The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-02-08
IT'S "A SERIOUS CHARGE
Attorney BlOdgett Finds Himself Facing
a PFadiCam,nt.
MARY BYER'S COMPL AIN T
She Accuses the Attorney With
Cheating Her out of a Lot OF
Money-He Denies Il Most
EmphaticalIy.

mas Decn made against Attorney y. d.
Blodgett in a civil action commenced
against him to-day by Mrs. Mary Dyer,
wife OF Louis Dyer, who was recently
tried in Deer Dodge and sent to the peni-
Tertiary for cattle stealing. 1t has been
alleged that Blodgett received a retainer
of $40 to defend Dyer and then got a mort
gage on Byer's ranch for $500 and after
wards, by Misrepresentation, secured an
other chattel mortgage for $500 and then
failed to appear when the case against
Dyer was called for trial. so that another
lawyer had to be employed. Mrs. Dyer
to-day sued Mr.. Blodgett to have the chat
tel mortgage set aside. John L. Lloyd,
the county commissioner, to whom the
mortgage was assigned, was also made
defendant.
Mrs. Dyer relates In her complaint that
she is the wife of A. L. Dyer, and that the
property mentioned in her complaint is
now her own separate property. On Dec.
70, last, the defendant, o. j. Blodgett,
through fraud, and by misrepresentation
made TO her, procured her signature to
the chattel mortgage. At the time she
signed it Blodgett stated to her that the
paper was a bail bond required for the
purpose of obtaining the release of her
husband, who was at that time in Jail in
Deer Lodge county, charged with grand
larceny. Mrs. Dyer says she is unable to
read or write the English language and
the paper was not read to her or explained
TO her, or its contents made known to her,
except by the false statements made TO
her by BlodRett. She says that at the
time she was in a very agItated state of
mind; that her husband was in Jail; that
her child had recently died; that her hus-
band was unable to come and see his
child during his sickness, or to attend it's
funeral anC0nnt of his lnNa RAT
that she had been up for many days and
nights and constantly worrying and fret
ting; that Blodgett we'll knew of this con-
dition of her mind, and knowing
1t, represented TO her that her sig
nature to the paper mentioned was
actually necessary to procure the release
of her husband, and was the only means
whereby such release could be procured.
There was no note or other evidence of
indebtedness given to Blodgett at the
time the mortgage was signed, or at any
other time, which was intended to be Sc
cured by the mortgage, and there was no
consideration for the execution of it. No
benefit has been derived from it by the
plaintiff or her husband or any other per-
son except the defendant, Biodgett.
The paper was signed at his house, and
not at his office, and before she signed it
she requested him to allow her to send
after some person who could read and I'M
derstand her own language, the German,
tidt euo iuIRul DdNe INC COutenlS the
paper explained and interpreted to her
before attaching her signature to it, but
Blodgett pretended that he had a lawsuit
10 attend to and had no time to wait I'M
til she could get such person.
He then assured her that it was for no
other purpose than to procure the release
of her husband from Jail. and upon such
repre- sentation she was finally induced to
sign the paper. The defendant we'll knew
that it was not bond and at the time he
made such statements he did not intend
to obtain the release of her husband and
never made any attempt to procure bail
for him, but on the contrary, the mIsrep-
reservations were made for the express
purpose of obtaining the mortgage for
the sole purpose of cheating and defraud-
ing her.
The complaint says that the defendant,
John L. Lloyd, is assignee of the mort
gage, and that the plaintiff was informed
and believes that he had notice that the
same had been procured by fraud and
that there was no consideration for its ex-
ecution. Mrs. Dyer asks the court to
COMPEL the holder of the mortgage to sur
render and cancel il.
A copy of the mortgage is made part of
the complaint, and shows that il was
signed before one Evans Heobel, a notary.
1t covers 45O head of sheep, three milk
cows and six horses, and says in express
terms that il is intended to cover every
head of stock on the Dyer ranch.
Mr.. Lloyd was seen this evening by q
STANDARD reporter and his statement
regarding the mortgage transaction puts
quite different look on the matter. He
says he bought the mortgage from Mr..
Blodgett in good faith and paid him 800
in cash for il and gave him credit for 500
which he had borrowed some time ago.
There are two mortgages, one a second
mortgage on the ranch and the other tho
chattel mortgage complained of, but that
both were given to secure only the one
note for $500. There are not two notes.
There is a first mortgage on the ranch for
81, $50 and Mr.. Blodgett did not think the
second mortgage was sufficient to secure
the $500 and therefore secured the chattel
mortgage on the stock. Both mortgages
were assigned to Mr.. Lloyd.
Mr. Blodgett was also seen by reporter
and asked for statement regarding the
serious charge made against him.
THE transaction was perfect and
straight In every respect" he said. ~
was sick at the time Mrs. Dyer signed the
mortgage, and it was drawn up and signed
by her in my house in the presence of
three witnesses, n. A. Doney, Mr.. Herbert
and my wife. l explained IL to her fully,
as also did Mr.. Herbert, who took her ac-
acknowledgement. Her statement that there
were two notes for $500 each is not true,
there was only one. As TO my not going
10 Deer Lodge to defend Dyer, / want TO
say that / expected to 60, and was only
prohibited by sickness, as any one can as
certain by inquiry of Mr.. Sader, the man
ager of the Beaver block, or DIR. Johnson,
who attended me and sent a certificate to
the district court at Deer Lodge to the eff
feet that was unable to appear at that
time in the case. So far as Mr.. Lloyd is
concerned, he knows absolutely nothing
about the matter, having purchased the
mortgage from me in good faith. / was
in Deer Lodge three times in connection
with the trial. and paid out over 500. Nv
fee was $500 and expenses. All | ask is
fairness. | don't wish to be placed in a