The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-05-20
BURT MARSH ON TRIAL
The Case Drew Large Crowd o
Spectators.
DENIED THE SIGNATURE
Thomas Jones Testified That He Had
Never Put His Name to a Receipt
for $75 in Full Settle
ment.

Burt Marsh, which was begun in the
court of Justice Of the Peace Nichols
yesterday, proved quite an attraction,
every inch of the little court room lis
tened interestedly to the proceedings
throughout. The hearing was not con-
cluded, and after the states direct case
and the regular part of the defense was
in a continuance was taken to next
Wednesday afternoon. Deputy County
Attorney Roy S. Alley prosecuted the
case and Marsh was represented by
Attorney Ed S. Booth. An unusual
feature of the proceeding was that
counsel for both sides found it neces-
sary to take the stand as witnesses
to strengthen their respective sides of
the case.
The hearing opened by Prosecutor
Alley calling Thomas Jones to the
stand. Jones is the husband OF the
woman whom Evan Fisher took riding,
the adventure terminating in a catastro-
phe which exposed them to the hus-
band and put the woman in the hos
pital, where doctors bill was incurred
which Jones called on Fisher to pay
by employing Marsh to institute a suit
for damages against Fisher, and from
which in turn emanated the criminal
proceedings against Marsh.
Jones testified that he went to see
Marsh about bringing suit against
Fisher. He put Marsh in possession of
the facts and directed him to begin
suit for 5000. He gave Marsh a retain
er OF IS and was to pay him an addi-
tional fee of $25. Besides this Marsh
told him there would be costs amount
n n N l. ~IasJ i
ditional for costs, or something Of the
kind, which Jones did not very clearly
understand. This was on the 5th of
May. The suit was instituted in JUS
tice Lewis court al Walkerville. and
on the Sth Jones was informed by
Marsh that he had compromised with
Fisher for $780, of which he held out
$40 for himself as fee and costs and
gave Jones $50 Subsequently he was
informed by Fisher that he had paid
Marsh the full 5000. Jones, with his
wife and one Joseph Davis, went to
see Marsh while he was trying a case
in Justice Bliss court at South Butte,
some days later, and Marsh then de-
MED that he had received more than
500 from Fisher. When he settled with
Marsh. Jones said, Marsh gave him a
receipt to sign which read settlement
in full" but did not state the amount
receipted for.
On cross-eXamination Jones was
SHOWN signature on sheet of paper
and was asked by Mr.. Booth if it was
has signature. He said it was. The
paper was then unfolded and he was
shown receipt which. after giving the
title of the case of Jones vs. Fisher,
read: 1915 received from Burt Marsh,
my attorney in the above entitled ac-
ton, the sum of SIS as payment in full
settlement as per agreement in the
above entitled cause.
Witnessed by ]. w. Walsh, w. Met
ing; THOMAS JONES"
When the witness read the receipt
ne looked closer at the signature and
said he had been mistaken-that the
signature was not his, and that he
had never signed such a receipt.
Evan Fisher was next called He
testlf1ed that he was the defendant in
the suit in which Evan Fisher was sued
FOR $500 by Thomas Jones' On the Sth
or the month he went to Marsh's office
TO try and compromise the suit. He
tried to get off for S1O0, then $50, but
MARSH said Jones would not settle for
less than 5000. Witness told Marsh to
see Jones and see if he would not take
less. He saw Marsh again and was told
Jones would not settle for less than
SZoO so witness went to q bank and
drew the money and paid it over TAX
ing receipt which stated no amount.
but read settlement in full" Suisse
quently the witness learned Jones had
only received $50. and last Friday he
went to see Marsh who had several
people with him, and at once spoke up
and said: Il want to do business with
you in private" He then told witness
no come around that evening and he
would pay him back $50 If he would
say nothing more about it,
Joseph Davis said he was present at
a conversation between Marsh and
Jones on the 18th. Marsh said he got
500 from Fisher, but no more. Later he
was present in Marsh's office with
Fisher, Mrs. Jones, Marsh and a per-
son named WEIGH. Marsh then admitted
getting 5000 from Fisher. Before the
business was settled Marsh refused to
do anything further in witness pres
ence and put him out of the office. Wit
ness denied having been a detective for
Jones.
Mr.. Alley asked to be sworn and said
ne met Marsh in front of the city hail
a day or two ago and Marsh asked wit
ness II ne was going to prosecute the
case. He said he did not know and
Marsh said the people back of the case
were mistaken, as he had a receipt in
full for the money paid. No amount
wha tever was mentioned in the receipt:
on that Mr.. Alley was very positive. One
of the witnesses, he remembered, was
named Netting.
The state rested and the defense
opened by calling Mrs. Marsh, wife of
the defendant, to the stand. She said
Jones came to her house one evening"
about the 18th, and asked to see Marsh,
who was not home, and he Went away.
In half an hour he came back and said
he had heard Marsh got 5000. and as
he (Marsh) had only paid him SIS, he
wanted $25 more.
Il. +. Cason, one of Marsh's law asso-
ciates, testified that Fisher came to
Marsh's office and said he had to make
himself square with those people"
Marsh replied: you know no other
amount than $50 has ever been NEIL
toned in this case" and Fisher only
replied that he had got to square HIM
self. Witness was shown the SIS re-
CeiDt and identified II as the one rom