The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-05-10
AFTER NINE MONTHS
0. ]. BlOdgtt! Discharged From Gus
tOdy on HabeaS Corpus.
HE SAYS HE WASN'T GUILTY
1t Is His Intention to Devote His
ime to Mining-Similar Pro-
ceedngs May Be AIKEN
In Codin's Case.

o. ]. Blodgett, who has been in the
county Jail since the 31st of last July
under sentence for blackmail, was or
dered discharged from custody yester-
day morning by Judge Mediation on
writ of habeas corpus, on the ground
that both the judgment and commit
ment under which he was held were
defective and void. In view of a de-
cision in the case of Blomquist and
others a few days ago, Chief Deputy
County Attorney Booth admitted,
when the Blodgett case was called,
that the judgment of the police court
was not good and stated that ii would
be useless to go into nearing or argu-
ment In the matter. The sherins return
on the writ showed that he held Blod-
gett by virtue of a commitment issued
on July 81, 1895, but by some means
the paper had been lost and a copy
furnished by the police magistrate.
The commitment, however, was one of
the old form which had been declared
insufficient by the court, having been
based on the judgment by which the
defendant had been found guilty and
sentenced to six months in the county
Jail and fined $500 and costs, the latter
amounting to $2S.20. In default of pay
ment of the fine he was sentenced to a
total of 435 days in Jail.
Mr. Booth admitted that the tudg-
cOulu lucluue d BtHttdl
mary and fix the time of Imprisonment
at one continuous term for the original
jail sentence and fine and costs. Judge
Mediation said ii was evident that the
Judgment was similar to the one in the
Blomquis case and the defendant
could not be held under II. Justices
Judgments, he said, must specify dis
tinotly the number of days to be served
for the fine, as provided by the stat
utes, at one day for each 81 of the
fine.
Blodgett was ordered discharged,
and his attorney, Il. o. Jackson, did
not have an opportunity to cite the
authorities nor make the argument
with which he had prepared himself.
Several of Blodgett's friends were pres
ent and congratulated him on his re-
lease, believing that he had been suffi-
GENTLY punished anyway. His confine-
ment has aged him considerably and
broke him down in health. 1t is evident
now that he might have obtained his
release many months ago, but the fact
was not discovered until Attorney Dy-
CERT made his successful attack on the
Blomquist Judgment. An effort had
been made to obtain a pardon for Blod-
gett and Governor Richards considered
the application so far as to visit the
prisoner in Jail about a month ago and
II was confidently expected by Blod-
EGtt ana mis- dttOTEey 1ildl a pdIuOh
would be granted, but 1t never came.
and is now unnecessary.
Several other prisoners in the county
| tail, some of them far less deserving
| than Blodgett, are also figuring on get
| ting out now. among them the fellow
| Godin, who attempted to prostitute his
wife for the purpose of Matchmaking a
business man. AS soon as he heard
that Blodgett had been released he
sent for an attorney and it is likely
that the next habeas corpus proceed
ing will be in his behalf.
Blodgett still insists that he was
w-ronCfully accused in the charge of
blackmail against him and says that
besides being unjustly convicted he was
held in Jail for ndne months without
shadow of authority. He repeats The
story he told at the trial that he acted
for another person and without intent
to blackmail anyone. but was COM
PEELED to take the blame because he
would not betray a person who would
have suffered more by 1t than he did.
He SAYS he would not blackmail any
person and would not ruin the reputa-
| ton of any girl He intends TO remain
| in Butte and devote his attention to his
mining interests and means TO do what
/ is right IL permitted 10 do SO.