your hard earned money but
Blodgett was not that kind of a man
this street corner loafer who goes about
disguised as a lawyer and uses the lobby
of the Beaver block as,an office. 1t is TO
the everlasting discredit of the bar of
Silver Bow that man like this is al
lowed TO go on"
MIR. Brooks said that Blodgett claimed
that the note having passed into the
hands of an innocent purchaser the chat
tel mortgage could not be attached as it
was negotiable paper. Mr.. Brooks said
the court would instruct the jury differ
emily. why" said he, 'there is as much
difference between promissory note and
a chattel mortgage as there is between
this man Blodgett and an honest man.
"Gentlemen of the jury, if any one of
you should be SO unfortunate as to fall
into the clutches of a man like Blodgett;
if you should be in trouble and he would
go to your wife and induce her to sign
away all your property in the desperate
belief that she was doing something to
help you, would you then feel like patting
him on the back and say, Go it, Blodgett,
old boy, we'll stand by you,' or would you
tell this human vulture to disgorge?"
Mr.. Brooks was followed by Judge Lip
pincott, attorney for the defense, who
confined his argument TO the testimony
and the law in the case.
Miles Cavanaugh. also an attorney for
Mrs. Byer, closed the case with another
stinging rebuke of Blodgett. "You have
often been called as citizens to determine
and decide differences arising between
your fellowmen, but l venture TO say that
never did you see or know of n more de-
plorable and deliberate attempt to defraud
there is in this case. This man Blod-
gett saw a chance to defraud this poor
woman and he allowed his lust for money
TO warp his judgment and he secured this
mortgage through misrepresentation and
fraud. Blodgett is the only witness for
the defense. he sat here and In that
cool manner of his, asked Mrs. Byer if he
did not read this mortgage to her and she
said no, sir, you did not Her son who
was present at that time. says the papers
were not read to his mother, and against
these two. we have but the word of Blod-
gett. Mr. Herbert, the notary public
who acknowledged these papers. Mrs.
Blodgett and two others were present at
the time these papers were signed, but
they were not here to testify. There is no
evidence here to show where these Wit
nesses are nor why they are not here. Can
it be that they would not testify as Blod-
get wanted them to? believe that is the
case. The only testimony as TO the char
acter of Blodget in this case is the appear
ance of Blodget himself on the stand. l
believe that if this poor woman and her
six children had been negotiable property
they would have all been included in this
mortgage. and after the sick child had
died Blodgett would have rallied against
Providence for taking it away. Shylock
was not in IL with this man. lie got
sos in cash and 4 chattel mortgage on the
sheep and cows of this woman for $500 for
nothing. He admits he did not do as he
agreed to. He did not perform his part
of the contract. and Louis Dyer had TO
get other counsel to defend him and to do
what Blodget was hired and paid to do"
1t was near the noon hour when the case
was given to the jury and in Is minutes
this verdict was returned:
I'VE, the jury in the above entitled
case, find a verdict generally for the
plaintiff. d. \. PERRY. Foreman"
1t is probable that a suit will next be
brought TO prevent n foreclosure of the
second NOR; gage on the ranch on the
ground that II was obtained without con-
sideration.