The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-08-06
NO RIGHT TO PRACTICE
Mr.. Marsh Was Obliged to Re-
tire From the Case.
HE HADN'T BEEN ADMITTED
A Suit Against Dalrymple g. Roudebush
Begun by the Colorado Smelt-
ing Company-To Cancel
a Mortgage.

During the past few weeks the walls
of the concert halls. variety theaters,
saloons and other places in the lower
part of town have been decorated with
the name of Burt Marsh, a new lawyer
in town, with the announcement that
his speciality VAS criminal law. Mr..
Marsh came from Helena and he made
his first appearance In the district court
as one of the attorneys. defending
Charles Jones. tried in Judge Clancy's
department on the charge of receiving
stolen property. Mr.. Marsh ~nduct
the case for the defense until yesterday
morning, and then he suddenly dropped
put. 1t appears that a suggestion was
conveyed TO Judge Clancy that Mr..
Marsh of Helena was not a licensed at
torney and that he was imposing on the
court in appearing in the Jones case.
Judge Clancy called Mr.. Cason. CO.
counsel for Jones, and told him of
he had heard and said If Ii was a fact
that Mr.. Marsh had never been admitted
TO practice he would not be allowed to
address the jury. The court. however,
was disinclined TO throw the attorney
out of the case altogether, and Mr..
Md1Sn COllllutu 10 assn a lt" quColiphs
of IN witnesses. but he did not attempt
to address the jury and quietly left the
court room at the conclusion of the tes>
timony. To one of the questions asked
of a witness by Mr.. Connolly an objec-
ton was made by Mr.. Marsh.
Il believe / have a right to object to
the objection" said Mr.. Connolly, and
the objection was not pressed by the
attorney, who was not in a position to
make or maintain IL.
The Colorado Smelling and Mining
! company yesterday begun an action
against Jacob w. Dalrymple and Heze-
kial R~oudebush for $500 damages and 10
cancel a mortgage on the Caledonia and
Pacific Slope mines. The plaintiff al
leges that IL bought the properties from
]. c. c. Thornton on Feb. IL, 1889, the
latter having purchased them from
Chasteen Humphreys in 1882. On June
3, 1878, Humphreys mortgaged the prop
critics to Dalrymple and Roudebush to
secure three promissory notes OF $500,
$3.50 and 5000. The records do not show
that the mortgage was ever satisfied,
but the complaint alleges that it was full
ly paid before Thornton purchased the
properties. but even If II had not been
paid il would now be null and void and
barred by the statute of limitations. The
plaintiff often demanded of the defend
ants that the mortgage be discharged,
but they always refused to have il done.
Thornton and Humphreys are both dead
and their estates have been settled up
and no claims were ever made against
the estates by the defendants on ac-
count of the mortgage. The plaintifl
claims to have been damaged in the
sum of 5000 on account of losses sus-
tanned by reason of the ailur to make
sales of certain property affected by the
mortgage and judgment for that sum
is demanded. The court is also asked
to compel the defendants to surrender
the mortgage for cancellation.
In the case of Jane Williams against
Samuel Ayott and others the defend
ant, Frank Boucher, redemptioner OF
the property involved in the suit, petit
toned the court yesterday for a writ OF
assistance TO help him get possession
Of the property, which is o. occupied
by Joseph Barsalou and w. j. Naughten
Boucher says they have refused to give
il up.
In the case of J. f. O~ppenheimeI
against l.. F. Hoffman the latter
through his attorney. yesterday filed an
answer and a confession of judgment
for ssSs.14.