The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-12-03
THIS IS A NEW THING
A Little Bit Of Legal Business That
Looks Very Queer.
Mr.. AlTKEN MUST SUFFER
He Was Fenced In. and When He
Cut His Way Out Of His Own
Field. a Big Man Had
Him Arrested.

Special Correspondence of the Standard.
Livingston. Dec. lin Justice Roses
court in this city last Saturday a jury
found Robert Aitken guilty of mali
cious mischief. The proceedings, though
no doubt perfectly legal. were Of a
somewhat peculiar nature. Being too
poor financially to employ an attorney.
the defendant had decided on conduct
ing his own case, but when 1t was
called he was not present, neither was
the prosecuting witness. The state
proceeded. however, and as a conse-
uuence Mr.. Aitken was convicted. The
result might have been different had
the defendant not been sick in bed
and unable to attend and offer evil
dence in his own behalf.
The facts connected with the case
are as follows: Mr.. Aitken, who is
brother of the editor of the Big Timber
Express, Is a rancher residing on his
homestead on Shields river, about 25
miles north of this city. His ranch is
surrounded by the landed possessions
of the Shields River Livestock COM
pany. of which w. Z. Cox, register of
the Helena land Office, is the moving
spirit Last August Mr.. Cox ordered
his foreman to enclose the company's
unfenced land with a wire fence. This
was done and as a result, the road
which Mr.. Ait1en had been using for
six or seven years was fenced up. Mr..
Aitken cut the fence and the foreman
of the company lands had Mr.. Aitken
arrested for malicious mischief. At
the time of his arrest the defendant
maintained that the road that he had
been using so long was the only prac-
ticable one by which he could reach
the public highway and that he had
been virtually fenced in for the pur-
pose of compelling him to sell his
ranch to the company. which, having
land on all sides of him, desired this
tract also.
After the arrest the prosecuting wit
ness had a falling out with the COM
pany and refused to appear against
Mr.. Aitken, consequently Mr.. Cox was
on hand himself to see that the poor
rancher. whom he had fenced in like
cow In a corral. was convicted. Coun-
ty Attorney Poorman appeared on be-
half of the state. A jury was sum-
moned. which constituted the begin
ming of the trial. Before the jury APP
peared, however, a courier arrived
from Mr.. Athens ranch with a note
addressed to the county attorney, who
stated to the jury in his opening re-
marks that he did not desire to take
any unfair advantage of the defend
ant. but that the case had already
been continued seven different times,
olA VI DCCn tbl the
of Mr.. Aitken, and that to continue the
case now. after the trial had been COM
menced. would amount to a dismissal
of the cause. and that Notwithstanding
the unavoidable absence of the de-
PENDANT he felt in duty bound to pro-
coed with the case. The note which he
received from MIR. Aitken was as fol-
lows:
II have been feeling very unwell for
two or three days; this morning 1 am
too sick to leave the cabin"
Thus the case proceeded without the
defendant being given the right to be
heard. When the state rested, the
court asked If there were any wit
nesses present for the defense, and re-
ceiving no response submitted the one
sided cause to the jury. which, of
course. under the evidence, could do
nothing but bring in a verdict of
guilty. The court then fined the alb
sent defendant SIS and costs.
David Meiklejohn. United States dep
uty marshal was in the city Saturday
on his return to Butte from Mammoth
Hot Spring. to which place he escorted
j. S. Courtney, recently arrested at
Butte on a charge of killing buffalo in
the Yellowstone National park. The
prisoner was placed in the guard house
and his trial will shortly be had be-
fore United States Commissioner Mel
derstood that w. F. Witch, the Liv-
ingston taxidermist who removed to
Butte year ago, Is mixed up with the
case and that he has made a clean
breast of the whole affair. duplicating
10 or IL other poachers besides Court
ney. 1t is said that Witch entered
into a written contract with Courtnew
and party whereby he was to pay a
certain amount per head for the heads
of buffalo killed by the poachers and
delivered to him, and that this writ ten
contract is now in possession OF the
United States authorities. Courtneys
alleged COMPANIONS have not yet been
unprecedented. but officers are on their
trail in Idaho.
Col Z. Lamartine, who recently re-
turned with his family from Columbus.
Mont. is lying in a critical condition
at his rooms in the Albemarle. Though
heretofore able 10 get around, ne has
been rapidly declining in health, being
a victim of consumption. He had a
fainting spell in the hotel Sunday and
considerable difficulty was experienced
in bringing him to. He had to be car
ried up 10 his room and friends are
now in constant attendance upon his
bedside.
At the regular meeting OF Yellow
stone lodge No. 10. Knights OF Pythias.
held in this city Friday evening. the
following officers were elected for the
ensuing year: G. c.. J. +. Pritchard;
v. c.. j. G. Robinson; prelate, George
w. Colpitts: NJ. of W.. John Skillin; NJ
OF F.. ]. ]. Berkey; NJ. of E. ]. A.
Bailey: X. Of r. & s.. William Mitch
ell: trustees. John Si1illin and B. L.
Cook The installation will take place
the first Friday evening IN January.
Ed Daily. daylight mixologist at the
Arbemarle hotel sample rooms. return
ed Sunday from a months visit in ST.
Paul and Chicago.